GEORGIA CONSTITUTION OF 1976
(text as ratified by Georgia voters on November 2, 1976)

 

 

 

ARTICLE III.

LEGISLATIVE BRANCH

SECTION I.

 

LEGISLATIVE POWER, WHERE VESTED

Paragraph I. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.

SECTION II.

SENATORIAL DISTRICTS

Paragraph I. Apportionment of Senate. The Senate shall consist of not less than fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts as it deems proper. The apportionment of the Senate shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official.

Paragraph II. Qualifications of Senators. The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the districts from which elected.

SECTION III.

REPRESENTATIVE DISTRICTS

Paragraph I. Apportionment of the House of Representatives. The House of Representatives shall consist of representatives apportioned among the Representative Districts of the State. The General Assembly may create, rearrange and change Representative Districts as it deems proper. The apportionment of the House of Representatives shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official.

Paragraph II. Qualifications of Representatives. The Representatives shall be citizens of the United States who have attained the age of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the districts from which elected.

SECTION IV.

OFFICERS OF THE GENERAL ASSEMBLY

Paragraph I. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or permanent disability of the President or in the event of the succession of the President to the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensation and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph shall become effective on the first day of the regular session of the General Assembly in 1977.

Paragraph II. Speaker. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the Representatives. A Speaker Pro Tempore shall be elected viva voce from the Representatives and shall act in case of the death, resignation or disability of the Speaker, or in the event of succession to the executive power.

Paragraph III. Officers of the Two Houses. The officers of the two houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives, and such assistants as each House may provide for.

SECTION V.

GENERAL ASSEMBLY; ORGANIZATION AND PROCEDURE

Paragraph I. Term of Members. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office.

Paragraph II. Election. When. The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1978, and subsequent elections biennially, on that day, until the day of election is changed by law.

Paragraph III. Meeting; Time Limit; Adjournment. The General Assembly shall meet in regular session on the second Monday in January of each year. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session but shall remain in regular session no longer than forty days in the aggregate each year. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Representatives at the time of adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section II, Paragraph III of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed.

Paragraph IV. Oath of Members. Each Senator and Representative, before taking his seat shall take the following oath, or affirmation, to-wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State."

Paragraph V. Quorum. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each House may provide.

Paragraph VI. Adjournment. Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either, or both of them.

Paragraph VII. Eligibility; Appointments Forbidden. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term.

Paragraph VIII. Removal from District, Effect of. The seat of a member of either house shall be vacated on his removal from the district from which he was elected.

Paragraph IX. Compensation and Allowances. The compensation and allowances of the members of the General Assembly shall be as provided by law.

Paragraph X. Election, Returns, Etc.; Disorderly Conduct. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.

Paragraph XI. Contempts, How Punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.

Paragraph XII. Privilege of Members. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House

Paragraph XIII. Viva Voce Vote; Place of Meeting. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results.

SECTION VI.

IMPEACHMENTS

Paragraph I. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office.

Paragraph II. Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members present.

Paragraph III. Judgments in Impeachments. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.

SECTION VII.

ENACTMENT OF LAWS

Paragraph I. Journals and Acts. Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.

Paragraph II. Where Journals Kept. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.

Paragraph III. Bills to Be Read. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed.

Paragraph IV. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.

Paragraph V. Yeas and Nays, When Taken. The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal.

Paragraph VI. Yeas and Nays to Be Entered, When. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.

Paragraph VII. Majority of Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal.

Paragraph VIII. Bills for Revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.

Paragraph IX. Notice of Intention to Ask Local Legislation Necessary. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide.

Paragraph X. Acts Signed; Rejected Bills. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.

Paragraph XI. Signature of Governor. No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments or a new Constitution, and in case of prolongation of a session of the General Assembly.

Paragraph XII. Statutes and Sections of Code. How Amended. No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.

SECTION VIII.

GENERAL ASSEMBLY; EXERCISE OF POWERS

Paragraph I. Powers of the General Assembly. The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.

Paragraph II. Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use.

Paragraph III. Police Power. The exercise of the police power of the state shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well-being of the State.

Paragraph IIIA. Restrictions upon Land Use for the Protection of Natural Resources, Environment and Vital Areas. The General Assembly shall have the authority to provide restrictions upon land use in order to protect and preserve the natural resources, environment and vital areas of this State.

Paragraph IV. Compensation and Allowance of Elective Officials; How Changed. The General Assembly may, at any time, provide by law other and different compensation or allowances for all of the elective officers provided for in this Constitution.

Paragraph V. Corporate Powers, How Granted. The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general law by what person such charter shall be granted.

Paragraph VI. Charters Revived or Amended Subject to Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation existing at the time the Constitution of 1945 became effective, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution.

Paragraph VII. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.

Paragraph VIII. Contracts to Defeat Competition. All contracts and agreements, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. The General Assembly shall enforce the provisions of this Paragraph by appropriate legislation.

Paragraph IX. Public Utility Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution.

Paragraph X. Rebates. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties.

Paragraph XI. Street Railways. The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities.

Paragraph XII. Gratuities; Exceptions.

1. Except as provided in this Constitution, the General Assembly shall not by vote, resolution, or other, 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 General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Commissioner of Natural Resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor.

4. The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant.

5. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph.

6. Notwithstanding any other provisions of this Constitution, the Department of Community Development, in order to make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months.

SECTION IX.

INSURANCE REGULATION

Paragraph I. General Assembly to Enact Laws for People's Protection, Etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Director, Fiscal Division, Department of Administrative Services, of this State or such other officer as may be designated by law, to secure the people against loss by the operations of said companies.

Paragraph II. Reports By Insurance Companies. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people.

Paragraph III. Nonresident Insurance Companies. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders.

Paragraph IV. License by Comptroller General. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.

Paragraph V. Resident Insurance Companies; Guarantee Fund. All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.

SECTION X.

APPROPRIATIONS

Paragraph I. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.

Paragraph II. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded.

Paragraph III. Preparation, Submission and Enactments of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in regular session each year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, 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 next fiscal year.

(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following.

(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.

Paragraph IV. General Appropriations Bill. The General Appropriations Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.

Paragraph V. General Appropriations Act. (a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.

(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount to unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this section of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved.

(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse.

(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.

(e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I (a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, section IX, Paragraph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract.

Paragraph VI. Other or Supplementary Appropriations. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the 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 Appropriations Act shall have been finally adopted by both Houses and approved by the Governor.

Paragraph VII. Appropriations to be for Specific Sums. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which 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.

(b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes and amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.

Paragraph VIII. Appropriations Void, When. Any appropriation made in conflict with either of the foregoing provisions shall be void.

SECTION XI.

MILITIA

Paragraph I. Organization of Militia. A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist.

Paragraph II. Volunteers. The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same.

Paragraph III. Pay of Militia and Volunteers. The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State.

Paragraph IV. Discipline of the Militia. When not in Federal service the discipline of members of the Militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.

SECTION XII.

EMERGENCY POWERS

Paragraph I. Emergency Powers of the General Assembly. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:

(1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency; and

(2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.

Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia.

Return to top of Article III page

Go to Article IV

Return to Georgia Constitution of 1976 table of contents

Return to Georgia Constitution Web Page