Validity of statute affecting or changing remedy only.

- Statute which changes or affects remedy only and does not destroy or impair vested rights is not unconstitutional as impairing obligation of contract, although it may be retroactive and although, in changing or modifying the remedy, the rights of the parties may be incidentally affected. Morris v. Interstate Bond Co., 180 Ga. 689, 180 S.E. 819 (1935).

Validity of statute eliminating disability payments.

- Former Code 1933, § 78-911 (see O.C.G.A. § 47-17-81), which eliminated, under certain conditions, payment for permanent or total disability, did not violate constitutional provisions providing that no ex post facto law, retroactive law, or law impairing the obligation of contracts shall be passed, because in passing former Code 1933, § 78-917 (see O.C.G.A. § 47-17-101) the legislature specifically provided that all rights and benefits conferred would be subject to future legislative change or revision, and that no beneficiary would be deemed to have any vested right to any annuities or benefits provided therein. Prichard v. Board of Comm'rs of Peace Officers Annuity & Benefit Fund, 211 Ga. 57, 84 S.E.2d 26 (1954).

Validity of zoning ordinance.

- Because plaintiff, while proceeding to zone property was pending, filed application to authorize building of filling station, and ordinance was later adopted zoning plaintiff's property for residential purposes, such ordinance was not in violation of the federal and state Constitutions as an ex post facto or retroactive law. Gay v. Mayor of Lyons, 212 Ga. 438, 93 S.E.2d 352 (1956).

Statute is retroactive if it creates a new obligation on transactions or considerations already past, or destroys or impairs vested rights.

- A statute does not operate retrospectively because it relates to antecedent facts, but if it is intended to affect transactions which occurred or rights which accrued before it became operative and ascribes to them essentially different effects, in view of the law at the time of their occurrence, it is retroactive in character. Todd v. Morgan, 215 Ga. 220, 109 S.E.2d 803 (1959); Adams v. Adams, 219 Ga. 633, 135 S.E.2d 428 (1964).

Validity of statute destroying vested right to property.

- Former Code 1933, § 67-1308 (see O.C.G.A. § 44-14-80), providing that title to real property conveyed to secure debt should revert to grantor when debt became 20 years past due, unless debt was extended or renewed and such renewal recorded, or an affidavit setting out the facts of renewal was recorded with the conveyance, which section imposed conditions upon grantee not in existence at time of execution of the contract, divested the grantee of a vested right to the property, and impaired the obligation of the contract as applied to such deed, which was executed prior to passage and effective date of the Act, is unconstitutional, because in violation of U.S. Const., art. I, sec. X, cl. 1 and of Ga. Const. 1945, Art. I, Sec. III, Para. II, (see Ga. Const. 1983, Art. I, Sec. I, Para. X), which prohibited this state from passing any retroactive law or any law impairing the obligations of contracts. Todd v. Morgan, 215 Ga. 220, 109 S.E.2d 803 (1959).

Validity of statute requiring occupation tax payment pending license application.

- It is competent for the legislature to enact that a person entering upon business or occupation upon which a tax provided in ordinance has been imposed, by the terms thereof, should pay the amount of the tax named for the year, or for any period of time within the year, during which the person should choose to apply for a license. Pharr Rd. Inv. Co. v. City of Atlanta, 224 Ga. 752, 164 S.E.2d 803 (1968).

Passing on validity of constitutional amendment not affecting petitioner's rights.

- In habeas corpus proceeding based on alleged invalidity of constitutional amendment placing power of granting pardons and paroles in Board of Pardons and Paroles rather than Governor, court would not pass on constitutionality of amendment, since even if it were unconstitutional the prior provision would be in effect, and petitioner would not be entitled to discharge. Court will not pass on constitutionality of law when it is challenged by party whose rights are not affected by it. Whittle v. Jones, 198 Ga. 538, 32 S.E.2d 94 (1944), appeal dismissed, 324 U.S. 829, 65 S. Ct. 915, 89 L. Ed. 1396 (1945).

Avoidance of construction rendering amendment void as ex post facto law.

- Because a constitutional amendment placing power to grant pardons in Board of Pardons and Paroles instead of Governor was silent as to whether it applied to persons previously convicted, amendment would not be given retroactive operation as to those persons if such construction would render amendment void as an ex post facto law. Whittle v. Jones, 198 Ga. 538, 32 S.E.2d 94 (1944), appeal dismissed, 324 U.S. 829, 65 S. Ct. 915, 89 L. Ed. 1396 (1945).

