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Constitution of 1945: Art. VII
GEORGIA CONSTITUTION OF
1945
(text as ratified by Georgia voters on
Aug. 7, 1945)
ARTICLE VII.
FINANCE, TAXATION AND PUBLIC DEBT.
SECTION I.
Power of Taxation.
Paragraph I. Taxation, A Sovereign Right. The right of taxation is
a sovereign rightinalienable, indestructibleis the life of the State, and
rightfully belongs to the people in all Republican governments, and neither
the General Assembly, nor any, nor all other departments of the Government
established by this Constitution, shall ever have the authority to irrevocably
give, grant, limit, or restrain this right; and all laws, grants, contracts,
and all other acts, whatsoever, by said government, or any department thereof,
to affect any of these purposes, shall be, and are hereby, declared to be
null and void, for every purpose whatsoever; and said right of taxation
shall always be under the complete control of, and revocable by, the State,
notwithstanding any gift, grant or contract, whatsoever, by the General
Assembly.
The power to tax corporations and corporate property, shall not be surrendered
or suspended by any contract, or grant to which the State shall be a party.
Paragraph II. Taxing Power Limited.
1. The General Assembly shall not by vote, resolution or order, grant any
donation or gratuity in favor of any person, corporation or association.
2. The General Assembly shall not grant or authorize, extra compensation
to any public officer, agent or contractor after the service has been rendered
or the contract entered into.
3. The levy of taxes on property for any one year by the General Assembly
for all purposes, except to provide for repelling invasions, suppressing
insurrections, or defending the State in time of war, shall not exceed five
(5) mills on each dollar of the value of the property taxable in the State.
4. No poll tax shall be levied to exceed one dollar annually upon each poll.
Paragraph III. Uniformity; Classification of Property. All taxes
shall be levied and collected under general laws and for public purposes
only. All taxation shall be uniform upon the same class of subjects within
the territorial limits of the authority levying the tax. Classes of subjects
for taxation of property shall consist of tangible property and one or more
classes of intangible personal property including money. The General Assembly
shall have the power to classify property including money for taxation,
and to adopt different rates and different methods for different classes
of such property.
Paragraph IV. Exemptions From Taxation. The General Assembly may,
by law, exempt from taxation all public property; places of religious worship
or burial; all institutions of purely public charity; all intangible personal
property owned by or irrevocably held in trust for the exclusive benefit
of, religious, educational and charitable institutions, no part of the net
profit from the operation of which can inure to the benefit of any private
person; all buildings erected for and used as a college, incorporated academy
or other seminary of learning, and also all funds or property held or used
as endowment by such colleges, incorporated academies or seminaries of learning,
provided the same is not invested in real estate; and provided, further,
that said exemptions shall only apply to such colleges, incorporated academies
or other seminaries of learning as are open to the general public; provided
further, that all endowments to institutions established for white people,
shall be limited to white people, and all endowments to institutions established
for colored people, shall be limited to colored people; the real and personal
estate of any public library, and that of any other literary association,
used by or connected with such library; all books and philosophical apparatus
and all paintings and statuary of any company or association, kept in a
public hall and not held as merchandise or for purposes of sale or gain;
provided the property so exempted be not used for the purpose of private
or corporate profit and income, distributable to shareholders in corporations
owning such property or to other owners of such property, and any income
from such property is used exclusively for religious, educational and charitable
purposes, or for either one or more of such purposes and for the purpose
of maintaining and operating such institution; this exemption shall not
apply to real estate or buildings other than those used for the operation
of such institution and which is rented, leased or otherwise used for the
primary purpose of securing an income thereon; and also provided that such
donations of property shall not be predicated upon an agreement, contract
or otherwise that the donor or donors shall receive or retain any part of
the net or gross income of the property. The General Assembly shall further
have power to exempt from taxation, farm products, including baled cotton
grown in this State and remaining in the hands of the producer, but not
longer than for the year next after their production.
