---
title: Ga. Const. Art. III, Sec. VI, Para. VI. Gratuities.
collection: code
id: ga-const:art-iii-sec-vi-para-vi
cite_as: Ga. Const. Art. III, Sec. VI, Para. VI
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---

# Ga. Const. Art. III, Sec. VI, Para. VI. Gratuities.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

(a) Except as otherwise provided in the Constitution, (1) the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public, and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.

(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent with the authority granted to the General Assembly by such provisions of said Constitution.

(c) The General Assembly may provide by law and may expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.

(d) The General Assembly may provide by law for indemnification with respect to licensed emergency management rescue specialists who are or have been killed or permanently disabled in the line of duty on or after January 1, 1991, and publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.

(e)(1) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both.

(2) The General Assembly may provide by law for a program of compensation for injuries incurred by law enforcement officers and firemen in the line of duty. A law enforcement officer who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence and a fireman who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive monthly compensation from the state in an amount equal to any such person’s regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided in this subparagraph shall not be granted for more than a total of 12 months for injuries resulting from a single incident. A law enforcement officer or fireman shall be required to submit to a state agency satisfactory evidence of such disability. Benefits made available under this subparagraph shall be subordinate to workers’ compensation benefits, disability and other compensation benefits from an employer which the law enforcement officer or fireman is awarded and shall be limited to the difference between the amount of workers’ compensation benefits, disability and other compensation benefits actually paid and the amount of the law enforcement officer’s or fireman’s regular compensation. Any law enforcement officer or fireman who receives indemnification under subparagraph (1) of this subparagraph (e) shall not be entitled to any compensation under this subparagraph.

(f) The General Assembly is authorized to provide by law for compensating innocent victims of crimes which occur on and after July 1, 1989. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose.

(g) The General Assembly may provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund.

(g) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both. (Ga. Const. 1983, Art. 3, § 6, Para. 6; Ga. L. 1986, p. 1622, § 1/HR 69; Ga. L. 1986, p. 1623, § 1/HR 125; Ga. L. 1986, p. 1627, § 1/HR 644; Ga. L. 1988, p. 2096, § 1/SR 274; Ga. L. 1990, p. 2432, § 1/HR 588; Ga. L. 2000, p. 1999, § 1/SR 204; Ga. L. 2000, p. 2001, § 1/HR 971; Ga. L. 2000, p. 2007, § 1/SR 519.)

## Cross References

Reward for first oil well in state, § 12-4-20. Compensation for crime victims, § 17-14-30 et seq. Indemnification for death of publicly employed emergency services personnel and prison guards, § 45-9-80 et seq. Temporary disability compensation for officers or firefighters injured in the line of duty, § 45-9-101 et seq. Donations of books and printed materials to nonprofit organizations, § 45-13-83 et seq. Payment by Department of Industry and Trade of expenses of industrial prospects, § 50-7-15.

## Editor's Notes

The constitutional amendment (Ga. L. 1986, p. 1623, § 1) which added subparagraph (c), regarding health insurance plans for retired employees of public school systems and their spouses and children, was approved by a majority of the qualified voters voting at the general election on November 4, 1986.

The constitutional amendment (Ga. L. 1986, p. 1622, § 1) which added subparagraph (c), regarding indemnification of publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987, was approved by a majority of the qualified voters voting at the general election held on November 4, 1986.

The constitutional amendment (Ga. L. 1986, p. 1627, § 1) which added subparagraph (c), regarding indemnification of law enforcement officers, firemen, prison guards, or publicly employed emergency medical technicians ‘‘who are or at any time in the past were killed or permanently disabled in the line of duty’’ was approved by a majority of the qualified voters voting at the general election held on November 4, 1986.

The constitutional amendment (Ga. L. 1988, p. 2096, § 1) which added subparagraph (f), authorizing the General Assembly to provide by law for compensating innocent victims of crime, and authorizing the General Assembly to allocate funds, to appropriate funds, and to provide for a continuing fund and which redesignated the former subparagraphs (c) added by Ga. L. 1986, p. 1622, § 1 and Ga. L. 1986, p. 1627, § 1 as subparagraphs (d) and (e), respectively, was approved by a majority of the qualified voters voting at the general election held on November 8, 1988.

The constitutional amendment (Ga. L. 1990, p. 2432, § 1) which inserted in subparagraph (d) ‘‘licensed emergency management rescue specialists who are or have been killed or permanently disabled in the line of duty on or after January 1, 1991, and’’ following ‘‘indemnification with respect to’’ was approved by a majority of the qualified voters voting at the general election held on November 6, 1990.

