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Ga. Const. art. III, § V, ¶ VIII — Procedure for considering local legislation | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph VIII. Procedure for considering local legislation.

The General Assembly may provide by law for the procedure for considering local legislation. The title of every local bill and every resolution intended to have the effect of local law shall be read at least once before such bill or resolution shall be voted upon; and no such bill or resolution shall be voted upon prior to the second day following the day of introduction.

1976 Constitution.

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

Law reviews.

- For article, "Local Legislation in Georgia: The Notice Requirement," see 7 Ga. L. Rev. 22 (1972).

JUDICIAL DECISIONS

Constitutionality of procedures.

- Procedures for enactment of local legislation by the General Assembly do not violate the principle of "one person, one vote" in violation of the fourteenth amendment. DeJulio v. Georgia, 127 F. Supp. 2d 1274 (N.D. Ga. 2001).

Relation of caption to subject.

- This paragraph does not require that the caption must be as detailed as the Act. It is sufficient if the provision of the Act is germane to the subject thereof stated in the caption. Undercofler v. Hospital Auth., 221 Ga. 501, 145 S.E.2d 487 (1965) (see Ga. Const. 1983, Art. III, Sec. V, Para. VIII).

Operation of presumption of proper enactment.

- 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; and it is not permissible to show, by the legislative journals or other records, that it did not receive on its passage a majority vote of all the members elected to each house, or that there was any irregularity in its enactment. Capitol Distrib. Co. v. Redwine, 206 Ga. 477, 57 S.E.2d 578 (1950).

Introduction of legislative journal and photostatic copies of bill not permissible to impeach Act.

- Where a copy of an enrolled Act levying excise taxes on malt beer and wine and purporting to contain the signatures of the Speaker of the House, Clerk of the House, President of the Senate, Secretary of the Senate, and the Governor is set out and made a part of the amended petition, which seeks to show invalidity upon the contention that a portion of the title was composed and inserted by some method or agency in an irregular manner during the process of its passage, neither the legislative journals nor photostatic copies of the bill are permissible to impeach the Act, because of the conclusive presumption against any irregularity in its enactment. Capitol Distrib. Co. v. Redwine, 206 Ga. 477, 57 S.E.2d 578 (1950).