As a general rule, any law is ex post facto which is enacted after offense was committed, and which, in relation to offense or its consequences, alters the situation of the accused to the accused's disadvantage. A statute, however, cannot be an ex post facto law if it is apparent that legislature in enacting the statute did not make criminal an act which was innocent when done; did not aggravate an offense or change the punishment and make it greater than when it was committed; did not alter the rules of evidence and require less or different evidence than the law required at time of commission of offense; and did not deprive the accused of any substantial right or immunity that the accused possessed at the time of commission of the offense. Todd v. State, 228 Ga. 746, 187 S.E.2d 831, answer conformed to, 125 Ga. App. 841, 189 S.E.2d 696 (1972).

Delayed effective date of statute.

- The application of 21 U.S.C. § 862 to deny defendant federal benefits did not violate the Constitution's ex post facto clause; although the statute applied only to persons convicted of conspiracy after September 1, 1989, it was enacted on November 18, 1988, during the course of the conspiracy, and thus defendant had adequate notice of the penalty. United States v. Bush, 28 F.3d 1084 (11th Cir. 1994).

Validity of statute removing prior right.

- Although it is the rule that no one has a vested right in a mere mode of procedure, so that a statute merely regulating procedure and leaving untouched all substantial protections with which existing law surrounds the person accused of crime is not within the constitutional prohibition against ex post facto laws, yet a statute is void and ineffective as related to previous offenses if it takes from the accused a substantial right given to the accused by law in force at the time to which guilt relates, and such statute cannot be sustained simply because, in a general sense, it may be said to regulate procedure. Todd v. State, 228 Ga. 746, 187 S.E.2d 831, answer conformed to, 125 Ga. App. 841, 189 S.E.2d 696 (1972).

Validity of statute altering procedural conduct of criminal trials.

- Because the changes effected by enactment of a law constitute merely an alteration in conditions deemed necessary for the orderly and just conduct of criminal trials, they do not deprive defendant of any substantial personal right within meaning of constitutional prohibitions of ex post facto laws. Todd v. State, 228 Ga. 746, 187 S.E.2d 831, answer conformed to, 125 Ga. App. 841, 189 S.E.2d 696 (1972).

To invoke protection of ex post facto clause, appellant must show harm by showing trial court's decision would have been different had it been rendered before the decision in question. Alexander v. State, 139 Ga. App. 338, 228 S.E.2d 364 (1976).

Ex post facto law is one that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action; or that aggravates a crime, or makes it greater than it was when committed. United States v. Brown, 555 F.2d 407 (5th Cir. 1977), cert. denied, 435 U.S. 904, 98 S. Ct. 1448, 55 L. Ed. 2d 494 (1978).

Restriction on judicial, as well as legislative, powers.

- The ex post facto clause is a limitation upon the powers of the legislature; but the principle on which the clause is based - the notion that persons have a right to fair warning of that conduct which will give rise to criminal penalties - is fundamental to our concept of constitutional liberty. As such, that right is protected against judicial action by the due process clause. An unforeseeable judicial enlargement of a criminal statute, applied retroactively, operates precisely like an ex post facto law which U.S. Const., art. I, sec. X, cl. 1 forbids. United States v. Brown, 555 F.2d 407 (5th Cir. 1977), cert. denied, 435 U.S. 904, 98 S. Ct. 1448, 55 L. Ed. 2d 494 (1978).

Validity of laws not affecting legal protections of accused.

- The prescribing of different modes of procedure and the abolition of courts and creation of new ones, leaving untouched all the substantial protections with which the existing law surrounds the person accused of crime, are not considered within the constitutional prohibition against ex post facto laws. McSears v. State, 247 Ga. 48, 273 S.E.2d 847 (1981).

After commission of offense, a reduction in size of jury is prohibited as an ex post facto law. McSears v. State, 247 Ga. 48, 273 S.E.2d 847 (1981).

Effect of amending statute to reduce number of peremptory jury challenges.

- The application to a criminal defendant of the statutory amendment reducing the number of the defendant's peremptory strikes did not violate the constitutional prohibition against ex post facto laws. Stargel v. State, 210 Ga. App. 619, 436 S.E.2d 786 (1993).

Effect of amending statute to reduce number of impaneled jurors.

- Application of the 1992 amendment to O.C.G.A. § 15-12-160 requiring the court to have 30, rather than 42, impaneled jurors from which the defense and prosecution may strike jurors did not violate the constitutional prohibition against ex post facto laws. Shuler v. State, 213 Ga. App. 790, 446 S.E.2d 225 (1994).