The constitutional amendment (Ga. L. 2000, p. 1999, § 1), which redesignated the existing provisions of subparagraph (e) as subparagraph (e)(1) and added subparagraph (e)(2), was approved by a majority of the qualified voters voting at the general election held November 7, 2000.

The constitutional amendment (Ga. L. 2000, p. 2001, § 1), which added the first subparagraph (g), so as to provide that the General Assembly may provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund, was approved by a majority of the qualified voters voting at the general election held November 7, 2000.

The constitutional amendment (Ga. L. 2000, p. 2007, § 1), which added the second subparagraph (g), so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty, was approved by a majority of the qualified voters voting at the general election held November 7, 2000.

In light of the similarity of the provisions, decisions under former Ga. Const. 1976, Art. III, Sec. VIII, Para. VII and antecedent provisions, relating to restrictions on the power of the General Assembly to relieve principals or securities upon forfeited recognizances from payment thereof, are included in the annotations for this paragraph. fund to surety amount paid on crimi-

## Law Reviews

For article discussing sovereign immunity and the State Court of Claims, see 14 Ga. St. B.J. 152 (1978). For article, ‘‘Public Rights in Georgia’s Tidelands,’’ see 9 Ga. L. Rev. 79 (1974). For article, ‘‘Workers’ Compensation in Georgia Municipal Law,’’ see 15 Ga. L. Rev. 57 (1980). For annual survey of constitutional law, see 40 Mercer L. Rev. 117 (1988).

For note discussing restrictions on the creation of public purpose corporations, see 8 Ga. L. Rev. 680 (1974).

For comment on Sams v. Olah, 225 Ga. 497, 169 S.E.2d 790 (1969) as to the constitutionality of the State Bar Act (Art. 2, Ch. 19, T. 5), see 21 Mercer L. Rev. 355 (1969).

## 1976 Constitution.

Art. III, Sec. VIII, Paras. VII, XII.

## Systems for Municipal Employees.

Bender v. Anglin, 207 Ga. 108, 60 S.E.2d 756, cert. denied, 340 U.S. 878, 71 S. Ct. 125, 95 L. Ed. 638 (1950) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

State may be liable as joint

## Tort-feasor.

Nothing in the Georgia Tort Claims Act contradicts the holding that the state can be liable as a joint tort-feasor, and such holding does not violate the provisions of Ga. Const. 1983, Art. III, Sec. VI, Para. VI. DOT v. Brown, 218 Ga. App. 178, 460 S.E.2d 812 (1995), aff’d, 267 Ga. 6, 471 S.E.2d 849 (1996). pensation.’’ — The words ‘‘pension’’ and ‘‘compensation’’ are not synonymous. The former is ordinarily a gratuity or bounty from the government in recognition of but not in payment for past services. Dewitt v. Richmond County, 192 Ga. 770, 16 S.E.2d 579 (1941).

Word ‘‘gratuity’’ as used in this paragraph is employed in its natural and ordinary meaning. McCook v. Long, 193 Ga. 299, 18 S.E.2d 488 (1942) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

No ‘‘gratuity’’ involved where county recovers substantial benefits in return for use of county property. Smith v. Board of Comm’rs of Rds. & Revenues, 244 Ga. 133, 259 S.E.2d 74 (1979).

Consideration paid for services not

## Definitions of ‘‘pension’’ and ‘‘comgratuity.

Consideration provided by a contract to be paid by the state for services to be performed under the terms of the contract is not a gratuity. Harrison Co. v. Code Revision Comm’n, 244 Ga. 325, 260 S.E.2d 30 (1979).

No ‘‘gratuity’’ where consideration

## Provided.

Because the University of Georgia Athletic Association provides ample consideration and services for the funds that it receives, the transfer of student athletic fees collected by the university to the association is not a ‘‘gratuity’’ within the meaning of Ga. Const. 1983, Art. III, Sec. VI, Para. VI. Haggard v. Board of Regents, 257 Ga. 524, 360 S.E.2d 566 (1987).

Agrant of property by a municipality for use by an organization as rescue missions did not constitute an impermissible gratuity in violation of Ga. Const. 1983, Art. III, Sec. VI, Para. VI. Swanberg v. City of Tybee Island, 271 Ga. 23, 518 S.E.2d 114 (1999).

County not authorized to donate merce, freight bureau, or convention and tourist bureau. Atlanta Chamber of Commerce v. McRae, 174 Ga. 590, 163 S.E. 701 (1931).

