Georgia General Assembly
Encyclopedia
The Georgia General Assembly is the state legislature of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

. It is bicameral, being composed of the Georgia House of Representatives
Georgia House of Representatives
The Georgia House of Representatives is the lower house of the Georgia General Assembly of the U.S. state of Georgia.-Composition:...

 and the Georgia Senate
Georgia Senate
The Georgia State Senate is the upper house of the Georgia General Assembly .-Composition:According to the state constitution of 1983, this body is to be composed of no more than 56 members elected for two-year terms. Current state law provides for 56 members...

.

Each of the 236 members of the General Assembly serve for two year terms and are directly elected
Direct election
Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...

 by their districts. The Georgia State Constitution vests all legislative power with the General Assembly. Both houses have similar powers, though each also has unique duties. For instance, the origination of appropriation bills occurs only in the House and the Senate is tasked with confirmation of the Governor's appointments.

The General Assembly meets in the Georgia State Capitol
Georgia State Capitol
The Georgia State Capitol, in Atlanta, Georgia, in the United States, is an architecturally and historically significant building. It has been named a National Historic Landmark and is listed on the National Register of Historic Places. It is the main office building of Georgia's government...

 in Atlanta, Georgia
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...

.

History

The General Assembly, which is the legislative branch of the state's government, was created in 1777 during the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...

, making it older than the U.S. Congress. During its existence the Assembly has moved four different times as the state capital changed locations. The first location the Assembly served in was Savannah
Savannah, Georgia
Savannah is the largest city and the county seat of Chatham County, in the U.S. state of Georgia. Established in 1733, the city of Savannah was the colonial capital of the Province of Georgia and later the first state capital of Georgia. Today Savannah is an industrial center and an important...

, then Augusta
Augusta, Georgia
Augusta is a consolidated city in the U.S. state of Georgia, located along the Savannah River. As of the 2010 census, the Augusta–Richmond County population was 195,844 not counting the unconsolidated cities of Hephzibah and Blythe.Augusta is the principal city of the Augusta-Richmond County...

 and Louisville
Louisville, Georgia
Louisville is a city in Jefferson County, Georgia, United States. It is the former capital of Georgia and is the county seat of Jefferson County. It is located southwest of Augusta on the Ogeechee River, and its population was 2,712 at the 2000 census. The local pronunciation is the Americanized...

, from there to Milledgeville
Milledgeville, Georgia
Milledgeville is a city in and the county seat of Baldwin County in the U.S. state of Georgia. It is northeast of Macon, located just before Eatonton on the way to Athens along U.S. Highway 441, and it is located on the Oconee River. The relatively rapid current of the Oconee here made this an...

 and finally to Atlanta
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...

 in 1868.

The General Assembly in Savannah

By January of 1776, Savannah had become the capital of Georgia when the former colony declared independence from Britain. The legislature, a unicameral body, met there in 1777 and 1778 only to retreat to Augusta when the British captured the city. Yet, they were not settled long in that city when, in 1779, the British captured Augusta. The city of Augusta changed hands three times during the war, finally returning to American possession in July of 1781. They stayed in Augusta until May 1782 when the British left Savannah, thus allowing the legislature to return to the capital.

Move to Augusta

Between 1783 and 1785, the Georgia General Assembly met in both Savannah and Augusta; the primary cause for the moves arose when tensions were created between the cities of Savannah and Augusta causing then Governor Lyman Hall to officially reside in both places. On February 22, 1785, the General Assembly held its last meeting in Savannah. Augusta had become the official capital because of pressure from the general populace to have their capital in the center of the state.

On to Louisville

With the spread of the population, it was felt that Georgia's capital needed to move as well. A commission was appointed by the legislature in 1786 to find a place that was centrally located. The commission recommended Louisville, which would become Georgia's first planned capital and would hold her first capitol building. Due to the fact that the capital would have to be built from the ground up, and because of numerous construction delays, it took a decade to build the city. The name Louisville was chosen by the General Assembly in honor of King Louis XVI for France's aid during the Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...

