FOREWARD & USERS GUIDE
This book is a continuation of a work commenced originally when I was on staff at the
Office of Legislative Counsel. The work has been a ‘labor of love’ of mine for several decades now.
This new 2018 edition is a significantly expanded and revised version of that initial work and
represents a continuing effort to keep the material up to date. The 2018 edition is current through
the 2018 regular session of the General Assembly. Grateful acknowledgement and appreciation is
expressed to Mr. Rick Ruskell, Legislative Counsel of the Georgia General Assembly, for his
ongoing cooperation, support, and assistance in helping keep this invaluable resource available
and current.
One of the more curious features of local government law in Georgia is the fact that under
the 1877, 1945, and 1976 Constitutions there existed a class of amendments thereto which were
neither general in nature nor uniform throughout the state but which were purely local in terms
of their applicability. These unusual items were local constitutional amendments (referred to
throughout this book as LCA).
Under the 1877 Constitution, these LCAs evolved over time under the generic amendment
language of Article XIII, Section I, Paragraph I. This provision allowed ‘amendments’ to the
constitution without making a distinction as to whether the amendment was general or local.
When the1945 Constitution was adopted, Article VI, Section X, Paragraph I continued
in full force and effect as a part of the new 1945 constitution all LCAs to the 1877 Constitution
which had been adopted previously and, in Article XIII, Section I, Paragraph I, specifically provided
the direct authority to adopt new LCAs.
When the 1976 Constitution was adopted, this exact same pattern was again followed.
Article XIII, Section I, Paragraph I continued the prior LCAs in force and effect and Article XII,
Section I, Paragraph I continued in place the specific authorization to adopt new LCAs.
The 1983 Constitution, however, did not follow in the footsteps of its
predecessors. In a complete reversal of prior practice, Article XI, Section, I, Paragraph IV
prohibited the adoption of any new LCAs, and, with certain limited exceptions, provided for the
automatic repeal of each existing LCA unless such LCA was continued specifically in force and
effect as a part of the Constitution by local Act or home rule ordinance prior to July 1, 1987. If an
LCA was allowed to expire, the special provisions could never again be reenacted. If it was
continued in effect however, Paragraph IV provided that the LCA could thereafter be repealed
but could never be altered or amended. It would be forever frozen in place unless it was
repealed.
The purpose of this publication is to identify all of the LCAs that were in place at the time
the 1983 Constitution became effective (July 1, 1983, pursuant to Art. XI, Sec. I, Para. VI), and, to
explain the fate of each such LCA. Thus, the reader should be aware that except in a very few
instances which are of peculiar historical interest, this book will not detail the history of LCAs which
were repealed by the General Assembly or which were invalidated by the appellate
courts. Note, however, that all LCAs may be found by perusing the local law index
contained in Volumes 42 and 42Aof the Official Code of Georgia Annotated. Those which
have been repealed or otherwise invalidated are indexed under the Noncurrent heading for the
affected local jurisdiction. Those which have been continued appear under the Current
heading for the affected jurisdiction.
In this publication, if an LCA was continued directly by a provision of the 1983
Constitution, then that provision is identified specifically. If an LCA was continued by local Act
or home rule ordinance, then those continuation mechanisms are identified specifically and include a
Georgia Laws citation. If an LCA was not continued, then the reader is directed to the automatic repeal