Augusta University GA State Legislative Exam

How many provisions (paragraphs in Article 1, Section I) are there in the Bill of Rights of the Georgia constitution?

40-42

Name two or more provisions in the Georgia Bill of Rights that are not stated in the Bill of Rights of the U.S. Constitution.

•Freedom of conscience - the right to not be abused during arrest or imprisonment, and forbids whipping and banishment as punishment for crimes

•May not imprison citizens for failure to pay debt

•May not directly or indirectly provide money in aid of religious institutions

Article I, Section II, paragraph IX spells out Georgia's provisions for sovereign immunity. What is sovereign immunity? Would you say that the State has absolute or limited sovereign immunity?

•Legal doctrine by which the state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.

•Limited

Give a one-sentence definition of eminent domain (Article I, Section III, General provisions). Give an example of the use of eminent domain.

The power of the state, by virtue of its sovereign power over the lands within its jurisdiction, to seize private property for public use, with payment of "just compensation" to the owner

May a person who is serving a sentence for a felony conviction vote in Georgia's elections?

No

The State of Georgia requires a majority, not a plurality, in the vote count for the election of several of its constitutional officers. Explain what happens if a candidate does not garner at least 51 percent of the vote (Article II, Section II, paragraph II):

Run-off election → continuation of the general election and only people entitled to vote in general election are entitled to vote.

How many state senators are in the Georgia Senate? How many state representatives in the Georgia House of Representatives?

•Senate - 56

•House 180

Are the minimum ages for election to the Georgia General Assembly the same as the age qualifications for the Congress of the United States? What are they? (Fill in blanks):

•U.S. Senate: 30

•U.S. House: 25

•Georgia Senate: 25

•Georgia House:21

How long is a session (number of days) of the Georgia General Assembly? Explain how the General Assembly can convene on January 12, adjourn on March 27, and still call it a 40-day session.

•40 working days each year but they are not necessarily consecutive

•The governor may call the General Assembly into a special session for a set number of days when the legislature major legislative business has been completed. Special sessions may also be called by agreement of three-fifths of the membership of each chamber

Are bills in the General Assembly allowed to have "riders"? Give a short description of a rider. See Article III. Section V. "Enactment of Laws"

Yes.

An additional provision added to a bill or other measure under the constitution by legislature, having little connection with the subject matter of the bill. They use this tactic because the provision would not pass as its own bill.

Does the Governor of Georgia have the line-item veto power? (Look at Article III, Section V.) Can the line-item veto be used in all categories of legislation, or just in appropriations (expenditures)?

Governors can exercise line-item vetoes. Line-item veto is removing specific lines from a budget

A magistrate court handles small claims, and a state court handles misdemeanors. In contrast, the _____ has jurisdiction over a broad range of cases. It is the court of original jurisdiction in felony trials.

Superior court

The two key appellate courts in Georgia are the ______ with ten judges and the ____ with up to nine (presently seven) justices.

•Court of Appeals - 12 justices

•Georgia Supreme Court - 7-9 justices

True or false (circle one). All Superior Court and State Court judges in Georgia are elected on a nonpartisan basis.

True

The state's prosecuting attorney in each judicial circuit is called a (a) district attorney; (b) magistrate; (e) U.S. attorney, or (d) solicitor general.

district attorney

The power to discipline or remove judges is vested in the ______.

Judicial Qualifications Commission

What is the job of the Public Service Commission? (What does it regulate?) How are its members chosen?

•public utilities -- that is, electric, gas, telecommunications and transportation firms

•elected members who serve staggered, six-year terms.

Name the powers of the State Board of Pardons and Paroles.

Power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction

Give the titles of the state executive officers who are not appointed by the governor but who are elected in statewide elections.

•Attorney General

•Secretary of State

•Commissioner of Insurance

•Commissioner of Agriculture

•Commissioner of Labor

•State school Superintendent

•Public Service Commissioners

Name several purposes for which general obligation debt can be incurred by the state: How is general obligation debt repaid?

•General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960

•instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or land or deposit against the security of, loans to citizens of the State for educational purposes.

Name several purposes for which guaranteed revenue debt can be incurred by the state: How is guaranteed revenue debt repaid?

•toll bridges and roads

•public transportation facilities

•water facilities

•sewage facilites

•loans and loan programs for citizens for educational purposes

•waste recycling

What is the top limit at which state ad valorem taxes can be levied on tangible property? **The Georgia Constitution may not define "millage rate" but see if you can find out what this unit of taxation means.

Law allows counties to levy a one percent general sales tax and a 4 percent state tax. Debt cannot exceed ten percent of the assessed value of taxable property within the jurisdiction: the annual limit on the amount that can be borrowed on a short-term basis: voters must approve issuance of new debt by vote in election

Can local governments set up differing amounts of homestead exemptions from ad valorem taxation levied in their communities? **The Georgia Constitution may not define "homestead exemption" but see if you can find out what this taxation provision means.

yes, if approved by 2/3rds of the members elected to each branch of the general assembly in a roll-call vote and by a majority of qualified electors of the state voting in a referendum thereon

What are the five categories of expenditures for which lottery proceeds can be used? (See Article I, section II)

•Tuition grants, scholarships, or loans to citizens of the state

•Voluntary pre-kindergarten

•Educational shortfall reserves

•Costs of providing to teachers at accredited public institutions who teach levels k-12, personnel at public post-secondary technical institutions, professors and instructors in University Systems for necessary training

•Capital outlay projects for educational facilities

•Governor's annual budget including recommendations for use of the funds

What is a "sinking fund"?