An increase in child support did not violate the ex post facto clause as applied to a defendant originally convicted of abandonment of the defendant's children and whose sentence was suspended upon condition that he pay a certain amount of child support per month, since the child support obligation was a pre-existing duty under state law and was neither a part of the sentence nor a punishment. Hudson v. Deyton, 770 F.2d 1558 (11th Cir. 1985).

Rules of the State Board of Pardons and Paroles are "laws" within the meaning of the ex post facto clause. Akins v. Snow, 922 F.2d 1558 (11th Cir.), aff'd, 987 F.2d 775 (11th Cir. 1993), cert. denied, 501 U.S. 1260, 111 S. Ct. 2915, 115 L. Ed. 2d 1079 (1991), aff'd, 987 F.2d 775 (11th Cir. 1993).

Elimination of an annual parole reconsideration hearing violated the ex post facto clause because the amendment of rules that had required an annual hearing to provide instead for a hearing at least every eight years substantially disadvantaged a prisoner's parole eligibility. Akins v. Snow, 922 F.2d 1558 (11th Cir.), aff'd, 987 F.2d 775 (11th Cir. 1993), cert. denied, 501 U.S. 1260, 111 S. Ct. 2915, 115 L. Ed. 2d 1079 (1991), aff'd, 987 F.2d 775 (11th Cir. 1993).

Retroactive change in the method for calculating the tentative parole month of certain crime severity level offenders under the parole decision guidelines did not violate the ex post facto clause because the change did not produce a sufficient risk of increasing the measure of punishment attached to the covered crimes. Jones v. Georgia State Bd. of Pardons & Paroles, 59 F.3d 1145 (11th Cir. 1995).

The retroactive application of amendments to the Georgia regulations governing parole consideration, Ga. Comp. R. & Regs. r. 475-3-.05.(2) (1986), violated the ex post facto clause of the United States Constitution. Jones v. Garner, 164 F.3d 589 (11th Cir. 1999).

The retroactive application of amendments to the Georgia regulations changing the frequency of parole reviews, Ga. Comp. R. & Regs. r. 475-3-.05.(2) (1986), does not violate the ex post facto clause of the United States Constitution. Garner v. Jones, 529 U.S. 244, 120 S. Ct. 1362, 146 L. Ed. 2d 236 (2000).

Analysis of claims that amendments to Georgia regulations eliminating annual parole reconsideration hearings violates the ex post facto clause when applied to inmates who had been entitled to more frequent parole reconsideration at the time they committed their crimes must be made on a case-by-case basis. Harris v. Hammonds, 217 F.3d 1346 (11th Cir. 2000).

Enhanced sentencing statute for DUI.

- Defendant who committed a DUI offense on November 11, 1990, was improperly subjected to the enhanced sentencing provisions contained in O.C.G.A. § 40-6-391(c)(3)(A), which did not become effective until January 1, 1991. Holtapp v. City of Fayetteville, 208 Ga. App. 606, 431 S.E.2d 403 (1993).

Election of application of ex post facto law.

- Application of the life-without-parole statute to defendant did not violate ex post facto prohibitions where the defendant expressly elected the application, and the statute did not establish a greater penalty or alter the situation to the defendant's disadvantage. Brantley v. State, 268 Ga. 151, 486 S.E.2d 169 (1997), cert. denied, 522 U.S. 985, 118 S. Ct. 449, 139 L. Ed. 2d 384 (1997).

Requirement to renew registration as sex offender not ex post facto.

- Defendant's conviction for violating O.C.G.A. § 42-1-12(e)(3) as a result of failing to renew the defendant's registration as a sex offender was upheld on appeal as the requirement to register as a sexual offender under § 42-1-12(e)(3) resulted in a new crime under § 42-1-12(n) and was not an ex post facto law. Frazier v. State, 284 Ga. 638, 668 S.E.2d 646 (2008).

Validity of statute affecting or changing remedy only.

- Statute that changes or affects a remedy only and does not destroy or impair vested rights is not unconstitutional as impairing obligation of contract, although it may be retroactive and although, in changing or modifying the remedy, the rights of the parties may be incidentally affected. Morris v. Interstate Bond Co., 180 Ga. 689, 180 S.E. 819 (1935).

Contract between the state and an individual is protected by this constitutional prohibition. Morris v. Interstate Bond Co., 180 Ga. 689, 180 S.E. 819 (1935).

Lien once acquired under existing law is regarded as a vested property right which may not be impaired by subsequent legislation. Morris v. Interstate Bond Co., 180 Ga. 689, 180 S.E. 819 (1935).

Validity of statute affecting prior tax lien.

