(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the state. Paragraph I. The seat of a member of either house shall be vacant upon the removal of such member's legal residence from the district from which elected. Box 83720Boise, ID 83720-0038P: 208-332-1000 | F: 208-334-2491 (c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day until the day of election is changed by law. (d) The General Assembly shall not have the power to regulate or fix charges of public utilities owned or operated by any county or municipality of this state, except as authorized by this Constitution. (c) The . Paragraph I. (b) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected. Section 3: Officers of the General Assembly Paragraph I Text of Paragraph I: President and President Pro Tempore of the Senate (a) The presiding officer of the Senate shall be styled the President of the Senate. (c) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph may affect persons who are members of public retirement or pension systems on January 1, 1985, and who became members at any time prior to that date. (d) As provided by law, additional penalties may be assessed in any case in which any court in this state imposes a fine or orders the forfeiture of any bond in the nature of the penalty for all offenses against the criminal and traffic laws of this state or of the political subdivisions of this state. Paragraph V. Other or supplementary appropriations. (2) To provide additional or revise existing limitations or restrictions on the right to qualify for a retirement benefit based on involuntary separation from employment. (a) Each general appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire, except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants. Article II, Section 1, Clauses 2 and 3 More in The Constitution Article II Section 1 The executive Power shall be vested in a President of the United States of America. If the General Assembly had known that each amendment would pass, it is reasonable to assume that different subparagraph designations would have been used. (d) Funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions, notwithstanding the provisions of Article I, Section II, Paragraph VII. 124 ANALYTICAL INDEX OF THE GATT Paragraph 2 A tax conforming to the requirements of the first sentence of paragraph 2 would be considered to be inconsistent with the provisions of the second sentence only in cases where competition was involved between, on the one hand, the taxed product and, on the This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. Advertisement of notice to introduce local legislation. CHAPTER 3: VALIDITY - SECTION 2: GROUNDS FOR AVOIDANCE ARTICLE 3.2.1 (DEFINITION OF MISTAKE) Mistake is an erroneous assumption relating to facts or to law existing when the contract was concluded. James Iredell, North Carolina Ratifying Convention, Archibald Maclaine, North Carolina Ratifying Convention, Joseph Story, Commentaries on the Constitution 3: 1696--1702, 1748--57, 1762--63, 1767--68. Each Senator and Representative, before taking the seat to which elected, shall take the oath or affirmation prescribed by law. Paragraph XI. ..R7Ct|niCXk;; GC!w?jo^K\0^z/b#$hOzR (e) No public retirement or pension system created on or after January 1, 1985, shall grant any person whose retirement is based on involuntary separation from employment a retirement or pension benefit more favorable than the retirement or pension benefit granted to a person whose separation from employment is voluntary. Any hospital, hospital authority, county, or municipality is authorized to contribute or transfer moneys to the fund and any other person or entity specified by the General Assembly may also contribute to the fund. (c) All appropriated state funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such general appropriations Act shall lapse. Open meetings. 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. EDITORIAL NOTE: In the 1998 general election, two different amendments -- 3 and 4 -- were approved that specifically provided for a new subparagraph k to Art. (h) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. To the extent that federal funds received by the state for any program, project, activity, purpose, or expenditure are changed by federal authority or exceed the amount or amounts appropriated in the general appropriations Act or supplementary appropriation Act or Acts, or are not anticipated, such excess, changed or unanticipated federal funds are hereby continually appropriated for the purposes authorized and directed by the federal government in making the grant. General appropriations Act. Procedure for considering local legislation. (c) The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in session on the date of transmission. Paragraph X. No person shall be convicted without concurrence of two-thirds of the members to which the Senate is entitled. President and President Pro Tempore of the Senate. No money shall be drawn from the treasury except by appropriation made by law. Statutes and sections of Code, how amended. No law enacted by the General Assembly shall be construed to limit its powers. (c) A trust fund for use in the reimbursement of a portion of an employer's workers' compensation expenses resulting to an employee from the combination of a previous disability with subsequent injury incurred in employment may be provided for by law. Paragraph X. Paragraph II. The General Assembly shall be authorized to provide by law for any matters relating to the purpose or provisions of this subparagraph. The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. shall make. Section 2. The original journals shall be the sole, official records of the proceedings of each house and shall be preserved as provided by law. No person shall be deprived of life, liberty, or property except by due process of law. Apportionment of General Assembly. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. No bill or resolution intended to have the effect of law which shall have been rejected by either house shall again be proposed during the same regular or special session under the same or any other title without the consent of two-thirds of the house by which the same was rejected. Article IV, Section 2 likewise provided for the return of persons charged with a crime in one state who fled to another state, with only minor changes from the version in the Articles. