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[Thursday, June 14, 1945
restriction shall not operate to
prevent the support of schiaols
hv municipal corporations with
in their respective limits.
Section VI.
Paragraph I. Contracts for
use of public facilities, (a)
The State, state institutions, any
ritv town, municipality or coun
tv 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 facili
ties or services of the State,
state institutions, any city, town,
municipality, county, public
agency, public corporation or
authority, provided such con
tracts shall deal with such ac
tivities and transactions as such
subdivisions are by law au
thorized to undertake.
(b) Any city, town, munici
pality 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 fac
ilities 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 mort
gaged or pledged to secure ob
ligations of any such public ag
ency, public corporation or au
thority and provided such
facilities are to be maintain
ed and operated by such Pub
lic agency, public corporation
or authority for the same pur
poses 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 nublic
agency, public corporation or
authority.
(c) Any city, town, munici-1
pality or county of this State,
or any combination of the same,
may contract with any public
agency, public corporation or
authority for the care, mainte
nance and hospitalization of its
indigent sick, and may as a part
of such contract obligate itself
to pay for the cost of acquisi
tion, construction, moderniza
tion or repairs of necessary
buildings and facilities by such
public agency, public corpora
tion or authority, and provide
for the payment of such services
and the cost to such public
agency, public corporations or
authority of acquisition, con
struction, modernization or re
pair of buildings and facilities
from revenues realized by such
city, town, municipality or
county from any taxes author
ized by the Constitution of this
State or revenues derived from
any other sources.
Section VII.
Limitation on County and Mu- j
unicipal Debts.
Paragraph I. Debts of coun
lies and cities. The debt here
after incurred by any county,
municipal corporation or poli
tical division of this State ex
cept as in this Constitution pro
vided for, shall never exceed
seven per centum of the as
sessed value of all the taxable
properly therein, and no such
county, municipality or division
shall incur any new debt ex
cept for a temporary loan or
loans, to supply casual defici
encies of revenue, not to exceed
one-fifth of one per centum of
the assessed value of the tax
able properly therein, without
the assent of a majority of the
qualified voters of the county,
municipality or other political
subdivision vbting in an election
for that purpose to be held as
prescribed by law; and provided
further that all laws, charter
provisions and ordinances here
tofore passed or enacted provid
ing special registration ot the
voters of counties, municipal
corporations and other political
divisions of this State to pass
upon the issuance of bonds by
such counties, municipal cor
porations and other political di
visions are hereby declared to
be null and void; and the Gen
eral Assembly shall hereafter
have no power to pass or enact
an y law providing for such spe
cial registration, but the valid
ity of any and all bond issues
by such counties, municipal cor
porations or other political di
visions made prior to January
L 1945, shall not be affected
hereby; provided, that any
county or municipality of this
htato may accept and use funds
granted by the Federal Govern
nient, or any agency thereof, to
aid in financing the cost of
architectural, engineering, eco
nomic investigations, studies,
surveys, designs, plans, working
drawings, specifications, pro
cedures, and other action pre
liminary to the construction of
public works, and where the
funds ,80 used for the purposes
specified are to be repaid with
in a period of ten years.
Paragraph 11. Levy of faxes
fo pay bonds. Any county, mu-1
nicipal corporation or political
divmon of this State which
shall incur any bonded indebt
fii? ur -f^ er the provisions of
• .R» Constitution, shall at or fce
fore the time of so doing, pro
vide for the assessment and col
lection of an annual tax suffi
cient m amount to pay the
principal and interest of said
hebt, within thirty years from
the date of the incurring of said
indebtedness.
Paragraph 111, Additional
debt authorized when. In addi
tion to the debt authorized in
Paragraph I of this section, to
be created by any county, mu
nicipal corporation or political
subdivision of this Slate, a debt
may be incurred by any coun
ty, municipal corporation or
political subdivision of this
State, in excess of seven per
centum of the assessed value of
all the taxable property there
in, upon the following condi
tions; 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 is
suance 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 subdi
vision collectable annually, suf
ficient to pay in full the prin
cipal and interest of such addi
tional debt when as due; such
tax shall be in addition to and
separate from all other taxes
levied by such taxing authori
ties. and the collections from
I such tax shall be kept separate
and shall be held, used and ap
plied solely for the payment of
the principal and interest of
such additional indebtedness;
authority to create such addi
tional 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 vot
ers of such county municipal
ity or political subdivision at
an election held for such pur
pose, pursuant to and in ac
cordance with the provisions of
this Constitution and of the
then existing laws for the crea
tion of a debt by counties, mu
nicipal corporations, and poli
tical subdivisions of this State,
all of which provisions, includ
ing those for calling, advertis
ing, holding and determining
the result of. such election and
the votes necessary to author
ize the creation of an indebted
| ness, are hereby made applic
able to an election held for the
I purpose of authorizing such ad
ditional indebtedness.