- Former Code 1933, § 92-5712 (see O.C.G.A. § 48-5-25), providing that any party having an interest in property returned or assessed with other property for taxation shall be allowed to pay the taxes assessed against any one or more pieces of property in which he is so interested and obtain a release as to such property, is unconstitutional as applied to the lien of a tax execution previously transferred according to law and with the transfer duly recorded, because it would impair the obligation of a contract in violation of the state and federal Constitutions. Morris v. Interstate Bond Co., 180 Ga. 689, 180 S.E. 819 (1935).

Validity of statute affecting remedy expressly made part of contract.

- Remedies existing by law at time of execution of contract may be modified by the legislature without impairing the obligation, provided an efficient remedy is left for its enforcement; the rule is different, however, as to a remedy that the parties have expressly made a part of the contract, because in such case the remedy is integrated as a part of the obligation, and a subsequent statute which affects the remedy impairs the obligation and is unconstitutional. Atlantic Loan Co. v. Peterson, 181 Ga. 266, 182 S.E. 15 (1935).

Validity of statute affecting remedy existing as implicit part of contract.

- Remedy subsisting in a state when and where a contract is made and is to be performed is a part of its obligation, and any subsequent law of the state which so affects that remedy as substantially to impair and lessen the value of the contract is forbidden by the Constitution, and is, therefore, void. Atlantic Loan Co. v. Peterson, 181 Ga. 266, 182 S.E. 15 (1935).

Obligation of a contract, in constitutional sense, is the means provided by law by which it can be enforced, by which the parties can be obliged to perform it, and whatever legislation lessens the efficacy of these means impairs the obligation. Atlantic Loan Co. v. Peterson, 181 Ga. 266, 182 S.E. 15 (1935).

Validity of statutes affecting rights conferred by prior security deed.

- Because a security deed executed in 1930 provided that in case of default in payment of debt the grantee might sell the property at the courthouse in a named county different from that in which the property was located, after first advertising the sale for a stated period in a newspaper published in the county in which the sale should be conducted, former Code 1933, § 67-1506 (see O.C.G.A. § 44-14-162), could not be constitutionally applied to such preexisting contract so as to require, in terms of the statute, that the sale should be advertised and conducted at the time and place and in the usual manner of sheriff's sales in the county in which the property, or a part thereof, was located. The same is true of former Code 1933, §§ 67-1503 through 67-1505 (see O.C.G.A. § 44-14-161), relating to confirmation of sale, which abridges the right to a deficiency judgment after a sale under the security deed. As to the rights conferred by the prior security deed, Code 1933, §§ 67-1503 through 67-1506, is invalid. Atlantic Loan Co. v. Peterson, 181 Ga. 266, 182 S.E. 15 (1935).

Ordinance prohibiting the owning, maintaining, and operating of pinball machines and the like was not violative of the provisions of the federal and state Constitutions prohibiting the passage of laws impairing the obligation of contracts. Woodward v. City of Lithonia, 191 Ga. 234, 11 S.E.2d 476 (1940).

Contractual nature of relation between electors and state upon approval and validation of school bonds.

- The approval of school bonds by the electors and their validation according to statute created a status analogous to a contractual relation between such electors and the state, which relation could not be destroyed or impaired by a subsequent statute or constitutional provision. Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946).

Claim that state statute impairs obligation of contract is an appeal to the United States Constitution and cannot be foreclosed by a state court's determination whether there was a contract or what were its obligations. Atlantic Coast Line R.R. v. Phillips, 332 U.S. 168, 67 S. Ct. 1584, 91 L. Ed. 1977 (1947).

Contractual nature of franchise granted by city to public service corporation.

- It is generally recognized that a franchise granted by a city council to a public service corporation to use its streets and public places, if the city has the charter power to grant such a franchise, is a binding contract and cannot be impaired in view of the prohibition against impairment of the obligation of contracts contained in the United States Constitution. City of Summerville v. Georgia Power Co., 205 Ga. 843, 55 S.E.2d 540 (1949).

Contract clause protects a vested ground of defense from being destroyed by an Act of the legislature. Guest v. Stone, 206 Ga. 239, 56 S.E.2d 247 (1949).

Former Code 1933, § 3-108 (see O.C.G.A. § 9-2-20), permitting beneficiary under contract between other parties to recover, could be given no retroactive effect, as to do so would violate the provisions of the United States and state Constitutions as to impairing the obligations of contracts, by creating a right for one to recover under an existing contract where he previously had no such right and subjecting a party to an existing contract to liability to a third person who previously had no right under the contract. Guest v. Stone, 206 Ga. 239, 56 S.E.2d 247 (1949).