A fund established by a government agency or business for the purpose of reducing debt by repaying or purchasing outstanding loans and securities held against the entity. It helps keep the borrower liquid so it can repay the bondholder.

Is interest on the state debt exempt from taxation?

Yes

To what exclusive purpose are receipts from motor fuel taxes dedicated? In other words, how is gasoline tax money to be spent?

The Georgia constitution specifies that the state must spend whatever amount is raised by the motor-fuel tax on roads and bridges.

What are the conditions under which the General Assembly can appropriate (spend) money which has not yet been collected in the State treasury? See Article VII, Section IV. State Debt.

Public debt w/o limit to repel invasion, suppress insurrection, and defend state in time of war

Make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems

Condition #1: When taxes are not collected until the middle or the end of the year, how does the state pay its operating obligations in the first few months of the year? See para. I (b)

The debt incurred shall be repaid on or before the last day of the fiscal year in which it is incurred out of taxes levied for that fiscal year.

Condition #2: In repaying bonds (revenue bonds and general obligation bonds) there is a limit on how much the state can incur debt service. See para. II (b) How is this calculated?

Cannot exceed 10 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred

Condition #3: What is the maximum term (number of years) in which any state debt can be incurred? See para. II (C)

25 years

How is the State Board of Education comprised?

5 offices comprise the Georgia Department of Education:

•Office of Standards, Instruction and Assessment •Office of Finance and Business Operations

•Office of Policy and External Affairs

•Office of Education Support

•Improvement Office of Technology Services.

The executive officer of the State Board of Education is the ______. How is he or she chosen?

The state superintended elected by the people

The ____ of the University System of Georgia is the governing body for the 34 public colleges and universities in the state.

The board of regents

What is the title of the chief executive officer of the University System of Georgia? (This will not be listed in the Georgia constitution. See if you can find it elsewhere)

Chancellor

Does each educational institution in the state get its own separate appropriation from the General Assembly?

No

What is the maximum tax levy allowed for school tax within each local school system?

?

How many counties does Georgia have?

159

Name several county elected officials whose positions are provided by law in the Georgia Constitution.

•clerk of superior court

•judge of probate court

•sheriff

•tax receiver

•tax collector

•tax commissioner

What is Home Rule?

Counties/cities have the ability to have some government and legal powers of their own as long as they are not allowing things outside of GA/US laws/constitutions: essentially local self government

What is consolidation? Describe the procedures a local government would have to go through in order to consolidate.

•law to merge 2 or more county school systems, independent school systems into a single county or area school system

•approved by majority of qualified voters voting in each separate school system. then general assembly approves.

When did the present constitution of Georgia become effective?

1983

When was the last time it was amended?

January 2005

Which office under the Governor's direction manages the strategic planning for state government, as well as consolidates all the expenditure requests from various agencies into one unified budget proposal which the Governor sends to the General Assembly?

Office of Planning and Budget (OPB)

What are the responsibilities of the Secretary of State? (See listing under "Executive Branch" of LWVGA's Georgia Government.

•supervising and monitoring elections

•managing and preserving public records

•provide education programs about the capitol

•licensing, monitoring, and registering professionals and businesses.

What is the jurisdiction of the State Court? What types of cases does it handle? What is an example of a misdemeanor? (See listing under "Judicial Branch" of LWVGA's Georgia Government).

• Limited

• Misdemeaners

o petty theft

o prostitution

o public intoxication

o simple assault

o disorderly conduct

o trespass

o vandalism

o reckless driving

What does a traverse jury do? What does a grand jury do? (See listing under "Judicial Branch" of LWVGA's Georgia Government).

•A traverse juror is responsible for deliberating questions of fact and determining the validity of accusations against the accused person, based on proof. Traverse jurors serve in civil and criminal cases and their decision must be unanimous in federal

•A grand jury reviews evidence still being brought by a prosecutor to determine whether a person should be charged with a crime, also referred to as being indicted.

Georgia's general sales tax is levied on what items? For what do local governments use local option sales taxes? (See listing under "Finances" of LWVGA's Georgia Government).

•placed on customer purchases of items most bought at store.

GA has a 4% sales tax but local governments can add optional sales tax

What are the key sources of income (types of tax revenue) for Georgia's government? What is the largest category of expenditure? (See pie charts under "Finances" of LWVGA's Georgia Government).

•property tax

•sales tax

What are the conditions for registering and voting by absentee ballot in Georgia? (See listing under "Elections" of LWVGA's Georgia Government).

•no specific requirements

•an absentee ballot application must be received at any point up until the close of polls on election day and received by 7:00 pm on election day

What are the responsibilities of the Georgia Department of Natural Resources?

The agency has statewide responsibilities for managing and conserving Georgia's natural, cultural, and historical resources, and is divided into six divisions.