How the Abolishment Process Works in Georgia Law
Explore how Georgia law structures the abolishment process through legal procedures, constitutional rules, and institutional coordination.
Georgia’s legal system provides a structured process for abolishing certain laws, government offices, or state institutions. This mechanism allows the state to formally remove elements of governance that may have become outdated or are no longer considered necessary for the public interest. Understanding this process sheds light on how legal and political structures can be changed within the state.
Legislative Procedure
The primary route for abolishing a law, office, or institution in Georgia involves the state legislature, known as the Georgia General Assembly, which comprises the House of Representatives and the Senate. The process typically starts when a legislator identifies a need to eliminate an existing legal provision or entity. The legislator works with the non-partisan Office of Legislative Counsel to draft the proposal into a formal bill.
Once drafted, the sponsoring legislator files the bill in their respective chamber (House or Senate), where it receives a number (e.g., H.B. for House Bill, S.B. for Senate Bill). The bill is then formally introduced, usually on the next legislative day, through a “First Reading” where its title is announced. The presiding officer assigns the bill to a relevant standing committee specializing in the subject matter. In the House, a “Second Reading” occurs the following day while the bill is in committee; in the Senate, the second reading happens after a favorable committee report.
Committees examine bills closely. The committee chair determines if a bill will be considered. If it moves forward, hearings may be held where legislators, officials, lobbyists, and the public can provide testimony. Committee members discuss the proposal, potentially offering amendments or substitutes, before voting. To advance, a bill generally needs a favorable recommendation, such as “Do Pass” or “Do Pass with changes.”
A bill approved by committee goes to the Rules Committee of its chamber. This committee schedules bills for debate and voting by the full chamber. When the abolishment bill is called for its “Third Reading,” it is open for debate among all members. Further amendments might be considered, depending on the rules adopted for that bill. Passage requires a majority vote of the total membership of the chamber (at least 91 votes in the House, 29 in the Senate).
If a bill passes one chamber, it moves to the other, where the committee review, floor debate, and voting process is repeated. Both the House and Senate must approve an identical version of the bill for it to become law. If the second chamber amends the bill, it must return to the first chamber for agreement. Disagreements may lead to a conference committee, composed of members from both houses, to negotiate a compromise. The conference committee’s report requires approval from both chambers without further changes.
After passing both chambers in identical form, the bill goes to the Governor. During the legislative session, the Governor has six days to act; after the session adjourns, the Governor has 40 days.1University of Georgia Libraries. Georgia: Bill to Law – Legislative Process The Governor can sign the bill into law or veto it. A veto can be overridden by a two-thirds majority vote in both the House and Senate during the next session. If the Governor takes no action within the allotted time, the bill automatically becomes law. Unless specified otherwise in the bill, new laws typically take effect on July 1st.
Constitutional Guidelines
The Georgia General Assembly’s authority to abolish laws or state entities is subject to the Georgia Constitution. Any legislative act conflicting with the state constitution is void. The Constitution establishes the scope and limits of government power, ensuring abolishment actions comply with fundamental legal principles.
A key principle is the separation of powers (Article I, Section II, Paragraph III), requiring the legislative, judicial, and executive branches to remain distinct.2Justia Law. Art. I :: Georgia Constitution :: Georgia Law :: US Law The legislature cannot abolish a core function of another branch in a way that undermines this separation. While the legislature can modify judicial circuits (Article VI, Section I, Paragraph VII), it cannot eliminate the judiciary’s fundamental role.
Certain offices and entities receive specific constitutional protection. Constitutional officers like the Governor and Secretary of State (established in Article V) can only be eliminated through a constitutional amendment.3Justia Law. Art. V :: Georgia Constitution :: Georgia Law :: US Law This requires a two-thirds vote in both legislative chambers and ratification by a majority of Georgia voters. Similarly, abolishing one of Georgia’s 159 counties (Article IX, Section I, Paragraph II) requires a two-thirds legislative vote plus approval from voters within that county.4Justia Law. Art. IX :: Georgia Constitution :: Georgia Law :: US Law Municipalities (cities), however, are created by statute and can be abolished by the General Assembly through local Acts.
Procedural rules also limit abolishment legislation. The “single subject rule” (Article III, Section V, Paragraph III) mandates that bills address only one subject matter, clearly expressed in the title, preventing unrelated provisions from being hidden within a bill.5Justia Law. Art. III :: Georgia Constitution :: Georgia Law :: US Law Article III, Section VI, Paragraph IV generally prohibits local laws where a general law could apply, promoting uniformity, although specific local abolishments might still be possible if structured correctly. State law (carrying forward a constitutional principle found in Section 1-3-11 of the Official Code of Georgia Annotated) prevents changing the term of an elected office via local act during that official’s term without local voter approval.
