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Georgia Official and Statistical Register 1983-84 - the Digital Library ...

Georgia Official and Statistical Register 1983-84 - the Digital Library ...

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ARTICLE X.AMENDMENTS TO THE CONSTITUTIONSECTION I.CONSTITUTION, HOW AMENDEDParagraph I. Proposals to amend <strong>the</strong> Constitution; newConstitution. Amendments to this Constitution or a new Constitution may be proposed by <strong>the</strong> General Assembly or by aconstitutional convention, as provided in this article. Onlyamendments which are of general <strong>and</strong> uniform applicabilitythroughout <strong>the</strong> state shall be proposed, passed, or submitted to<strong>the</strong> people.Paragraph II. Proposals by <strong>the</strong> General Assembly; submission to <strong>the</strong> people. A proposal by <strong>the</strong> General Assembly toamend this Constitution or to provide for a new Constitutionshall originate as a resolution in ei<strong>the</strong>r <strong>the</strong> Senate or <strong>the</strong> Houseof Representatives <strong>and</strong>, if approved by two-thirds of <strong>the</strong>members to which each house is entitled in a roll-call voteentered on <strong>the</strong>ir respective journals, shall be submitted to <strong>the</strong>electors of <strong>the</strong> entire state at <strong>the</strong> next general election which isheld in <strong>the</strong> even-numbered years. A summary of such proposalshall be prepared by <strong>the</strong> Attorney General, <strong>the</strong> LegislativeCounsel, <strong>and</strong> <strong>the</strong> Secretary of State <strong>and</strong> shall be published in<strong>the</strong> official organ of each county <strong>and</strong>, if deemed advisable by<strong>the</strong> "Constitutional Amendments Publication Board," in notmore than 20 o<strong>the</strong>r newspapers in <strong>the</strong> state designated by suchboard which meet <strong>the</strong> qualifications for being selected as <strong>the</strong>official organ of a county. Said board shall be composed of <strong>the</strong>Governor, <strong>the</strong> Lieutenant Governor, <strong>and</strong> <strong>the</strong> Speaker of <strong>the</strong>House of Representatives. Such summary shall be publishedonce each week for three consecutive weeks immediatelypreceding <strong>the</strong> day of <strong>the</strong> general election at which such proposalis to be submitted. The language to be used in submitting aproposed amendment or a new Constitution shall be in suchwords as <strong>the</strong> General Assembly may provide in <strong>the</strong> resolutionor, in <strong>the</strong> absence <strong>the</strong>reof, in such language as <strong>the</strong> Governormay prescribe. A copy of <strong>the</strong> entire proposed amendment or ofa new Constitution shall be filed in <strong>the</strong> office of <strong>the</strong>judge of <strong>the</strong>probate court of each county <strong>and</strong> shall be available for publicinspection; <strong>and</strong> <strong>the</strong> summary of <strong>the</strong> proposal shall so indicate.The General Assembly is hereby authorized to provide by lawfor additional matters relative to <strong>the</strong> publication <strong>and</strong> distribution of proposed amendments <strong>and</strong> summaries not in conflictwith <strong>the</strong> provisions of this Paragraph. If such proposal isratified by a majority of <strong>the</strong> electors qualified to vote formembers of <strong>the</strong> General Assembly voting <strong>the</strong>reon in suchgeneral election, such proposal shall become a part of thisConstitution or shall become a new Constitution, as <strong>the</strong> casemay be. Any proposal so approved shall take effect as providedin Paragraph VI of this article. When more than one amendment is submitted at <strong>the</strong> same time, <strong>the</strong>y shall be so submittedas to enable <strong>the</strong> electors to vote on each amendment separately,provided that one or more new articles or related changes inone or more articles may be submitted as a single amendment.Paragraph III. Repeal or amendment of proposal. Anyproposal by <strong>the</strong> General Assembly to amend this Constitutionor for a new Constitution may be amended or repealed by <strong>the</strong>same General Assembly which adopted such proposal by <strong>the</strong>affirmative vote of two-thirds of <strong>the</strong> members to which eachhouse is entitled in a roll-call vote entered on <strong>the</strong>ir respectivejournals, if such action is taken at least two months prior to <strong>the</strong>date of <strong>the</strong> election at which such proposal is to be submitted to<strong>the</strong> people.Paragraph IV. Constitutional convention; how called. Noconvention of <strong>the</strong> people shall be called by <strong>the</strong> General