Validity of statute eliminating ability payments.

- Former Code 1933, § 78-911 (see O.C.G.A. § 47-17-81), which eliminated, under certain conditions, payment for permanent or total disability, did not violate constitutional provisions providing that no ex post facto law, retroactive law, or law impairing the obligation of contracts shall be passed, because in passing former Code 1933, § 78-917 (see O.C.G.A. § 47-17-101) the legislature specifically provided that all rights and benefits conferred would be subject to future legislative change or revision, and that no beneficiary would be deemed to have any vested right to any annuities or benefits provided therein. Prichard v. Board of Comm'rs of Peace Officers Annuity & Benefit Fund, 211 Ga. 57, 84 S.E.2d 26 (1954).

Pension is not a gratuity, but a contract based upon a consideration and gives pensioner a vested right which under U.S. Const., art. I, sec. X, cl. 1 cannot be impaired. Such contract cannot be modified, repealed, or defeated by subsequent Acts of the General Assembly after its creation. Burks v. Board of Trustees of Firemen's Pension Fund, 214 Ga. 251, 104 S.E.2d 225 (1958).

Validity of statute destroying vested right to property.

- Former Code 1933, § 67-1308 (see O.C.G.A. § 44-14-80), providing that title to real property conveyed to secure debt should revert to grantor when debt became 20 years past due, unless debt was extended or renewed and such renewal recorded, or an affidavit setting out the facts of renewal was recorded with the conveyance, which section imposed conditions upon grantee not in existence at time of execution of the contract, divested the grantee of a vested right to the property, and impaired the obligation of the contract as applied to such deed, which was executed prior to passage and effective date of the Act, is unconstitutional, because in violation of U.S. Const., art. I, sec. X, cl. 1 and of Ga. Const. 1945, Art. I, Sec. III, Para. II, (see Ga. Const. 1983, Art. I, Sec. I, Para. X), which prohibited this state from passing any retroactive law or any law impairing the obligations of contracts. Todd v. Morgan, 215 Ga. 220, 109 S.E.2d 803 (1959).

Validity of statute empowering courts to revise alimony and support judgments.

- Former Code 1933, § 30-220 (see O.C.G.A. §§ 19-6-18 and19-6-19), conferring jurisdiction and power on courts of this state to revise judgments fixing permanent alimony or support for minor children, does not offend those constitutional provisions of this state and of the United States which provide that no law impairing the obligation of contracts shall be enacted, and this is true even though the amount of alimony or support so awarded by the judgment, as well as the time during which it is to be paid, is agreed to in writing by the parties. Nelson v. Roberts, 216 Ga. 741, 119 S.E.2d 545 (1961).

Validity of chapter governing pensions to retired judges of probate courts.

- The obligation of the board to pay monthly benefits to retired ordinaries (now judges of probate courts) under former Code 1933, Ch. 24-17A (see O.C.G.A. Ch. 11, T. 47) existed only so long as there existed funds to pay these benefits. When these funds were exhausted, the obligation of the board administering the chapter ended, and thus the chapter is not unconstitutional as violative of the contractual obligation clauses of the federal and state Constitutions. Sanders v. Harper, 220 Ga. 649, 141 S.E.2d 156 (1965).

U.S. Const., Art. I, Sec. X is restricted to the protection of vested rights; it does not render inviolate mere contingent or speculative interests. Webb v. Whitley, 114 Ga. App. 153, 150 S.E.2d 261 (1966).

Decision to award a limited liability company fee simple title in real property did not violate the contract impairment clauses in U.S. Const., Art. I, Sec. X and Ga. Const. 1983, Art. I, Sec. I, Para. X as a corporation's rights to the property pursuant to a 1984 tax deed had not vested prior to the effective date of a 1989 amendment of O.C.G.A. § 48-4-48, which operated retrospectively. BX Corp. v. Hickory Hill 1185, LLC, 285 Ga. 5, 673 S.E.2d 205 (2009).

U.S. Const., art. I, sec. X's prohibition of any state law impairing the obligation of contracts is not a limitation on the power of eminent domain.

- The obligation of a contract is not impaired when it is appropriated to a public use and compensation made therefor. Such an exertion of power is a taking, and not an impairment of a contractual obligation. City of Atlanta v. Airways Parking Co., 225 Ga. 173, 167 S.E.2d 145 (1969).

Condemnation of portion of rights of condemnee under its contract with city does not violate the provision of U.S. Const., art. I, sec. X, cl. 1 prohibiting the passage of a law impairing the obligation of contracts. City of Atlanta v. Airways Parking Co., 225 Ga. 173, 167 S.E.2d 145 (1969).

