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Ga. Const. art. III, § V, ¶ II — Bills for revenue | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph II. Bills for revenue.

All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.

1976 Constitution.

- Art. III, Sec. VII, Para. VIII.

Cross references.

- Recording votes on appropriations bills, Ga. Const. 1983, Art. III, Sec. V, Para. VI.

Originating resolutions relating to a claim against the state, § 28-5-80.

JUDICIAL DECISIONS

Originating entity for enrolled Acts.

- The enrolled Act (Ga. L. 1987, p. 1133) which increased the marriage license fee was not unconstitutional despite the originating entity. A duly enrolled Act, properly authenticated by the regular presiding officers of both houses of the General Assembly, approved by the Governor, and deposited with the Secretary of State as an existing law, will be conclusively presumed to have been enacted in accordance with constitutional requirements. Collins v. Woodham, 257 Ga. 643, 362 S.E.2d 61 (1987).

Delegation of powers.

- Delegation of the power to tax, and the laying of a tax, are two things. The constitutional provision requiring revenue bills to originate in the House applies to an Act which lays a tax, and does not apply to an Act which merely delegates the power to tax. Harper v. Commonwealth of the Town of Elberton, 23 Ga. 566 (1857).

Cited in Grizzard v. State Revenue Comm'n, 177 Ga. 845, 171 S.E. 765 (1933); Prater v. Larabee Flour Mills Co., 180 Ga. 581, 180 S.E. 235 (1935); Irons v. Harrison, 185 Ga. 244, 194 S.E. 749 (1937); Shadrick v. Bledsoe, 186 Ga. 345, 198 S.E. 535 (1938); McLucas v. State Bridge Bldg. Auth., 210 Ga. 1, 77 S.E.2d 531 (1953); State v. State Toll Bridge Auth., 210 Ga. 690, 82 S.E.2d 626 (1954); Schaffer v. Oxford, 102 Ga. App. 710, 117 S.E.2d 637 (1960).

OPINIONS OF THE ATTORNEY GENERAL

All legislation affecting revenue, either its increase or decrease, must originate in the House of Representatives to be constitutional. 1957 Op. Att'y Gen. p. 156.

Phrase "or appropriating money" refers to funds made available to various departments and agencies for payment of state expenses. 1952-53 Op. Att'y Gen. p. 4.

Bill for spending money for particular project must originate in House of Representatives, if its purpose is to make available funds to finance the project. 1952-53 Op. Att'y Gen. p. 4.

Bill providing pension plan for judges and solicitors of city courts is not required to originate in House of Representatives, as such a bill is not "appropriating money" in the sense of the Constitution. 1952-53 Op. Att'y Gen. p. 4.

RESEARCH REFERENCES

C.J.S.

- 82 C.J.S., Statutes, § 14.

ALR.

- Application of constitutional requirement that bills for raising revenue originate in lower house, 4 A.L.R.2d 973.