10 LC 29
4321S
The
House Committee on Ethics offers the following substitute to HR
1087:
A
RESOLUTION
Proposing
an amendment to the Constitution so as revise and strengthen the provisions
making tax defaulters ineligible for public office and provide for the release
of otherwise confidential tax information for purposes of enforcement; to
provide for submission of this amendment for ratification or rejection; and for
other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
II, Section II of the Constitution is amended by revising Paragraph III as
follows:
"Paragraph
III.
Persons
not eligible to hold
state
or
local
office.
(a)
No person who is not a registered voter; who has been convicted of a felony
involving moral turpitude, unless that person's civil rights have been restored
and at least ten years have elapsed from the date of the completion of the
sentence without a subsequent conviction of another felony involving moral
turpitude;
who is a
defaulter for any federal, state, county, municipal, or school system taxes
required of such officeholder or candidate if such person has been finally
adjudicated by a court of competent jurisdiction to owe those taxes, but such
ineligibility may be removed at any time by full payment thereof, or by making
payments to the tax authority pursuant to a payment plan, or under such other
conditions as the General Assembly may provide by general
law; or who is the holder of public funds
illegally shall be eligible to hold any office or appointment of honor or trust
in this state. Additional conditions of eligibility to hold office for persons
elected on a write-in vote and for persons holding offices or appointments of
honor or trust other than elected offices created by this Constitution may be
provided by law.
(b)(1)
A person shall not be eligible to be elected or appointed to or to hold any
office or appointment of honor or trust in this state if such
individual:
(A)
Has failed to timely file any individual tax returns required by federal, state,
or local law unless an amended return or other filing has been timely made to
cure the failure; or
(B)
Has failed to pay or make arrangements for payment of any individual federal,
state, or local taxes that have been finally determined to be due through
administrative or judicial proceedings; provided, however, that such
arrangements for payment have been approved by the appropriate federal, state,
or local taxing authority.
(2)
Any person qualifying for election to state or local public office, seeking
appointment to state or local public office, or holding state or local public
office shall upon request by the executive secretary of the State Ethics
Commission, or successor entity, execute a written document, in such form as
shall be specified by the commission, allowing the release of otherwise
confidential governmental tax information concerning such person to such
secretary in order to ascertain such person's qualifications for office for
purposes of complying with this subparagraph.
(3)
The office of any state or local elected or appointed official shall be declared
vacant upon a finding by the State Ethics Commission, or successor entity, that
such person is not eligible to hold such office pursuant to the provisions of
this subparagraph. The vacancy created in any such office shall be filled as
provided by this Constitution or any general or local
law."
SECTION
2.
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 revise and strengthen the
provisions making tax defaulters ineligible for public office and provide for
the release of otherwise confidential tax information for purposes of
enforcement?"
|
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.