All personal clothing, household and kitchen furniture, personal property
used and included within the home, domestic animals and tools, and implements
of trade of manual laborers, but not including motor vehicles, are exempted
from all State, County, Municipal and School District ad valorem taxes,
in an amount not to exceed $300.00 in actual value.
The Homestead of each resident of Georgia actually occupied by the owner
as a residence and homestead, and only so long as actually occupied by the
owner primarily as such, but not to exceed $2000.00 of its value, is hereby
exempted from all ad valorem taxation for State, county and school purposes,
except taxes levied by municipalities for school purposes and except to
pay interest on and retire bonded indebtedness, provided, however, should
the owner of a dwelling house on a farm, who is already entitled to homestead
exemption, participate in the program of rural housing and obtain a new
house under contract with the local housing authority, he shall be entitled
to receive the same homestead exemption as allowed before making such contract.
The General Assembly may from time to time lower said exemption to not less
than $1250.00. The value of all property in excess of the foregoing exemptions
shall remain subject to taxation. Said exemptions shall be returned and
claimed in such manner as prescribed by the General Assembly. The exemption
herein provided for shall not apply to taxes levied by municipalities.
All cooperative, non-profit, membership corporations organized under the
laws of this State for the purpose of engaging in rural electrification,
as defined in subsection I of Section 3 of the Act approved March 30, 1937,
providing for their incorporation, and all of the real and personal property
owned or held by such corporations for such purpose, are hereby exempted
from all taxation, state, county, municipal, school district and political
or territorial subdivisions of the State having the authority to levy taxes.
The exemption herein provided for shall expire December 31, 1961.
There shall be exempt from all ad valorem intangible taxes in this State,
the common voting stock of a subsidiary corporation not doing business in
this State, if at least ninety per cent of such common voting stock is owned
by a Georgia corporation with its principal place of business located in
this State and was acquired or is held for the purpose of enabling the parent
company to carry on some part of its established line of business through
such subsidiary.
All laws exempting property from taxation, other than the property herein
enumerated, shall be void.
Paragraph V. Exemptions of Certain Industries Continued. Existing
exemptions under the amendment to the Constitution providing for the exemption
of certain industries from taxation appearing in Acts of the General Assembly
of 1923, extra session, page 67, ratified November 4, 1924, shall continue
of force until the expiration of the term for which granted.
SECTION II.
Purposes and Method of Taxation.
Paragraph I. Taxation, How and for What Purposes Exercised. The powers
of taxation over the whole State shall be exercised by the General Assembly
for the following purposes only:
1. For the support of the State Government and the public institutions.
2. For educational purposes.
3. To pay the principal and the interest on the public debt, and to provide
a sinking fund therefor.
4. To suppress insurrection, to repel invasion, and defend the State in
time of war.
5. To make provision for the payment of pensions to ex-Confederate soldiers
and to the widows of Confederate soldiers who were married to such soldiers
prior to January 1, 1920, and who are unmarried.
6. To construct and maintain State buildings and system of State highways,
airports, and docks.
7. To make provision for the payment of old-age assistance to aged persons
in need, and for the payment of assistance to the needy blind, and to dependent
children and other welfare benefits; provided that no person shall be entitled
to the assistance herein authorized, who does not qualify for such provisions
in every respect, in accordance with enactments of the General Assembly,
which may be in force and effect, prescribing the qualifications for beneficiaries
hereunder: Provided no indebtedness against the State shall ever be created
for the purpose herein stated, in excess of the taxes lawfully levied each
fiscal year under Acts of the General Assembly authorized hereunder for
such purposes.
8. To advertise and promote the agricultural, industrial, historic, recreational
and natural resources of the State of Georgia.