Assembly to amend this Constitution or to propose a new Constitution, unless by <strong>the</strong> concurrence of two-thirds of <strong>the</strong> members towhich each house of <strong>the</strong> General Assembly is entitled. Therepresentation in said convention shall be based on populationas near as practicable. A proposal by <strong>the</strong> convention to amendthis Constitution or for a new Constitution shall be advertised,submitted to, <strong>and</strong> ratified by <strong>the</strong> people in <strong>the</strong> same mannerprovided for advertisement, submission, <strong>and</strong> ratification ofproposals to amend <strong>the</strong> Constitution by <strong>the</strong> General Assembly.The General Assembly is hereby authorized to provide <strong>the</strong>procedure by which a convention is to be called <strong>and</strong> underwhich such convention shall operate <strong>and</strong> for o<strong>the</strong>r mattersrelative to such constitutional convention.Paragraph V. Veto not permitted. The Governor shall nothave <strong>the</strong> right to veto any proposal by <strong>the</strong> General Assembly orby a convention to amend this Constitution or to provide a newConstitution.Paragraph VI. Effective date of amendments or of a newConstitution. Unless <strong>the</strong> amendment or <strong>the</strong> new Constitutionitself or <strong>the</strong> resolution proposing <strong>the</strong> amendment or <strong>the</strong> newConstitution shall provide o<strong>the</strong>rwise, an amendment to thisConstitution or a new Constitution shall become effective on<strong>the</strong> first day of January following its ratification.ARTICLE XLMISCELLANEOUS PROVISIONSSECTION I.MISCELLANEOUS PROVISIONSParagraph I. Continuation of officers, boards, commissions, <strong>and</strong> authorities, (a) Except as o<strong>the</strong>rwise provided in thisConstitution, <strong>the</strong> officers of <strong>the</strong> state <strong>and</strong> all political subdivisions <strong>the</strong>reof in office on June 30, <strong>1983</strong>, shall continue in <strong>the</strong>exercise of <strong>the</strong>ir functions <strong>and</strong> duties, subject to <strong>the</strong> provisionsof laws applicable <strong>the</strong>reto <strong>and</strong> subject to <strong>the</strong> provisions of thisConstitution.(b) All boards, commissions, <strong>and</strong> authorities specificallynamed in <strong>the</strong> Constitution of 1976 which are not specificallynamed in this Constitution shall remain as statutory boards,commissions, <strong>and</strong> authorities; <strong>and</strong> all constitutional <strong>and</strong> statutory provisions relating <strong>the</strong>reto in force <strong>and</strong> effect on June 30,<strong>1983</strong>, shall remain in force <strong>and</strong> effect as statutory law unless <strong>and</strong>until changed by <strong>the</strong> General Assembly.Paragraph II. Preservation of existing laws; judicial review.All laws in force <strong>and</strong> effect on June 30,<strong>1983</strong>, not inconsistentwith this Constitution shall remain in force <strong>and</strong> effect; but suchlaws may be amended or repealed <strong>and</strong> shall be subject tojudicial decision as to <strong>the</strong>ir validity when passed <strong>and</strong> to anylimitations imposed by <strong>the</strong>ir own terms.Paragraph III. Proceedings of courts <strong>and</strong> administrativetribunals confirmed. All judgments, decrees, orders, <strong>and</strong> o<strong>the</strong>rproceedings of <strong>the</strong> several courts <strong>and</strong> administrative tribunalsof this state, heretofore made within <strong>the</strong> limits of <strong>the</strong>ir severaljurisdictions, are hereby ratified <strong>and</strong> affirmed, subject only toreversal or modification in <strong>the</strong> manner provided by law.Paragraph IV. Continuation of certain constitutional amendments for a period of four years, (a) The following amendments to <strong>the</strong> Constitutions of 1877, 1945, <strong>and</strong> 1976 shall continue in force <strong>and</strong> effect as part of this Constitution until J uly 1,1987, at which time said amendments shall be repealed <strong>and</strong>shall be deleted as a part of this Constitution unless any suchamendment shall be specifically continued in force <strong>and</strong> effectwithout amendment ei<strong>the</strong>r by a local law enacted prior to July1,1987, with or without a referendum as provided by law, or byan ordinance or resolution duly adopted prior to July 1,1987,by <strong>the</strong> local governing authority in <strong>the</strong> manner provided for <strong>the</strong>adoption of home rule amendments to its charter or localact: (1) amendments to <strong>the</strong> Constitution of 1877 <strong>and</strong> <strong>the</strong> Con-25

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