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Article XI, Georgia Constitution

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Georgia Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXI
Article XI of the Georgia Constitution is entitled Miscellaneous Provisions It has nine sections.

Section 1: Miscellaneous Provisions

Paragraph I

Text of Paragraph I:

Continuation of Officers, Boards, Commissions, and Authorities

(a) Except as otherwise provided in this Constitution, the officers of the state and all political subdivisions thereof in office on June 30, 1983, shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution.

(b) All boards, commissions, and authorities specifically named in the Constitution of 1976 which are not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities; and all constitutional and statutory provisions relating thereto in force and effect on June 30, 1983, shall remain in force and effect as statutory law unless and until changed by the General Assembly.[1]

Paragraph II

Text of Paragraph II:

Preservation of Existing Laws; Judicial Review

All laws in force and effect on June 30, 1983, not inconsistent with this Constitution shall remain in force and effect; but such laws may be amended or repealed and shall be subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms.[1]

Paragraph III

Text of Paragraph III:

Proceedings of Courts and Administrative Tribunals Confirmed

All judgments, decrees, orders, and other proceedings of the several courts and administrative tribunals of this state, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal or modification in the manner provided by law.[1]

Paragraph IV

Text of Paragraph IV:

Continuation of Certain Constitutional Amendments for a Period of Four Years

(a) The following amendments to the Constitutions of 1877, 1945, and 1976 shall continue in force and effect as part of this Constitution until July 1, 1987, at which time said amendments shall be repealed and shall be deleted as a part of this Constitution unless any such amendment shall be specifically continued in force and effect without amendment either by a local law enacted prior to July 1, 1987, with or without a referendum as provided by law, or by an ordinance or resolution duly adopted prior to July 1, 1987, by the local governing authority in the manner provided for the adoption of home rule amendments to its charter or local act:

(1) amendments to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 which are in force and effect on the effective date of this Constitution;

(2) amendments to the Constitution of 1976 which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions which are in force and effect on the effective date of this Constitution;

(3) amendments to the Constitution of 1976 which were ratified not as general amendments which are in force and effect on the effective date of this Constitution; and

(4) amendments to the Constitution of 1976 of the type provided for in the immediately preceding two subparagraphs (2) and (3) of this Paragraph which were ratified at the same time this Constitution was ratified.

(b) Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended. The repeal of any such amendment shall be accomplished by local Act of the General Assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in each of the particular political subdivisions affected by the amendment.

(c) All laws enacted pursuant to those amendments to the Constitution which are not continued in force and effect pursuant to subparagraph (a) of this Paragraph shall be repealed on July 1, 1987. All laws validly enacted on, before, or after July 1, 1987, and pursuant to the specific authorization of an amendment continued in force and effect pursuant to the provisions of subparagraph (a) of this Paragraph shall be legal, valid, and constitutional under this Constitution. Nothing in this subparagraph (c) shall be construed to revive any law not in force and effect on June 30, 1987.

(d) Notwithstanding the provisions of subparagraphs (a) and (b), the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this Constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created or authorized the creation of metropolitan rapid transit authorities, port authorities, and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 and which are in force on the effective date of this Constitution.

(e) Any person owning property in an industrial area described in subparagraph (d) of this Paragraph may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will, shall no longer be in the industrial area and may be annexed by an adjacent city shall upon the filing of the certificate be annexed to the city which provides water service to the property, or if no city provides water service shall be annexed to the city providing fire service as provided under the constitutional amendments that created such industrial areas described in subparagraph (d) of this Paragraph. The filing of a certificate will shall be irrevocable and will shall bind the owners, their heirs, and their assigns. The term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property."[1]

Amendments

Paragraph V

Text of Paragraph V:

Special Commission Created

Amendments to the Constitution of 1976 which were determined to be general and which were submitted to and ratified by the people of the entire state at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to incorporate properly such amendments into this Constitution and shall complete its duties prior to July 1, 1983. The commission shall deliver to the Secretary of State this Constitution with those amendments incorporated therein, and such document shall be the Constitution of the State of Georgia. In order that the commission may perform its duties, this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties.[1]

Paragraph VI

Text of Paragraph VI:

Effective Date

Except as provided in Paragraph V of this section, this Constitution shall become effective on July 1, 1983; and, except as otherwise provided in this Constitution, all previous Constitutions and all amendments thereto shall thereupon stand repealed.[1]

See also

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