9. For public health purposes.
Paragraph II. Teacher Retirement SystemTaxation For. The powers of
taxation may be exercised by the State through the General Assembly and
by counties and municipalities, for the purpose of paying pensions and other
benefits and costs under a teacher retirement system or systems; provided
no indebtedness against the State shall ever be created for the purpose
herein stated in excess of the taxes lawfully levied each fiscal year under
Acts of the General Assembly authorized hereunder.
Paragraph III. Revenue to Be Paid Into General Fund. All money collected
from taxes, fees and assessments for State purposes, as authorized by revenue
measures enacted by the General Assembly, shall be paid into the General
Fund of the State Treasury and shall be appropriated therefrom, as required
by this Constitution, for the purposes set out in this Section and for these
purposes only.
Paragraph IV. Tax Returns of Public Utilities. The General Assembly
may provide for a different method and time of returns, assessments, payment
and collection of ad valorem taxes, of public utilities, but not at a greater
basis of value or at a higher rate of taxation than other properties.
SECTION III.
State Debt.
Paragraph I. Purposes for Which Contracted. No debt shall be contracted
by, or on behalf of, the State, except to supply such temporary deficit
as may exist in the treasury in any year for necessary delay in collecting
the taxes of that year, to repel invasion, suppress insurrection and defend
the State in time of war, or to pay the existing public debt; but the debt
created to supply deficiencies in revenue shall not exceed, in the aggregate,
five hundred thousand dollars, and any loan made for this purpose shall
be repaid out of the taxes levied for the year in which the loan is made.
However, said debt may be increased in the sum of three million, five hundred
thousand dollars for the payment of the public school teachers of the State
only. The principal amount borrowed for payment of teachers shall be repaid
each year out of the common school appropriation, and the interest paid
thereon shall be paid each year out of the general funds of the State.
Paragraph II. Bonded Debt Increased, When. The bonded debt of the
State shall never be increased, except to repel invasion, suppress insurrection
or defend the State in time of war.
Paragraph III. Form of Laws to Borrow Money. All laws authorizing
the borrowing of money by or on behalf of the State shall specify the purpose
for which the money is to be used and the money so obtained shall be used
for the purpose specified and for no other.
Paragraph IV. State Aid Forbidden. The credit of the State shall
not be pledged or loaned to any individual, company, corporation or association
and the State shall not become a joint owner or stockholder in or with,
any individual, company, association or corporation.
Paragraph V. Assumption of Debts Forbidden. The State shall not assume
the debt, nor any part thereof, of any county, municipal corporation or
political subdivision of the State, unless such debt be contracted to enable
the State to repel invasion, suppress insurrection or defend itself in time
of war: Provided, however, that the amendment to the Constitution proposed
by the General Assembly and set forth in the published Acts of the General
Assembly of the year 1931 at page 97, which amendment was ratified on November
8, 1932, and which amendment provided for the assumption by the State, of
indebtedness of the several counties of the State, as well as that of the
Coastal Highway District, and the assessments made against the counties
of said district for the construction and paving of the public roads or
highways, including bridges, of the State, under certain conditions and
for the issuance of certificates of indebtedness for such indebtedness so
assumed, is continued of full force and effect until such indebtedness assumed
by the State is paid and such certificates of indebtedness retired.
Paragraph VI. Profit on Public Money. The receiving, directly or
indirectly, by any officer of State or county, or member or officer of the
General Assembly of any interest, profits or perquisites, arising from the
use or loan of public funds in his hands or moneys to be raised through
his agency for State or county purposes, shall be deemed a felony, and punishable
as may be prescribed by law, a part of which punishment shall be a disqualification
from holding office.
Paragraph VII. Certain Bonds Not to Be Paid. The General Assembly
shall have no authority to appropriate money either directly or indirectly,
to pay the whole, or any part, of the principal or interest of the bonds,
or other obligations which have been pronounced illegal, null and void by
the General Assembly and the Constitutional amendments ratified by a vote
of the people on the first day of May, 1877; nor shall the General Assembly
have authority to pay any of the obligations created by the State under
laws passed during the late war between the States, nor any of the bonds,
notes or obligations made and entered into during the existence of said
war, the time for the payment of which was fixed after the ratification
of a treaty of peace between the United States and the Confederate States;
nor shall the General Assembly pass any law, or the Governor or any other
State official, enter into any contract or agreement whereby the State shall
be made a party to any suit in any court of this State, or of the United
States instituted to test the validity of any such bonds, or obligations.
