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Call Now: 904-383-7448The state shall not assume the debt, or any part thereof, of any county, municipality, or other political subdivision of the state, unless such debt be contracted to enable the state to repel invasion, suppress civil disorders or insurrection, or defend itself in time of war.
- Art. VII, Sec. III, Para. VI.
Ga. L. 1919, p. 242 (see now O.C.G.A. Art. 1, Ch. 2, T. 32), creating the Highway Commission (now Commissioner of Transportation), does not violate this paragraph. Faver v. Mayor of Washington, 159 Ga. 568, 126 S.E. 464 (1925) (see Ga. Const. 1983, Art. VII, Sec. IV, Para. X).
Ga. L. 1949, p. 1009 (see now O.C.G.A. Art. 5, Ch. 3, T. 20), forbids any attempt to obligate the state, pledge the state's faith or credit or donate anything belonging to the state; therefore, neither the article, lease contract executed thereunder, nor the revenue bonds issued pursuant thereto offend constitutional inhibitions against state debts, donations, or pledging the faith and credit of the state. Sheffield v. State Sch. Bldg. Auth., 208 Ga. 575, 68 S.E.2d 590 (1952).
- There is no merit in the contention that the bonds which may be issued under and pursuant to Ga. L. 1953, Jan.-Feb. Sess., p. 626 (see now O.C.G.A. Part 1, Art. 1, Ch. 10, T. 32), create an obligation against the state in violation of the provisions of the Constitution of this state, which declares that the state shall not assume the debt, nor any part thereof, of any county, municipal corporation, or political subdivision of the state, unless such debt is contracted to enable the state to repel invasion, suppress insurrection, or defend itself in time of war. McLucas v. State Bridge Bldg. Auth., 210 Ga. 1, 77 S.E.2d 531 (1953).
- Because appointment of counsel to represent a defendant in a death penalty case occurred before its effective date, the application of former O.C.G.A. § 17-12-127(b) regarding payment of costs and attorney's fees by the Georgia Public Defender Standards Council did not violate the prohibition on the state's assumption of prior debts as set forth in Ga. Const. 1983, Art. VII, Sec. IV, Para. X. Ga. Pub. Defender Stds. Council v. State, 285 Ga. 169, 675 S.E.2d 25 (2009).
Cited in Burns v. Decatur County, 178 Ga. 275, 173 S.E. 127 (1934); State Hwy. Dep't v. Richmond County, 179 Ga. 642, 177 S.E. 504 (1934); Madronah Sales Co. v. Wilburn, 180 Ga. 837, 181 S.E. 173 (1935); Stewart County v. Holloway, 69 Ga. App. 344, 25 S.E.2d 315 (1943); Jamerson v. Campbell, 217 Ga. 766, 125 S.E.2d 205 (1962).
Constitutionality of Art. 4, Ch. 3, T. 20. - Ga. L. 1958, p. 47 (see now O.C.G.A. Art. 4, Ch. 3, T. 20), did not violate any of Ga. Const. 1976, Art. III, Sec. I, Para. I, Ga. Const. 1976, Art. III, Sec. VIII, Para. XII (see Ga. Const. 1983, Art. III, Sec. I, Para. I, Ga. Const. 1983, Art. III, Sec. VI, Para. VI), or this paragraph. 1963-65 Op. Att'y Gen. p. 100.(see Ga. Const. 1983, Art. VII, Sec. IV, Para. X).
- No leave accrued by a county employee under a county personnel system can be transferred when the employee becomes a state employee since assumption of such leave by the state would be a gratuity prohibited by Ga. Const. 1983, Art. III, Sec. VI, Para. VI and would violate Ga. Const. 1983, Art. VII, Sec. IV, Para. X, which prohibits the assumption of any debt owed by the county. 1984 Op. Att'y Gen. No. 84-38.
- Scope and effect of express constitutional provisions prohibiting Legislature from imposing tax for county or corporate purposes, or providing that Legislature may invest power to levy such taxes in local authorities, 106 A.L.R. 906.
What amounts to "indebtedness" to state within constitutional or statutory provision as to release or compromise of same, 108 A.L.R. 376.
Constitutionality of statutory provisions as to political corporations or divisions which shall bear cost of establishing or maintaining highway, 123 A.L.R. 1462.