07 LC 38
0315ER
Senate
Resolution 375
By:
Senators Stoner of the 6th, Golden of the 8th, Brown of the 26th, Seay of the
34th, 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 revising Paragraph VII 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 this state and any separate charitable affiliate of a religious or sectarian organization. Each such contract shall be subject to the following terms and conditions:
"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 this 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 a manner as provided by law and shall be subject to audit
by this 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 12 education;
(4)
No contract shall be entered by this state or any department or agency of this
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 were 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 shall require that the separate charitable affiliate of a
religious or sectarian organization provide actual and valuable services and
consideration to this 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 shall 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 this state pursuant to such
contract."
SECTION
2.
Article
III, Section IX of the Constitution is amended by adding 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
supplemental appropriations Act for the appropriation of federal funds received
by this 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 provisions 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.