Paragraph VIII. Sale of State's Property to Pay Bonded Debt. The
proceeds of the sale of the Western and Atlantic Railroad, and any other
property owned by the State, whenever the General Assembly may authorize
the sale of the whole or any part thereof, shall be applied to the payment
of the bonded debt of the State, and shall not be used for any other purpose
whatsoever, so long as the State has any existing bonded debt; provided
that the proceeds of the sale of the Western and Atlantic Railroad shall
be applied to the payment of the bonds for which said railroad has been
mortgaged, in preference to all other bonds.
Paragraph IX. State Sinking Fund. The General Assembly shall raise
by taxation each year, in addition to the sum required to pay the public
expenses, such amounts as are necessary to pay the interest on the public
debt and the principal of the public debt maturing in such year and to provide
a sinking fund to pay off and retire the bonds of the State which have not
then matured. The amount of such annual levy shall be determined after consideration
of the amount then held in the sinking fund. The taxes levied for such purposes
and the said sinking fund, shall be applied to no other purpose whatever.
The funds in the said sinking fund may be invested in the bonds of the State,
and also in bonds and securities issued by the Federal Government and subsidiaries
of the Federal Government, fully guaranteed by that government. If the said
bonds are not available for purchase, the funds in the sinking fund may
be loaned by the Treasurer of the State, with the approval of the Governor,
upon terms to be fixed by such officials and when amply secured by bonds
of the State or Federal Government.
SECTION IV.
Taxation By Counties.
Paragraph I. Taxing Power of Counties. The General Assembly shall
not have power to delegate to any county the right to levy a tax for any
purpose, except:
1. To pay the expenses of administration of the county government.
2. To pay the principal and interest of any debt of the county and to provide
a sinking fund therefor.
3. For educational purposes upon property located outside of independent
school systems, as provided in Article VIII of this Constitution.
4. To build and repair the public buildings and bridges.
5. To pay the expenses of courts, the maintenance and support of prisoners
and to pay sheriffs and coroners and for litigation.
6. To build and maintain a system of county roads.
7. For public health purposes in said county, and for the collection and
preservation of records of vital statistics.
8. To pay county police.
9. To support paupers.
10. To pay county agricultural and home demonstration agents.
11. To provide for payment of old age assistance to aged persons in need,
and for the payment of assistance to needy blind, and to dependent children
and other welfare benefits, provided that no person shall be entitled to
the assistance herein authorized who does not qualify for such assistance
in every respect, in accordance with enactments of the General Assembly
which may be in force and effect prescribing the qualifications for beneficiaries
hereunder; provided no indebtedness or liability against the county shall
ever be created for the purpose herein stated, in excess of the taxes lawfully
levied each fiscal year under acts of the General Assembly authorized hereunder
for such purposes.
12. To provide for fire protection of forest lands and for the further conservation
of natural resources.
13. To provide medical or other care, and hospitalization, for the indigent
sick people of the county.
14. To acquire, improve and maintain airports, public parks, and public
libraries.
15. To provide for workmen's compensation and retirement or pension funds
for officers and employees.
16. To provide reasonable reserves for public improvements as may be fixed
by law.
Paragraph II. Districting of Counties. The General Assembly may district
the territory of any county, outside the limits of incorporated municipalities,
for the purpose of providing systems of waterworks, sewerage, sanitation,
and fire protection; and authorize such counties to levy a tax only upon
the taxable property in such district for the purpose of constructing and
maintaining such improvements.
SECTION V.