Other constitutional provisions safeguard against legislative overreach. Laws cannot be retroactive or impair contractual obligations (Article I, Section I, Paragraph X). The Gratuities Clause (Article III, Section VI, Paragraph VI) restricts the legislature’s ability to grant public donations or forgive debts.6Kennesaw State University Fiscal Services. Georgia Constitution Art. III, Sec. VI, Para. VI – Gratuities Clause The Constitution’s Bill of Rights (Article I) protects fundamental liberties, ensuring no abolishment law infringes upon rights like due process or equal protection.
Judicial Involvement
After an abolishment bill becomes law, the judicial branch may review its legality if challenged. Courts have the power of judicial review to determine if legislative acts comply with the Georgia Constitution (Article VI, Section I, Paragraph I).
Legal challenges typically arise when an individual or group claims the abolishment law violates the state constitution. To sue, a party must have “standing,” demonstrating a direct injury caused by the law. Georgia courts require plaintiffs to assert their own rights are affected. The case must present an “actual controversy” suitable for judicial resolution, not a hypothetical question.
Challenges usually start in a Superior Court, which handles significant civil matters, including constitutional questions (Article VI, Section IV, Paragraph I). The plaintiff files a lawsuit against the state entity responsible for implementing the abolishment, specifying the law and the constitutional provision allegedly violated.
Courts examine both procedural and substantive issues. Procedurally, they might review if the legislature followed constitutional rules during passage, like the single subject rule. Substantively, they assess if the abolishment violates principles like separation of powers or infringes on protected rights.
Superior Court decisions can be appealed. The Supreme Court of Georgia has exclusive jurisdiction over cases involving the interpretation or constitutionality of state laws (Article VI, Section VI, Paragraph II), making it the final arbiter in such disputes.7Justia Law. Art. VI :: Georgia Constitution :: Georgia Law :: US Law
Possible court outcomes include a declaratory judgment, which clarifies the parties’ rights and the law’s constitutionality, or injunctive relief (temporary or permanent orders) to halt implementation if the law is found unconstitutional. If a court finds an abolishment law violates the Georgia Constitution, it must declare the law void (Article I, Section II, Paragraph V). If the law is deemed constitutional, it is upheld.
Implementation Steps
Once an abolishment law is enacted, the executive branch manages its execution. This involves state agencies coordinating to wind down operations, handle personnel, manage assets and records, and update official documents, often guided by the Governor’s Office.
Affected employees and the public are typically notified about the timeline and procedures. Personnel actions follow rules from the State Personnel Board and the Department of Administrative Services (DOAS). Position eliminations trigger Reduction in Force (RIF) procedures (State Personnel Board Rule 478-1-.04), which address notice periods, retention criteria, and potential placement assistance, though reemployment is not guaranteed. The affected agency develops a specific RIF plan filed with DOAS.
Physical and financial assets require management. Tangible property (furniture, vehicles) is handled by the DOAS Surplus Property Division (per Title 50, Chapter 5, Article 5 of the Official Code of Georgia Annotated and related policies), which oversees redistribution or sale.8Georgia.gov. Buy Surplus Property Real estate (land, buildings) involves the Georgia State Properties Commission (SPC), managing disposal according to Title 50, Chapter 16.9Georgia State Properties Commission. About SPC Financial closure includes settling accounts and transferring remaining funds under the oversight of the Governor’s Office of Planning and Budget (OPB), as outlined in Title 45, Chapter 12.
Official records must be managed according to the Georgia Records Act (Section 50-18-90 et seq.).10Georgia Archives. Georgia Records Act Records created during public duty are public property and must follow retention schedules approved by the State Records Committee, operating under the Georgia Archives. These schedules dictate storage duration, potential transfer to the Archives, and eventual destruction procedures. Unauthorized destruction is a misdemeanor (Section 50-18-102).
Finally, the abolishment is reflected in official legal documents. The Code Revision Commission incorporates changes into the Official Code of Georgia Annotated (O.C.G.A.). Agencies may need to amend or repeal administrative rules under the Georgia Administrative Procedure Act (Title 50, Chapter 13), which includes public notice and comment periods, ensuring transparency as the abolishment takes practical effect.
