hr168.html
05 LC 34 0214
House Resolution 168
By: Representatives Heard of the 114th and Kidd of the 115th

A RESOLUTION

Proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation, and administration of the system of public transportation of passengers for hire in any city, county, or consolidated government to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
The Constitution is amended by adding a new article immediately following Article IX, to be designated Article IXA, to read as follows:

"ARTICLE IXA.
PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE

SECTION I.
PUBLIC TRANSPORTATION

Paragraph I. Function and purpose. The acquisition, establishment, operation, or administration of a system of public transportation of passengers for hire within any city, county, or consolidated government is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of such city, county, or consolidated government expended.
Paragraph II. Powers. The General Assembly shall create a public corporation or authority as an instrumentality of such city, county, or consolidated government, or any combination thereof, to perform such function, to have the power of eminent domain, the power to borrow money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient for the accomplishment of such function and purpose.
Paragraph III. Taxation and regulation. The General Assembly shall provide that such public corporation or authority, as an instrumentality of the participating city, county, or consolidated government, its property, acts, activities, income, and obligations and the interest thereon, shall be exempt from any tax obligations and from regulation by any agency or commission of the state.
Paragraph IV. Additional Powers. The General Assembly shall authorize the city, county, or consolidated government to contract with such public corporation or authority for the performance of such function and purpose; to pay for the public transportation services and facilities contracted for, including the payment of the principal and interest on any obligations issued by such public corporation or authority in order to acquire the necessary facilities and property therefor and in connection therewith to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts; and to convey to such public corporation or authority property or facilities, or render services, which may be useful to the establishment, operation, or administration of a public transportation system within the aforesaid metropolitan area, provided that no county shall have the power to levy any tax on any subject of taxation situated within the territorial limits of any incorporated municipality which has a contract with said public corporation or authority and is itself levying a tax for that purpose.
Paragraph V. Construction. The provisions of this article shall be liberally construed to effectuate its purpose and shall not be limited or restricted by any existing provision of or amendment to this Constitution, or any general or special law heretofore enacted, and the authority granted by this article to the General Assembly may be exercised by general, special, or local laws without regard to uniformity."

SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"(  )  YES

(  )  NO
Shall the Constitution of Georgia be amended so as to declare the acquisition, establishment, operation, and administration of the system of public transportation of passengers for hire in any city, county, or consolidated government to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.