Paragraph I. Taxing Power and Contributions of Counties, Cities and Political
Division Restricted. The General Assembly shall not authorize any county,
municipal corporation or political division of this State, through taxation,
contribution or otherwise, to become a stockholder in any company, corporation
or association, or to appropriate money for, or to loan its credit to any
corporation, company, association, institution or individual except for
purely charitable purposes. This restriction shall not operate to prevent
the support of schools by municipal corporations within their respective
limits.
SECTION VI.
Paragraph I. Contracts for Use of Public Facilities.
(a) The State, state institutions, any city, town, municipality or county
of this State may contract for any period not exceeding fifty years, with
each other or with any public agency, public corporation or authority now
or hereafter created for the use by such subdivisions or the residents thereof
of any facilities or services of the State, state institutions, any city,
town, municipality, county, public agency, public corporation or authority,
provided such contracts shall deal with such activities and transactions
as such subdivisions are by law authorized to undertake.
(b) Any city, town, municipality or county of this State is empowered, in
connection with any contracts authorized, by the preceding paragraph, to
convey to any public agency, public corporation or authority now or hereafter
created, existing facilities operated by such city, town, municipality or
county for the benefit of residents of such subdivisions, provided the land,
buildings and equipment so conveyed shall not be mortgaged or pledged to
secure obligations of any such public agency, public corporation or authority
and provided such facilities are to be maintained and operated by such public
agency, public corporation or authority for the same purposes for which
such facilities were operated by such city, town, municipality or county.
Nothing in this section shall restrict the pledging of revenues of such
facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination
of the same, may contract with any public agency, public corporation or
authority for the care, maintenance and hospitalization of its indigent
sick, and may as a part of such contract obligate itself to pay for the
cost of acquisition, construction, modernization or repairs of necessary
buildings and facilities by such public agency, public corporation or authority,
and provide for the payment of such services and the cost to such public
agency, public corporations or authority of acquisition, construction, modernization
or repair of buildings and facilities from revenues realized by such city,
town, municipality or county from any taxes authorized by the Constitution
of this State or revenues derived from any other sources.
SECTION VII.
Limitation on County and Municipal Debts.
Paragraph I. Debts of Counties and Cities. The debt hereafter incurred
by any county, municipal corporation or political division of this State
except as in this Constitution provided for, shall never exceed seven per
centum of the assessed value of all the taxable property therein, and no
such county, municipality or division shall incur any new debt except for
a temporary loan or loans, to supply casual deficiencies of revenue, not
to exceed one-fifth of one per centum of the assessed value of the taxable
property therein, without the assent of a majority of the qualified voters
of the county, municipality or other political subdivision voting in an
election for that purpose to be held as prescribed by law; and provided
further that all laws, charter provisions and ordinances heretofore passed
or enacted providing special registration of the voters of counties, municipal
corporations and other political divisions of this State to pass upon the
issuance of bonds by such counties, municipal corporations and other political
divisions are hereby declared to be null and void; and the General Assembly
shall hereafter have no power to pass or enact any law providing for such
special registration, but the validity of any and all bond issues by such
counties, municipal corporations or other political divisions made prior
to January 1,1945, shall not be affected hereby; provided, that any county
or municipality of this State may accept and use funds granted by the Federal
Government, or any agency thereof, to aid in financing the cost of architectural,
engineering, economic investigations, studies, surveys, designs, plans,
working drawings, specifications, procedures, and other action preliminary
to the construction of public works, and where the funds so used for the
purposes specified are to be repaid within a period of ten years.
Paragraph II. Levy of Taxes to Pay Bonds. Any county, municipal corporation
or political division of this State which shall incur any bonded indebtedness
under the provisions of this Constitution, shall at or before the time of
so doing, provide for the assessment and collection of an annual tax sufficient
in amount to pay the principal and interest of said debt, within thirty
years from the date of the incurring of said indebtedness.