U.S. Const., art. I, sec. X, cl. 1 does not forbid the equitable modification of a contract. Selby v. Gilmer, 240 Ga. 241, 240 S.E.2d 80 (1977).

Impairment of contracts by state for public welfare.

- Constitutional restraints upon impairment of obligation of contracts do not prevent state from exercising such powers as are necessary in the exercise of its sovereign right to protect the lives, health, morals, comfort, and general welfare of the public, though contracts previously entered into between individuals may thereby be affected. Moore v. Georgia Pub. Serv. Comm'n, 242 Ga. 182, 249 S.E.2d 549 (1978).

Act of General Assembly revoking city charter, thus abolishing municipal offices, is not a law in impairment of contract since the right of an incumbent to an office is not vested, but may be revoked if the law under which the incumbent holds office is capable of being repealed. City of Mt. View v. Clayton County, 242 Ga. 163, 249 S.E.2d 541 (1978), appeal dismissed, 440 U.S. 902, 99 S. Ct. 1205, 59 L. Ed. 2d 450 (1979).

Contract clause does not prohibit state from repealing or amending statutes generally or from enacting legislation with retroactive effects. Appling County v. Municipal Elec. Auth., 621 F.2d 1301 (5th Cir.), cert. denied, 449 U.S. 1015, 101 S. Ct. 574, 66 L. Ed. 2d 474 (1980).

With respect to grants of political or governmental authority to cities, towns, counties, and the like, legislative power of states is not restrained by the contract clause. Appling County v. Municipal Elec. Auth., 621 F.2d 1301 (5th Cir.), cert. denied, 449 U.S. 1015, 101 S. Ct. 574, 66 L. Ed. 2d 474 (1980).

Preliminary question under contract clause analysis is whether the legislative action impaired or changed a specific contractual obligation. City of Atlanta v. Metropolitan Atlanta Rapid Transit Auth., 636 F.2d 1084 (5th Cir. 1981).

Constitutional provision is not applicable to individual conduct by persons acting under color of state law. Stone Mt. Game Ranch, Inc. v. Hunt, 570 F. Supp. 238 (N.D. Ga. 1983), aff'd, 746 F.2d 761 (11th Cir. 1984).

Municipality cannot claim statutory immunity to bar employee from recovering pay.

- To bar a municipal employee from recovering pay for services the employee performed by allowing the municipality to claim statutory immunity would violate the prohibition against the impairment of a contract which is found in both the state and federal constitutions. Smith v. City of Atlanta, 167 Ga. App. 458, 306 S.E.2d 720 (1983).

Reduction in future nonvested retirement benefits.

- Since there is no vested right to benefits one was never entitled to receive, the reduction in future benefits to retiree did not violate the retiree's constitutional right to protection against impairment of contract. Tate v. Teachers' Retirement Sys., 257 Ga. 365, 359 S.E.2d 649 (1987).

Retrospective application of judicial construction of insurance contracts.

- The interpretation of O.C.G.A. § 33-34-5 by Jones v. State Farm Mut. Auto. Ins. Co., 156 Ga. App. 230, 274 S.E.2d 623 (1980) was based on the insurer's failure to comply with specific requirements of the law and was not an unconstitutional impairment of the insurance contract. State Farm Mut. Auto. Ins. Co. v. Bates, 542 F. Supp. 807 (N.D. Ga. 1982).

Franchise tax on gas sales.

- Franchise granted in 1940 by town ordinance to gas company allowing for the sale and distribution of gas services to town inhabitants was not granted in perpetuity; thus, 1980 town ordinance providing for a three percent franchise tax on gas sales impaired no contractual rights granted to the assignor of the gas company's franchise, and trial court did not err in refusing to declare the 1980 ordinance unconstitutional as an impairment of contract. Gas Light Co. v. Town of Bibb City, 253 Ga. 498, 322 S.E.2d 250 (1984).

Subjecting retirement benefits of retired school teachers to state income taxation did not violate the constitutional prohibition against state laws impairing the obligation of contracts, where the teachers had no vested right to an irrevocable exemption, such irrevocable exemption being barred under Ga. Const. 1983, Art. VII, § I, Para. I. Parrish v. Employees' Retirement Sys., 260 Ga. 613, 398 S.E.2d 353 (1990), cert. denied, 500 U.S. 353, 111 S. Ct. 2016, 114 L. Ed. 2d 103 (1991).