Cited in Morris v. Tatum, 178 Ga. 728, 174 S.E. 340 (1934); West v. Trotzier, 185 Ga. 794, 196 S.E. 902 (1938); Garr v. E.W. Banks Co., 206 Ga. 831, 59 S.E.2d 400 (1950); Cole v. Foster, 207 Ga. 416, 61 S.E.2d 814 (1950); Ford Motor Co. v. Abercrombie, 207 Ga. 464, 62 S.E.2d 209 (1950); Barge v. Camp, 209 Ga. 38, 70 S.E.2d 360 (1952); City of Atlanta v. Anglin, 209 Ga. 170, 71 S.E.2d 419 (1952); State v. State Toll Bridge Auth., 210 Ga. 690, 82 S.E.2d 626 (1954); McKelvey v. Logan, 220 Ga. 197, 137 S.E.2d 651 (1964); Trice v. Wilson, 113 Ga. App. 715, 149 S.E.2d 530 (1966); Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); DOT v. Hardin, 231 Ga. 359, 201 S.E.2d 441 (1973); Richmond County v. Pierce, 234 Ga. 274, 215 S.E.2d 665 (1975); Wilson v. Strange, 235 Ga. 156, 219 S.E.2d 88 (1975); Rich v. State, 237 Ga. 291, 227 S.E.2d 761 (1976); DOT v. Doss, 238 Ga. 480, 233 S.E.2d 144 (1977); Savage v. City of Atlanta, 242 Ga. 671, 251 S.E.2d 268 (1978); Kellett v. DOT, 174 Ga. App. 214, 329 S.E.2d 514 (1985); City of Lithia Springs v. Turley, 241 Ga. App. 472, 526 S.E.2d 364 (1999); Bauerband v. Jackson County, 278 Ga. 222, 598 S.E.2d 444 (2004).

Specific Cases

Paragraph violated where public street vacated for benefit of private individual. Marietta Chair Co. v. Henderson, 121 Ga. 399, 49 S.E. 312 (1904) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

Resolution to refund to sureties on bond of defaulting treasurer any sum graph. Smith v. Fuller, 135 Ga. 271, 69 S.E. 177 (1910) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

Resolution relieving bondsmen of liability, and directing county to pay sureties the amounts paid by them, is invalid. Geer Specific Cases (Cont’d) v. Dancer, 164 Ga. 9, 137 S.E. 558 (1927) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI). fund to surety amount paid on crimi-

## Public Funds to Chamber of Comwhich They Paid Violated This para-Resolution Instructing City to Renal Bond Forfeiture Unconstitutional.

McCook v. Long, 193 Ga. 299, 18 S.E.2d 488 (1942).

After the payment of a final judgment on a bond forfeiture and the delivery of that money to the county authorities, who maintain the courts, no resolution or Act of the legislature may legally direct a refund of such payment. Washburn v. MacNeill, 205 Ga. 772, 55 S.E.2d 135 (1949).

For decision holding that such a resolution is not unconstitutional, see Stewart v. Davis, 175 Ga. 545, 165 S.E. 598 (1932).

Paragraph not violated by grant of right of way to railroad. Georgia v. Trustees of Cincinnati S. Ry., 248 U.S. 26, 39 S. Ct. 14, 63 L. Ed. 104 (1918) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI). ties to pay registration clerk in tax collector’s office a certain salary does not violate this paragraph. Mayor of Savannah v. Guerard, 158 Ga. 205, 122 S.E. 691 (1924) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

Workers’ Compensation Act does

## Act Requiring Municipal Authorinot Violate This Paragraph.

The Workers’ Compensation Act (Ga. L. 1920, p. 167; see O.C.G.A. Ch. 9, T. 34), providing in part that ‘‘employers’’ shall include any municipal corporation within the state and any political division thereof, does not violate this paragraph. City of Macon v. Benson, 175 Ga. 502, 166 S.E. 26 (1932) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

Act (Ga. L. 1943, p. 401) amending the Workers’ Compensation Act, so far as it provides for compensation for past accidents of employees who had been employed in a state department that has previously operated under the Workers’ Compensation Act is not unconstitutional under this paragraph as being a grant of a ‘‘donation’’ or ‘‘gratuity.’’ State Hwy. Dep’t v. Bass, 197 Ga. 356, 29 S.E.2d 161 (1944) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

State Bridge Building Authority Act does not violate this paragraph (Ga. L. 1953, p. 626, now repealed). McLucas v. State Bridge Bldg. Auth., 210 Ga. 1, 77 S.E.2d 531 (1953) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI).

State School Building Authority Act


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