Paragraph III. Additional Debt Authorized When. In addition to the
debt authorized in Paragraph I of this section, to be created by any county,
municipal corporation or political subdivision of this State, a debt may
be incurred by any county, municipal corporation or political subdivision
of this State, in excess of seven per centum of the assessed value of all
the taxable property therein, upon the following conditions: Such additional
debt, whether incurred at one or more times, shall not exceed in the aggregate,
three per centum of the assessed value of all the taxable property in such
county, municipality or political subdivision; such additional debt shall
be payable in equal installments within the five years next succeeding the
issuance of the evidences of such debt; there shall be levied by the governing
authorities of such county, municipality or political subdivision prior
to the issuance of such additional debt, a tax upon all of the taxable property
within such county, municipality or political subdivision collectible annually,
sufficient to pay in full the principal and interest of such additional
debt when as due; such tax shall be in addition to and separate from all
other taxes levied by such taxing authorities, and the collections from
such tax shall be kept separate and shall be held, used and applied solely
for the payment of the principal and interest of such additional indebtedness;
authority to create such additional indebtedness shall first have been authorized
by the General Assembly; the creation of such additional indebtedness shall
have been first authorized by a vote of the registered voters of such county,
municipality or political subdivision at an election held for such purpose,
pursuant to and in accordance with the provisions of this Constitution and
of the then existing laws for the creation of a debt by counties, municipal
corporations, and political subdivisions of this State, all of which provisions,
including those for calling, advertising, holding and determining the result
of, such election and the votes necessary to authorize the creation of an
indebtedness are hereby made applicable to an election held for the purpose
of authorizing such additional indebtedness.
Paragraph IV. Temporary Loans Authorized; Conditions. In addition
to the obligations hereinbefore allowed, each county, municipality and political
subdivision of the State authorized to levy taxes, is given the authority
to make temporary loans between January 1st and December 31st in each year
to pay expenses for such year, upon the following conditions: The aggregate
amount of all such loans of such county, municipality or political subdivision
outstanding at any one time, shall not exceed seventy- five per centum of
the total gross income of such county, municipality or political subdivision,
from taxes collected by such county, municipality or political subdivision
in the last preceding year. Each such loan shall be payable on or before
December 31st of the calendar year in which such loan is made. No loan may
be made in any year under the provisions of this paragraph when there is
a loan then unpaid which was made in a prior year under the provisions of
this paragraph. Each such loan shall be first authorized by resolution fixing
the terms of such loan, adopted by a majority vote of the governing body
of such county, city or political subdivision, at a meeting legally held,
and such resolution shall appear upon the minutes of such meeting. No such
county, municipality or subdivision shall incur in any one calendar year,
an aggregate of such temporary loans and other contracts or obligations
for current expenses, in excess of the total anticipated revenue of such
county, municipality or subdivision for such calendar year, or issue in
one calendar year notes, warrants or other evidences of such indebtedness
in a total amount in excess of such anticipated revenue for such year.
Paragraph V. Revenue Anticipation Obligations. Revenue anticipation
obligations may be issued by any county, municipal corporation or political
subdivision of this State, to provide funds for the purchase or construction,
in whole or in part, of any revenue-producing facility which such county,
municipal corporation or political subdivision is authorized by the Act
of the General Assembly approved March 31st, 1937, known as the "Revenue
Certificate Laws of 1937," as amended by the Act approved March 14,
1939, to construct and operate, or to provide funds to extend, repair or
improve any such existing facility, and to buy, construct, extend, operate
and maintain gas or electric generating and distribution systems, together
with all necessary appurtenances thereof. Such revenue anticipation obligations
shall be payable, as to principal and interest, only from revenue produced
by revenue-producing facilities of the issuing political subdivisions, and
shall not be deemed debts of, or to create debts against, the issuing political
subdivisions within the meaning of this paragraph or any other of this Constitution.
