Georgia CommonsConstitution of the State of Georgia
Article VII. TAXATION AND FINANCE · Article VII. TAXATION AND FINANCE · Section IV. STATE DEBT
Art. VII, Sec. IV, Para. X. Assumption of debts forbidden; exceptions.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
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.
The 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.
Other notes
- 1976 Constitution.
- Art. VII, Sec. III, Para. VI.
- Authority not violative of Constitution.
- 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). Costs and attorney’s fees for public
- defender.
- 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).
- 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). Transfer of leave time constitutes
- assumption of debt.
- 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.
- ALR.
- 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 ALR 906. What amounts to ‘‘indebtedness’’ to state within constitutional or statutory provision as to release or compromise of same, 108 ALR 376. Constitutionality of statutory provisions as to political corporations or divisions which shall bear cost of establishing or maintaining highway, 123 ALR 1462.
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 1253 to 1254; merge action: carried; file SHA-256 1b27199d8655.