Paragraph IV. Temporary
loans authorized; conditions. In
addition to the obligations,
herein before allowed, each
county, municipality and poli
tical subdivision of the State au
thorized to levy taxes, is given
the authority to make tempor
ary loans between January Ist
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, mu
nicipality or political subdivi
sion outstanding at any one
lime, shall not exceed seventy
five per centum of the total
gross income of such county,
municipality or political subdi
vision, 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 gov
erning body of such county, city
or political subdivision, at a
meeting legally hold, 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 anti
cipation obligations. Revenue
CONSTITUTIONAL AMENDMENTS
anticipation obligations may be
issued by any county, munici
pal, corporation or political sub- ;
• this State, to pro
i « lue xunds for the purchase ox!
corhdructfon, in whote or in
part, of any revenue-producing
facility which such county, mu
mcipal corporation or political
s . u nuivision is authorized by the
Act of the General Assembly
approved March 31, 1937,
known as “The Revenue Cer
tificate 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 I
generating and distribution sys-!
terns, together with all neces-1
sary appurtenances thereof, t
Such revenue anticipation ob
ligations shall be payable, as to I
principal and interest, only
from revenue produced by rev
enue-producing facilities of the
issuing political subdivision, 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 an
ticipation obligations issued to
provide funds for the purchase,
construction, extension, repair
or improvement of such facili
ties and undertakings as are
specifically authorized and enu-1
merated 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 distribu
tion systems, together with all
necessary appurtenances there
of; provided further any reve
nue certificates issued to buy,
construct, extend, operate arid
maintain gas or electric gen
erating 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 politi
cal subdivision affected, and
provided further that a ma
jority of the registered voters
of such county, municipal cor
poration or political subdivision
affected shall vote in said elec
tion, 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 election shall be called and
provided for by officers in
charge of the fiscal affairs of
said county, municipal corpora
tion or political subdivision af
fected; and no such issuing po
litical subdivision of the Stale
shall exercise the power of tax
ation for the purpose of paying
the principal or interest of any
such revenue anticipation obli
gations or any part thereof.
Provided that after a favor
able election has been held as
set forth above, if municipal
ities, counties or other political
subdivisions shall purchase,
construct, or operate such elec
tric or gas utility plants from
the proceeds of said revenue
certificates, and extend their
services beyond the limits of the
county in which the municipal
ity or political subdivision is lo
cated, then its services render
ed 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 bond
ed indebtedness of any county,
municipality or political subdi
vision of this State issued prior
to the adoption of this Consti
tution, including the authority
to approve or disapprove the
amount and terms of such re
funding bonds, together with
such other powers as to the
General Assembly may seem
proper, but not in conflict with
the provisions of the Constitu
tion. 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 Gen
eral Assembly may approve the
issuance of the said refunding
bonds under the conditions
stated. Such refunding bonds
shall not, together with all oth
er outstanding bonded indebt
edness exceed the limits fixed
by this Constitution for the
maximum amount of bonded
indebtedness which may be.is
sued by such county, munici
pality or political subdivision
and shall be otherwise govern
ed by all of the terms and pro
visions of this Constitution. No
bonds shall be issued under this
paragraph to refund any bonds
j issued after the adoption of this!
| Constitution.
Paragraph VII. Refunding
bonds to reduce bonded indebt
edness. The General Assembly!
is further authorized to give |
to the said Commission the j
power and authority to approve |
or disapprove the issuance of (
bonds to refund any outstanding
bonded indebtedness of anv
c °untv. municipality or political
subdivision, now or hereafter is
sued, for the purpose of reduc
ing the amount payable, prin
cipal or interest, on such bonded
indebtedness, and upon the
j condition that, the issuance of j
j such refunding bonds will re-!
j duce the amounts payable upon i
such outstanding bonds, prin
cipal or interest. Such refund
ing bonds shall replace such
outstanding bonded indebted
| ness. The said Commission shall
j have the authority to approve
i or disapprove the terms of any
such proposed refunding bonds.
The General Assembly may au
thorize the issuance of such re
funding bonds issued for the
said purpose, when approved by
the said Commission and au
thorized by the governing au
thority of such county, muni
cipality or subdivision, without
an election by the qualified |
voters as otherwise required, i
but in all other respects such
refunding bonds shall comply
with the provisions of this Con
stitution.
Section VIII.