This authority shall apply only to revenue anticipation obligations issued
to provide funds for the purchase, construction, extension, repair or improvement
of such facilities and undertakings as are specifically authorized and enumerated
by said Act of 1937, as amended by said Act of 1939; and to buy, construct,
extend, operate and maintain gas or electric generating and distribution
systems, together with all necessary appurtenances thereof; provided further
any revenue certificates issued to buy, construct, extend, operate and maintain
gas or electric generating and distribution systems shall, before being
undertaken, be authorized by a majority of those voting at an election held
for the purpose in the county, municipal corporation or political subdivision
affected, and provided further that a majority of the registered voters
of such county, municipal corporation or political subdivision affected
shall vote in said election, the election for such to be held in the same
manner as is used in issuing bonds of such county, municipal corporation
or political subdivision and the said elections shall be called and provided
for by officers in charge of the fiscal affairs of said county, municipal
corporation or political subdivision affected; and no such issuing political
subdivision of the State shall exercise the power of taxation for the purpose
of paying the principal or interest of any such revenue anticipation obligations
or any part thereof.
Provided that after a favorable election has been held as set forth above,
if municipalities, counties or other political subdivisions shall purchase,
construct, or operate such electric or gas utility plants from the proceeds
of said revenue certificates, and extend their services beyond the limits
of the county in which the municipality or political subdivision is located,
then its services rendered and property located outside said county shall
be subject to taxation and regulation as are privately owned and operated
utilities.
Paragraph VI. Refunding Bonds. The General Assembly is hereby authorized
to create a commission and to vest such commission with the power to secure
all necessary information and to approve or disapprove the issuance of bonds
for the purpose of refunding any bonded indebtedness of any county, municipality
or political subdivision of this State issued prior to the adoption of this
Constitution, including the authority to approve or disapprove the amount
and terms of such refunding bonds, together with such other powers as to
the General Assembly may seem proper, but not in conflict with the provisions
of the Constitution. Such refunding bonds shall be authorized only where
such county, municipality or political subdivision has not the funds available
to meet the payment of outstanding bonded indebtedness through failure to
levy and collect the required taxes, or through failure to maintain the
required sinking fund for such bonds. The General Assembly may approve the
issuance of the said refunding bonds under the conditions stated. Such refunding
bonds shall not, together with all other outstanding bonded indebtedness,
exceed the limits fixed by this Constitution for the maximum amount of bonded
indebtedness which may be issued by such county, municipality or political
subdivision and shall be otherwise governed by all of the terms and provisions
of this Constitution. No bonds shall be issued under this paragraph to refund
any bonds issued after the adoption of this Constitution.
Paragraph VII. Refunding Bonds to Reduce Bonded Indebtedness. The
General Assembly is further authorized to give to the said Commission the
power and authority to approve or disapprove the issuance of bonds to refund
any outstanding bonded indebtedness of any county, municipality or political
subdivision now or hereafter issued, for the purpose of reducing the amount
payable, principal or interest, on such bonded indebtedness, and upon the
condition that, the issuance of such refunding bonds will reduce the amounts
payable upon such outstanding bonds, principal or interest. Such refunding
bonds shall replace such outstanding bonded indebtedness. The said Commission
shall have the authority to approve or disapprove the terms of any such
proposed refunding bonds. The General Assembly may authorize the issuance
of such refunding bonds issued for the said purpose, when approved by the
said Commission and authorized by the governing authority of such county,
municipality or subdivision, without an election by the qualified voters
as otherwise required, but in all other respects such refunding bonds shall
comply with the provisions of this Constitution.
SECTION VIII.
Paragraph I. Sinking Funds for Bonds. All amounts collected from
any source for the purpose of paying the principal and interest of any bonded
indebtedness of any county, municipality or subdivision and to provide for
the retirement of such bonded indebtedness, above the amount needed to pay
the principal and interest on such bonded indebtedness due in the year of
such collection, shall be placed in a sinking fund to be held and used to
pay off the principal and interest of such bonded indebtedness thereafter
maturing.