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives. 2. (a) Any public retirement or pension system provided for by law in existence prior to January 1, 1985, may be changed by the General Assembly for any one or more of the following purposes: (1) To redefine involuntary separation from employment; or. (5) The participation by the state with any county, municipality, nonprofit organization, or any combination thereof in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Paragraph VII. Expenditure of public funds authorized. Trial of impeachments. stream If the person cannot afford the services of counsel, he must be provided with one. (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. Paragraph III. Paragraph VII. (l) The General Assembly is authorized to provide by general law for the creation of a roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way; for allocation and dedication of revenue from tree and other vegetation trimming or removal permit fees, other related assessments, and special and distinctive wildflower motor vehicle license plate fees to such fund; that moneys paid into the fund shall not lapse, the provisions of Article III, Section IX, Paragraph IV(c) notwithstanding; and for any matters relating to the purpose or provisions of this subparagraph. General appropriations bill. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 60 days of the date of such adjournment. Paragraph IV. In cases of impeachment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this state or to receive a pension therefrom, but no such judgment shall relieve any party from any criminal or civil liability. LEGISLATIVE BRANCH 1. Moneys received from returns on loans or investments shall be deposited in the Seed-Capital Fund for further disbursement. have original Jurisdiction. (b) Neither house shall adjourn during a regular session for more than three days or meet in any place other than the state capitol without the consent of the other. <> Increasing benefits authorized. (c) The General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, or encouraging a monopoly, which are hereby declared to be unlawful and void. [Italicized language added by constitutional amendment approved Nov. 3, 1998 and effective Jan. 1, 1999.]. (e) 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. <> <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S>> The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution. One subject matter expressed. Paragraph VII. The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110., Codification Division, Office of Legal Affairs, United Nations, Chapter VI Pacific Settlement of Disputes, Chapter VII Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression, Chapter IX International Economic and Social Co-operation, Chapter X The Economic and Social Council, Chapter XI Declaration regarding Non-Self-Governing Territories, Chapter XII International Trusteeship System, Chapter XIV The International Court of Justice, Chapter XVII Transitional Security Arrangements, Chapter XIX Ratification and Signature, Repertory of Practice (19451954), volume 1. Paragraph III. Neither house shall pass a supplementary appropriation bill until the general appropriations Act shall have been finally adopted by both houses and approved by the Governor. Issuance of licenses. Paragraph II. ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY. The General Assembly shall not abridge its powers under this Constitution. (b) No population bill, as the General Assembly shall define by general law, shall be passed. It made homosexual acts between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse.All in all, around 140,000 men were convicted under the law. (b) No person holding any civil appointment or office having any emolument annexed thereto under the United States, this state, or any other state shall have a seat in either house. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the fiscal year together with an amount not greater than the total treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the budget report and amendments thereto. Powers not to be abridged. Meeting, time limit, and adjournment. Paragraph VII. 2. (5) Before the introduction of the XML-based drafting tool EdIT in 2021, indents could be used as a first level in lists. Rejected bills. (2) A militia and for the trial by courts-martial and nonjudicial punishment of its members, the discipline of whom, when not in federal service, shall be in accordance with law and the directives of the Governor acting as commander in chief. This text of the US Constitution follows the engrossed copy signed by Gen. Washington and the deputies from 12 . This regulatory authority of the state is specifically delegated to the counties and municipalities of the state for the purpose of regulating, restricting, or prohibiting the exhibition of nudity, partial nudity, or depictions of nudity in connection with the sale or consumption of alcoholic beverages; and such delegated regulatory authority may be exercised by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. No bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal the general law defining a population bill. endobj Section 3 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. The Senate shall be composed of one senator elected from each senatorial district. Paragraph I. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives. Number of counties limited; county boundaries and county sites; county consolidation. Paragraph III. (b) The General Assembly by law may define or redefine part-time service, including but not limited to service as a member of the General Assembly, for the purposes of any public retirement or pension system presently existing or created in the future and may limit or restrict the use of such part-time service as creditable service under any such retirement or pension system. (b) A Speaker Pro Tempore shall be elected by the House of Representatives from among its members. (b) During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. Section 12. Life, liberty, and property. (f) The General Assembly is authorized to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for child abuse and neglect prevention programs. Notwithstanding the provisions of Article I, Section I, Paragraphs I, II, and III or Article III, Section VI, Paragraph V(c) of this Constitution, the General Assembly in the exercise of its police power shall be authorized to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. All deliberations of the commission