.

The new state house, a two-story 18th century Gregorian building of red brick, was completed in 1796. The Legislature designated Louisville the "permanent seat" of Georgia government. Yet, further western expansion created the need for another new state capital. The capitol building was purchased by Jefferson County and used as a courthouse, but the building had to be torn down because it became unsound. A plaque marks the location of the old Capitol.

The Assembly arrives in Milledgeville

In 1804, the state government realized that yet another capital, would be needed. As a result, An act was passed which authorized a new capital city to be built on 3240 acres (13 km²) in the area currently known as Baldwin County
Baldwin County, Georgia
Baldwin County is a county located in the U.S. state of Georgia. As of 2010, the population was 46,337. The county seat is Milledgeville.Baldwin County is part of the Milledgeville Micropolitan Statistical Area, which includes neighboring Hancock County....

. The new city was named Milledgeville in honor of Governor John Milledge.

The new capitol building took two years to build. The capitol was a Gothic Revival style building made of brick. The legislature passed the Secession Act on January 19, 1861 and joined the Confederacy while serving in that capitol at Milledgeville. The legislature voted $100,000 to be sent to South Carolina for the relief of Charlestonians who suffered a disastrous fire in December 1861. With General Sherman's approach, the members of the General Assembly adjourned in the fall of 1864, later reconvening briefly in Macon in 1865. As the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

 finally came to a close and with the federal government controlling Georgia's government, the legislature rereconvened at the Capitol in Milledgeville.

Atlanta

In 1867, Major General John Pope
John Pope (military officer)
John Pope was a career United States Army officer and Union general in the American Civil War. He had a brief but successful career in the Western Theater, but he is best known for his defeat at the Second Battle of Bull Run in the East.Pope was a graduate of the United States Military Academy in...

, military governor of Georgia, called for an assembly in Atlanta to discuss a constitutional convention. It was at this time that Atlanta officials again moved to make the city Georgia's new state capital, donating the location of Atlanta's first city hall
City hall
In local government, a city hall, town hall or a municipal building or civic centre, is the chief administrative building of a city...

. The constitutional convention agreed and the people voted to ratify the decision on April 20, 1868. The Georgia General Assembly first presided in Atlanta on July 4, 1868.

In 1884 the legislature appropriated one million dollars to build a new state capitol. Construction began on October 26, 1884 and the building was completed and occupied on June 15, 1889.

Organization and procedure of the General Assembly

The General Assembly meets in regular session on the second Monday in January for no longer than 40 days each year. Neither the House nor the Senate can adjourn during a regular session for longer than three days or meet in any place other than the state capitol without the other house's consent.

Rules of procedure, employees and interim committees

Both houses of the General Assembly may determine procedural rules provide for its employees. The General Assembly as a whole, or each house separately, has the ability to create interim committees.

Oath of office

Before taking office senators and representatives must take the oath (or in some cases an affirmation) stipulated by the law.

Quorum

A majority of the members to which each house is entitled shall constitute a quorum to transact business. A smaller number may adjourn from day to day and compel the presence of its absent members.

Vacancies

Whenever a vacancy occurs in the General Assembly, an event that occurs whenever a member moves from the district from which he was elected, it is filled according to Georgia law and the Constitution.

Salaries

Members of the General Assembly receive salaries provided by law, so long as that salary does not increase before the end of the term during which the increase becomes effective. Members of the Georgia General Assembly currently earn $17,000 a year.

Election and returns; disorderly conduct

Both houses hold the responsibility of judging the election, returns, and qualifications of their members. Also, both houses have the power to punish members for disorderly misconduct. Punishments for such conduct are:
  • censure
  • fine
  • imprisonment
  • expulsion


However, no member can be expelled without a vote of two-thirds of the members of the house the member belongs to.

Contempt

When a person is guilty of contempt, the individual may be imprisoned if ordered by either the House or the Senate.

Elections by either house

All elections of the General Assembly are to be recorded. The recorded vote then appears in the journal of each house.