The funds in such sinking fund shall be kept separate and apart from all
other moneys of such county, municipality or subdivision and shall be used
for no purpose other than that above stated. The moneys in such sinking
fund may be invested and reinvested by the governing authorities of such
county, municipality or subdivision or by such other authority as has been
created to hold and manage such sinking fund, in the bonds of such county,
municipality or subdivision, and in bonds or obligations of the State of
Georgia, of the counties and cities thereof and of the government of the
United States, of subsidiary corporations of the Federal Government fully
guaranteed by such government, and no other. Any person or persons violating
the above provisions, shall be guilty of malpractice in office and shall
also be guilty of misdemeanor, and shall be punished, when convicted, as
prescribed by law for the punishment of misdemeanors, until the General
Assembly shall make other provisions for the violation of the terms of this
paragraph.
SECTION IX.
Appropriation Control.
Paragraph I. Preparation and Submission of General Appropriation Bill.
The Governor shall submit to the General Assembly within fifteen days after
its organization, a budget message accompanied by a draft of a General Appropriation
Bill, which shall provide for the appropriation of the funds necessary to
operate all the various departments and agencies, and to meet the current
expenses of the State for the ensuing fiscal year.
Paragraph II. Continuation of General Appropriation Act. Each General
Appropriation Act, with such amendments as are adopted from time to time,
shall continue in force and effect for each fiscal year thereafter until
repealed or another General Appropriation Act is adopted; provided, however,
that each section of the General Appropriation Act in force and effect on
the date of the adoption of this Constitution, of general application and
pertaining to the administration, limitation and restriction on the payment
of appropriations and each section providing for appropriation of Federal
Grants and other continuing appropriations and adjustments on appropriations
shall remain in force and effect until specifically and separately repealed
by the General Assembly.
Paragraph III. Other or Supplementary Appropriations. In addition
to the appropriations made by the General Appropriation Act and amendments
thereto, General Assembly may make additional appropriations by Acts, which
shall be known as supplementary appropriation Acts, provided no such supplementary
appropriation shall be available unless there is an unappropriated surplus
in the State Treasury or the revenue necessary to pay such appropriation
shall have been provided by a tax laid for such purpose and collected into
the General Fund of the State Treasury. Neither House shall pass a Supplementary
Appropriation Bill until the General Appropriation Act shall have been finally
adopted by both Houses and approved by the Governor.
Paragraph IV. Appropriations to Be for Specific Sums. The appropriation
for each department, officer, bureau, board, commission, agency or institution
for which an appropriation is made, shall be for a specific sum of money,
and no appropriation shall allocate to any object, the proceeds of any particular
tax or fund or a part or percentage thereof.
Paragraph V. Appropriations Void, When. Any appropriation made in
conflict with either of the foregoing provisions shall be void.
SECTION X.
Paragraph I. Existing Amendments Continued of Force. Amendments to
the Constitution of the State of Georgia of 1877 in effect at the date of
the ratification by the voters of the State, of this Constitution, shall
continue of full force and effect after the ratification of this Constitution,
where such amendments are of merely local, and not, general application,
including the amendments pertaining to the Coastal Highway District of this
State. There is also continued under this provision in force and effect,
amendments to the Constitution of 1877 applicable to counties and cities
having a population in excess of a number stated in such amendments, amendments
applicable to counties having a city wholly or partly therein with a population
in excess of, or not less than a number stated in such amendment, and amendments
applicable to cities lying in two counties, where such amendments are in
force and effect at the time of the ratification of this Constitution. Provided
the amendment of Paragraph I of Section II of Article XI of the Constitution
of 1877 proposed by Georgia Laws 1943 page 53 and ratified August 3, 1943,
authorizing election by the people of the County Board of Education of Spalding
County; prescribing rules of eligibility of members of the Board; providing
for election by the Board of the County Superintendent of Schools shall
not be continued of force.
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