shall be open to the public. E: prr@lso.idaho.gov, P.O. Paragraph 175 (known formally as 175 StGB; also known as Section 175 in English) was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. VI. Election and returns; disorderly conduct. Protection to person and property is the paramount duty of government and shall be impartial . The Superior Court shall be divided into an Appellate Division, a Law Division, and a Chancery Division, which shall include a family part. RIGHTS OF PERSONS Paragraph I. Limitations on special legislation. Statutes and sections of Code, how amended. The leaders of the two largest political parties of each house of the legislature shall each designate one member and the state chairmen of the two largest political parties, determined by the vote cast for governor in the last gubernatorial election, shall each designate one member. This subparagraph shall not apply to or affect any state authority. The Organization is based on the principle of the sovereign equality of all its Members. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two-thirds of the membership of such house. meetings, such motion shall require a two-thirds (2/3) vote of the Senators present. Journals and laws. (6) Box 83720Boise, ID 83720-0054P: 208-334-2475 The General Assembly may provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into the fund. Such districts shall be composed of contiguous territory. Quorum.A majority of the members to which each house is entitled shall constitute a quorum to transact business. Jointly sponsored bills and resolutions. Power to impeach. x][7r~pQyf1V y5Y,Ev7YkfbUd}hmf{Go/?6/;}yG=4_o.-&9N7 Paragraph I. Senate and House of Representatives. (2) Academic freedom shall be enjoyed in all institutions of higher learning. %PDF-1.5 In the event either house, after the thirtieth day of any session, adopts a resolution to adjourn for a specified period of time and such resolution and any amendments thereto are not adopted by both houses by the end of the legislative day on which adjournment was called for in such resolution, the Governor may adjourn both houses for a period of time not to exceed ten days. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. When a vacancy occurs in the General Assembly, it shall be filled as provided by this Constitution and by law. endobj Sub-paragraph 2 provides that in the event of no agreement being reached between the two States concerned within the time mentioned, the dispute shall be referred . (3) The participation by the state and political subdivisions and instrumentalities of the state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax, to expend public money, to condemn property, and to zone property. Paragraph II. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either house. Any appropriation made in conflict with any of the foregoing provisions shall be void. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. Paragraph IV. Such election shall be held as provided in the rules of the House. (g) The General Assembly is authorized to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agriculture. However, the subject matters of the two subparagraphs k were unrelated. Paragraph IV. Disqualifications. Paragraph V. Election and term of members. (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. Protection to person and property; equal protection. Paragraph II. That was less stringent than those applicable to state legislators in most states, all but one of which required property ownership. Article 3, Section 2, Clause 2 In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. The General Assembly shall provide for the publication of the laws passed at each session. Signature of Governor. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members of the house to which such member belongs. A highly accessible, easy-to-use online version full-text transcript of the US Constitution including Bill of Rights and 27 Amendments. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine. Paragraph V. Majority of members to pass bill. Art. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. Regulation of alcoholic beverages. (6)A member of the commission shall be precluded from serving in either house of the legislature for five years following such members service on the commission. (a) The Governor shall submit to the General Assembly within five days after its convening in regular session each year a budget message and a budget report, accompanied by a draft of a general appropriations bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the state for the next fiscal year. <> Public money, how drawn. (d) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph shall not be subject to any law controlling legislative procedures for the consideration of retirement or pension bills, including, but not limited to, any limitations on the sessions of the General Assembly at which retirement or pension bills may be introduced. As authorized by law, revenues raised for purposes of the fund may be paid into and disbursed from the trust without being subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Contributions in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly. ArtIV.S3.C2.1 The Property Clause Generally Paragraph III. 2022 Idaho State Legislature. (b) At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year. Paragraph XIV. (i) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Information Center: P: 208-332-1000 The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. (3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements. The President Pro Tempore shall act as President in case of the temporary disability of the President. (a) No person on active duty with any branch of the armed forces of the United States shall have a seat in either house unless otherwise provided by law. 8 Modified by Amendment XI. Paragraph IV. (4) The State shall enhance the right of teachers to professional advancement. Free Newsletters Paragraph VI. % The commission shall be composed of six members. (b) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. 1. Paragraph II. 2 0 obj 2. Reading of general bills. Paragraph I. Public Records Request: P: 208-334-2475 Interim committees may be created by or pursuant to the authority of the General Assembly or of either house. Affirmation prescribed by law for any matters relating to the purpose or provisions of this subparagraph proceedings each! 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