Open meetings

Sessions of the General Assembly, including committee meetings, are open to the public except when either house makes an exception.

Legislative History

The General Assembly does not publish reports and does not keep bill files. Major legislation is discussed in detail in the Peach Sheets, a student-written part of Georgia State University College of Law's Law Review. Recent Peach Sheet articles are available in an online archive. Otherwise, Peach Sheets articles should be included in the Georgia State Law Review databases on Lexis, Westlaw and HeinOnline.

Composition

The Georgia General Assembly began as a unicameral body in 1777 but changed to a bicameral legislature in 1789. It is now made up of a Senate (the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...

) and a House of Representatives (the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

). The Senate has 56 members while the House of Representatives has 180. Members from each body serve for two years, but have no limit to the number of times they can be re-elected. Both senators and representatives are elected from their constituents' districts.

Qualifications for election

The Georgia Constitution stipulates that members of the Senate must be citizens of the United States, at least 25 years old, a citizen of the state of Georgia for at least two years, and a legal resident of the district the senator was elected from for at least one year. Members of the House of Representatives must be citizens of the United States, at least 21 years old, a Georgia citizen for at least two years, and a legal resident of district the representative was elected from for at least one year.

Disqualifications

According to the Georgia Constitution Article III Section II Paragraph IV:
  • 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.

  • 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.

  • No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which such person shall have been elected unless the Senator or Representative shall first resign the seat to which elected; provided, however, that, during the term for which elected, no Senator or Representative shall be appointed to any civil office which has been created during such term.

Officers

The presiding officer of the Senate is the President of the Senate. Like the U.S. Senate, a President Pro Tempore is elected by the Senate from among its members. The President Pro Tempore acts as President in case of the temporary disability of the President. In case of the death, resignation, or permanent disability of the President or in the event of the succession of the President to the executive power, the President Pro Tempore becomes President. The Senate also has as an officer the Secretary of the Senate.

The House of Representatives elects its own Speaker and a Speaker Pro Tempore. The Speaker Pro Tempore becomes Speaker in case of the death, resignation, or permanent disability of the Speaker. The Speaker Pro Tempore serves until a new Speaker is elected. The House also has as an officer the Clerk of the House of Representatives.

Powers and privileges

Article III Section VI of the Georgia State Constitution
Georgia (U.S. state) Constitution
The Constitution of the State of Georgia is the governing document of the U.S. state of Georgia. The constitution outlines the three branches of government in Georgia. The legislative branch is embodied in the bicameral General Assembly. The executive branch is headed by the Governor. The judicial...

 specifies the powers given to the Georgia General Assembly. Paragraph I states, "The General Assembly shall have the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state." Moreover, the powers the Constitution gives the Assembly include land use restrictions to protect and preserve the environment and natural resources; the creation, use and disciplining through court martial of a state militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...

 which would be under the command of the Governor of Georgia acting as commander-in-chief (excepting times when the militia is under Federal command); The power to expend public money, to condemn property, and to zone property; The continuity of state and local governments during times of emergency; state participation in tourism
Tourism
Tourism is travel for recreational, leisure or business purposes. The World Tourism Organization defines tourists as people "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes".Tourism has become a...

. The use, control and regulation of outdoor advertising within the state.

Limitation of powers

Paragraph V of Article III Section VI states that:
  • The General Assembly shall not have the power to grant incorporation to private persons but shall provide by general law the manner in which private corporate powers and privileges may be granted.

  • The General Assembly shall not forgive the forfeiture of the charter of any corporation existing on August 13, 1945, nor shall it grant any benefit to or permit any amendment to the charter of any corporation except upon the condition that the acceptance thereof shall operate as a novation of the charter and that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.

  • 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.

  • 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.

  • No municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority.

Privileges of members

Members of the Georgia General Assembly maintain two important privileges during their time in office. First, no member of either house of the Assembly can be arrested during sessions of the General Assembly or during committee meetings except in cases of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

, felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

, or "breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...

". Also, members are not liable for anything they might say in either the House or the Senate or in any committee meetings of both.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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