Non-discriminatory ad valorem tax constitutional.

- A non-discriminatory ad valorem tax does not violate this section's "import-export" clause, where the imported goods are "no longer in transit". Los Angeles Tile Co. v. Chatham County Bd. of Tax Assessors, 209 Ga. App. 245, 433 S.E.2d 82 (1993).

Nondiscriminatory ad valorem property taxes do not interfere with the free flow of imported goods among the states. Michelin Tire Corp. v. Wages, 423 U.S. 276, 96 S. Ct. 535, 46 L. Ed. 2d 495 (1976).

Imports subject to uniform taxes imposed for services supplied by state.

- The import-export clause clearly prohibits state taxation based on foreign origin of imported goods, but it cannot be read to accord imported goods preferential treatment that permits escape from uniform taxes imposed without regard to foreign origin for services which the state supplies. Michelin Tire Corp. v. Wages, 423 U.S. 276, 96 S. Ct. 535, 46 L. Ed. 2d 495 (1976).

Taxable status of packaged and bulk imports.

- There is a vast distinction between goods shipped in packaging, such as crates or cartons, and goods shipped in bulk. Packaged imports retain their status as imports, and are not subject to taxation. Bulk imports that have been mingled with other bulk imports, sorted, and arranged for sale do not retain their status as imports, and they are subject to taxation. Wages v. Michelin Tire Corp., 233 Ga. 712, 214 S.E.2d 349 (1975), aff'd, 423 U.S. 276, 96 S. Ct. 535, 46 L. Ed. 2d 495 (1976).

Validated bonds create a status analogous to a contractual relation which cannot be destroyed or impaired by a subsequent statute.

- 1977 Op. Att'y Gen. No. U77-10.

Reciprocal child support enforcement statute not violation of treaty provisions.

- So long as a reciprocal child support enforcement statute does not require more than a routine review of foreign laws, does not directly affect United States foreign policy and does not have a potential for the disruption of foreign policy or embarrassment to the United States government, it does not violate the treaty provisions of the United States Constitution. 1981 Op. Att'y Gen. No. 81-12.

Prohibiting involuntary separation benefits to state employees.

- An amendment to the Georgia Constitution prohibiting the grant of involuntary separation retirement benefits to state employees who are by law currently entitled to coverage under the involuntary separation benefits section of the Employees' Retirement System Act would, in all probability, be unconstitutional under the federal Impairment Clause contained in U.S. Const., art. I, sec. X. 1983 Op. Att'y Gen. No. U83-72.

Retrospective application of provision terminating retirement benefits for conviction of crime.

- The General Assembly has the authority to enact a statute which proposes the forfeiture of earned retirement benefits of future public employees due to the conviction of a crime; however, an amendment to the Georgia Constitution proposing such a forfeiture by employees who are currently by law vested with rights under the public retirement system would, in all probability, be unconstitutional under the federal Impairment Clause contained in U.S. Const., art. I, sec. X. 1985 Op. Att'y Gen. No. U85-3.

ALR.

- Relation of treaty to state and federal law, 4 A.L.R. 1377; 134 A.L.R. 882.

Franchise provisions for free or reduced rates by public service corporations as contract protected from change under contract clause of federal Constitution, 10 A.L.R. 499.

What money is legal tender, 31 A.L.R. 246.

Effect of war on treaty rights, 47 A.L.R. 457.

Constitutional or statutory changes affecting grand jury or substituting information for indictment as an ex post facto law, 53 A.L.R. 716.

Effect of statutory change of penalty or punishment after conviction, 55 A.L.R. 443.

Constitutionality of retroactive statute curing defect in private instrument purporting to convey title or create interest in property or as to filing or recording thereof, 57 A.L.R. 1197.

Construction of statutes of limitation as regards their retrospective application to causes of action already barred, 67 A.L.R. 297.

Constitutionality, construction, and applicability of statute making refusal to pay for commodities a criminal offense, 76 A.L.R. 1338.

Retroactive effect of statutes regarding provisions with reference to avoidance of fire insurance policies, 78 A.L.R. 617.

Imposition of wharfage or dockage fees, by state or municipality, as tonnage duty, 80 A.L.R. 388.

Constitutional provision against impairing obligation of contract as applicable to statutes affecting rights or remedies of holders or owners of improvement bonds or liens, 85 A.L.R. 244; 97 A.L.R. 911.

Blue Sky Laws, 87 A.L.R. 42.

Statutes in relation to interest as obnoxious to constitutional provision against impairing obligation of contracts, 87 A.L.R. 462.

