05 LC 9 1566
Senate
Resolution 42
By:
Senators Stoner of the 6th, Golden of the 8th, Butler of the 55th, Powell of the
23rd, Meyer von Bremen of the 12th and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to authorize the General Assembly by
general law to provide for public funding of social services provided by
separate charitable affiliates of religious or sectarian organizations pursuant
to contracts for the provision of such services and to provide for conditions
and requirements relative to such contracts; to provide that the General
Assembly may appropriate federal funds received by the state; 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
I, Section II of the Constitution is amended by striking Paragraph VII in its
entirety and inserting in lieu thereof a new Paragraph VII to read as
follows:
"Paragraph
VII.
Separation
of church and state.
(a) Except as
provided in subparagraph (b) of this Paragraph,
no
No
money shall ever be taken from the public treasury, directly or indirectly, in
aid of any church, sect, cult, or religious denomination or of any sectarian
institution.
(b)
The General Assembly is authorized to provide by general law for the public
funding of social services to be provided pursuant to a contract between the
State of Georgia or any department or agency of the state and any separate
charitable affiliate of a religious or sectarian organization. Each such
contract shall be subject to the following terms and conditions:
(1)
No public funds received pursuant to such contract shall be used or expended,
either directly or indirectly, by any such separate charitable affiliate of a
religious or sectarian organization for sectarian worship, religious
instruction, or proselytizing;
(2)
Any such separate charitable affiliate of a religious or sectarian organization
which receives such public funds shall provide an annual accounting of the use
of such funds in such manner as provided by law and shall be subject to audit by
the state regarding the expenditure of such funds;
(3)
No public funds provided pursuant to such contract shall be used to pay tuition
or other expenses at any private, religious, or parochial school for grade one
through grade 12 education;
(4)
No contract shall be entered by the state or any department or agency of the
state with any separate charitable affiliate of a religious or sectarian
organization that advocates or promotes the overthrow of the government of the
United States of America or the principles upon which the United States of
America was founded;
(5)
No contract shall be valid or effective until and unless the state funds for
such contract have specifically been appropriated in a general appropriations
Act or supplemental appropriations Act by line item appropriation specifically
identifying and describing such contract;
(6)
Such contract must require that the separate charitable affiliate of a religious
or sectarian organization provide actual and valuable services and
consideration to the state or its department or agency in return for such public
funds;
(7)
Such separate charitable affiliate of a religious or sectarian organization
receiving such funds must be exempt from federal income taxes under the
provisions of 26 U.S.C. Section 501(c)(3); and
(8)
Nothing in this Paragraph shall be construed to authorize an entity receiving or
contracting for such public funds to discriminate against any person on the
basis of race, religion, sex, or national origin in connection with providing
the services on behalf of the state pursuant to such
contract."
SECTION
2.
Article
III, Section IX of the Constitution is amended by inserting at the end thereof a
new Paragraph to read as follows:
"Paragraph
VIII.
Appropriation
of federal funds authorized. The General
Assembly is authorized to provide in the general appropriations Act or any
supplementary appropriations Act for the appropriation of federal funds received
by the
state."
SECTION
3.
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 authorize the General Assembly
by general law to provide for public funding of social services provided by
separate charitable affiliates of religious or sectarian organizations pursuant
to contracts for the provision of such services, to provide for conditions and
requirements relative to such contracts, and to authorize the General Assembly
to appropriate federal funds received by the state?"
|
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.