Paragraph I. Sinking funds
for bonds. All amounts collected
from any source for the pur
pose of paying the principal and
interest of any bonded indebt
edness of any county, munici
pality 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 there
after 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 in
vested and reinvested by the
governing authorities of such
county, municipality or subdi
vision or by such other authori
ty as has been created to hold
and manage such sinking fund,
in the bonds of such county,
municipality or subdivision, arid
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 corpora
tions of the Federal Govern
ment 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 misde
meanor. and shall bo punished,
when convicted, as prescribed
by law for the punishment of
misdemeanors, until the Gen
eral Assembly shall make oth
er provisions for the violation
of the terms of this paragraph.
Seclion IX.
Appropriation Control.
Paragraph I. Preparation and
submission of General Appro
priation Bill. The Governor
shall submit to the General As
sembly within fifteen days after
its organization, a budget mes
sage accompanied bv a draft of
a General Appropriation Bill,
which shall provide for the ap
propriation of the funds neces
sary to operate all the various
departments and agencies, and
to meet the current expenses of
the State for the ensuing fiscal
year.
Paragraph 11. 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 Appro
priation Act in force and effect
on the date of the adoption of
this Constitution, of general ap
plication and pertaining to the
administration, limitation and
restriction on the payment of
appropriations and each section
providing for appropriation of
Fcdciiil Grants and other con
tinuing appropriations and ad
justments on appropriations
shall remain in force and effect
until specifically and separately
repealed by the General Assem
bly,
Paragraph 111. Other or sup
plementary appropriations. In
addition to the appropriations
made by the General Appro
priation Act and amendments
thereto, the General Assembly
may make additional appropria
tions by Acts, which shall be
known as supplementary appro-
PAGE SEVEN
| priation Acts, provided no such
| supplementary appropriation
| shall be available unless tbc.r« £
jan unappropriated surplus i»
jtrte State fteasurv or the reve
inue necessary to pay such ap
propriation shall have been pro
i vided by a tax laid for such
{ purpose and collected into the
j General Fund of the State
j Treasury. Neither House shall
pass a Supplementary Appro
priation 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 ap
propriation for each depart
ment, officer, bureau, board,
commission, agency or institu
tion for which an appropriation
is made, shall be for a specific
sum of money, and no appro
priation shall allocate to any
object, the proceeds of any par
ticular 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
ibe void.
Section X.
Paragraph I. Existing amend
ments continued of force.
| Amendments to the Constitu
tion of the State of Georgia of
11877 in effect at the date of the
■ratification by the voters of the
j State, of this Constitution,
shall continue of full force
and effect after the ratifica
tion of this Constitution,
where such amendments are of
merely local, and not, general
application, including the
amendments pertaining to tho
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 num- -
ber stated in such amendments,
and amendments applicable to
counties having a city wholly or
partly therein with a popula
tion in excess of, or not
than a number stated in such
amendment, and amendments
applicable to cities lying in two
counties, where such amend
ments 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 pro
posed 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; pro
viding for election by (he Board
of the County Superintendent
of Schools shall not be contin
ued of force.
ARTICLE VIII.
Education.
Section I.
Paragraph I. System of com
mon schools; free tuition, sep
aration of races. The provision
of an adcauate education for tho
citizens shall be a primary ob
ligation of the State of Georgia,
(he expense of which shall be
provided for’ by taxation. Sepa
t rate schools shall be provided
for the white and colored races.
Section 11.
Paragraph I. State Board of
Education; method of appoint
ment. There shall be a State
Board of Education, composed
of one member from each Con
■ gressional District in the State,
who shall be appointed by tho
Governor, by and with the ad
vice and consent of tho Senate.
The Governor shall not be a
member of the Slate Board of
Education. The first State
Board of Education under this
Constitution shall consist of
those in office at (he time this
Constitution is adopted, with
the terms provided by law.
Thereafter, all succeeding ap
pointments shall be for seven
year terms from the expiration
of the previous term. Vacan
cies upon said Board caused by
expiration of term of office
shall be similarly filled by ap
pointment and confirmation. In
case of a vacancy on said Board,
by death, resignation, or from
any other cause other than the
expiration of such member’s
term of office, the Board shall
by secret Ballot elect his suc
cessor. who shall hold office un
til the end of the next session of
the General Assembly, or if the
General Assembly be then in
session to the end of that session.
During such session of the Gen
eral Assembly the Governor
shall appoint the successor mem
ber of the Board for the unex
pired term and shall submit his
name to the Senate for confirm-
ation. All members of the Board
shall hold office until their suc
cessors are appointed and quali
fied. The members of the State
Board of Education shall bo citi
zens of this Slate who shall have
resided in Georgia continuously
for at least five years preceding