Power to require filing of schedule of prices as a condition of license for a business or profession, 87 A.L.R. 519.

Raising maximum limit of permissible municipal indebtedness as impairing obligation of existing municipal contracts, 90 A.L.R. 859.

Debtor's exemption statutes as impairing obligations of existing contracts, 93 A.L.R. 177.

Contracts for payment in gold or silver or in gold or silver coin ("gold coin" clauses), 95 A.L.R. 1383; 101 A.L.R. 1318; 114 A.L.R. 820.

Constitutionality of statute changing rights of withdrawing members of building and loan association, 98 A.L.R. 82; 133 A.L.R. 1493.

Validity of statute or ordinance regulating barbers, 98 A.L.R. 1088.

Constitutional provision against impairing obligation of contracts as applied to rights or remedies of owners of property subject to assessment for local improvements, 100 A.L.R. 164.

Constitutionality, construction, and application of statute permitting release of part of property subject to tax liens or special assessments, 100 A.L.R. 418.

Statute affecting mortgagee's rights and remedies in respect of deficiency as unconstitutional impairment of obligation of contract, 108 A.L.R. 891; 115 A.L.R. 435; 130 A.L.R. 1482; 133 A.L.R. 1473.

Tax exemption as unconstitutionally impairing public obligations antedating the exemption, 109 A.L.R. 817.

Constitutional prohibition of ex post facto laws as applicable to statutes relating to joinder of offenses or defendants, 110 A.L.R. 1308.

Constitutionality of crop insurance statutes, 113 A.L.R. 739.

Constitutional provisions against impairment of obligations of contract as applied to sinking funds for retirement of municipal or other public bonds, 115 A.L.R. 220.

Validity and effect, as to previously recorded instrument, of statute which places or changes time limit on effectiveness of record of mortgages or other instruments, 133 A.L.R. 1325.

Constitutionality, construction, and application of compacts and statutes involving cooperation between states, 134 A.L.R. 1411.

Constitutionality of statute which in effect limits judgment creditor after crediting thereon fair market value of property purchased by him at execution sale, 144 A.L.R. 858.

Validity and construction of war legislation in nature of moratory statute, 144 A.L.R. 1508.

Constitutionality and construction of repeal or modification by legislative action of teachers' tenure statute, as regards retrospective operation, 147 A.L.R. 293.

Retroactive application, to previous sales, of statutes reducing period of redemption from tax sales, as unconstitutional impairment of contract obligations, 147 A.L.R. 1123.

Price ceiling, adopted as a war measure, as affecting preexisting contracts, 147 A.L.R. 1286; 149 A.L.R. 1451; 151 A.L.R. 1450.

Retrospective statute subjecting interests of trust beneficiaries to claims of creditors, 151 A.L.R. 1417.

Rights of parties to contract the performance of which is interfered with or prevented by war conditions or acts of government in prosecution of war, 151 A.L.R. 1447; 152 A.L.R. 1447; 153 A.L.R. 1417; 154 A.L.R. 1445; 155 A.L.R. 1447; 156 A.L.R. 1446; 157 A.L.R. 1446; 158 A.L.R. 1446.

Constitutionality, construction, and application of statute or contract regarding deduction from, or adjustment of, wages in respect of defective workmanship, 153 A.L.R. 866.

Constitutionality, construction, and application of statutes affecting the rights or remedies of purchasers under antecedent executory contracts for purchase of real property, 153 A.L.R. 1209.

Retroactive application of statutes regarding enforcement of awards under workmen's compensation acts, 155 A.L.R. 558.

Statute providing for apportionment between lessor and lessee of a tax imposed upon the producer of oil, gas, or other natural production as violation of the constitutional provision against impairment of the obligation of contracts, 160 A.L.R. 980.

Retrospective operation of criminal negligence statute, 14 A.L.R.2d 726.

Validity of statute establishing or authorizing minimum price schedules for barbers, 54 A.L.R.3d 916.

Validity, construction, and effect of state franchising statute, 67 A.L.R.3d 1299.

Validity and construction of state or local regulation prohibiting off-premises advertising structures, 81 A.L.R.3d 486.

Validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway, 81 A.L.R.3d 564.

Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.

Zoning: building in course of construction as establishing valid nonconforming use or vested right to complete construction for intended use, 89 A.L.R.3d 1051.

Prohibition, under state civil rights laws, of racial discrimination in rental of privately owned residential property, 96 A.L.R.3d 497.

Construction and application of U.S. Const. Art. I, § 10, cl. 1, and state constitutional provisions proscribing state bills of attainder, 63 A.L.R. 6th 1.