sr721_Committee_sub_LC_21_9854S_5.html
08 LC 21 9854S

The Senate Judiciary Committee offered the following substitute to SR 721:

A RESOLUTION

Proposing an amendment to the Constitution so as to prohibit courts from ordering the General Assembly to take any action to create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; to limit the power of courts on matters involving appropriation of public money; 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.
Article VI of the Constitution is amended by inserting a new section to read as follows:

"SECTION XI.
LIMITATIONS

Paragraph I. Limitation on jurisdiction; appropriations. No court of this state shall have the power to order the General Assembly to take any action to create or increase any tax, fee, or appropriation.
Paragraph II. Appropriations by the General Assembly. The power of appropriation of state revenues is reserved exclusively to the General Assembly and such powers shall remain inviolate. Appropriations determined by the General Assembly for any Act or program shall be within the sole discretion of the General Assembly and no court of this state shall have the power to declare an Act or program unconstitutional based upon the exercise of this discretion."

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 prohibit courts from ordering the General Assembly to take action to create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; and to limit the power of courts on matters involving appropriation of public money?"
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.