05 LC 21 8318S (SCS)
Senate
Bill 43
By:
Senators Wiles of the 37th and Douglas of the 17th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of
Georgia Annotated, relating to the Georgia Student Finance Authority, so as to
provide a short title; to establish the Georgia HERO (Helping Educate Reservists
and their Offspring) Scholarship; to provide for definitions; to provide for
scholarship grants; to provide for application procedures; to provide for rules
and regulations; to provide for related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to the Georgia Student Finance Authority, is amended by
adding immediately after Subpart 10 a new Subpart 10A to read as
follows:
"Subpart
10A
20-3-485.
This
subpart shall be known and may be cited as the 'Wiles-Harbison-Harp Veterans
Education Act of 2005.'
20-3-486.
As
used in this subpart, the term:
(1)
'Approved school' means a school which is a unit of the University System of
Georgia or a branch of the Georgia Department of Technical and Adult Education,
or a private independent nonprofit postsecondary institution eligible for HOPE
Scholarships or grants in accordance with the provisions of Code Sections
20-3-519 through 20-3-519.12.
(2)
'Eligible student' means a person who:
(A)(i)
Is enrolled as a full-time or part-time student in an approved
school;
(ii)
Meets residency requirements to be classified as a legal resident of Georgia as
established pursuant to regulations of the authority and who remains a citizen
of the state while receiving funds under this subpart; and
(iii)
Is a member of the Georgia National Guard as such term is defined in Code
Section 38-2-3 or a member of a reserve component of the armed forces of the
United States, which member has completed at least one qualifying term of
service; or
(B)
Is a child:
(i)
Whose parent was a member of the Georgia National Guard as such term is defined
in Code Section 38-2-3 or a member of a reserve component of the armed forces of
the United States, including a deceased member, which member completed at least
one qualifying term of service;
(ii)
Who was born prior to such qualifying term of service or within nine months of
the beginning of such qualifying term of service; and
(iii)
Is 25 years of age or younger who is enrolled as a full-time or part-time
student in an approved school.
(3)
'Georgia HERO Scholarship' means a Georgia Helping Educate Reservists and their
Offspring Scholarship grant as provided for in Code Section
20-3-487.
(4)
'Parent' means the biological parent, adoptive parent, or legal guardian of a
person 25 years of age or younger during the qualifying term of
service.
(5)
'Qualifying term of service' means deployment overseas for active service on or
after the effective date of this subpart to a location or locations outside of
the United States and its territories designated by the United States Department
of Defense as a combat zone for a consecutive period of at least 181 days or, in
the case of an individual who is killed or receives a 100 percent disability as
a result of injuries received in such combat zone, any period of time on active
service in such combat zone.
20-3-487.
(a)
There is granted to each eligible student under subparagraph (A) of paragraph
(2) of Code Section 20-3-486 attending an approved school a Georgia HERO
Scholarship grant for a maximum of four award years in the sum of $2,000.00 per
award year. No person shall be eligible to receive grant assistance provided
under this subsection in excess of $8,000.00.
(b)
There is granted to each eligible student under subparagraph (B) of paragraph
(2) of Code Section 20-3-486 attending an approved school a Georgia HERO
Scholarship grant in the sum of $2,000.00 per award year. Such student shall be
eligible for one award year for each period of 181 consecutive days that his or
her parent was deployed overseas on active service on or after the effective
date of this subpart to a location or locations outside of the United States and
its territories designated by the United States Department of Defense as a
combat zone; provided, however, that a student whose parent was killed or
received a 100 percent disability as a result of injuries received in such
combat zone shall receive up to a maximum of four award years regardless of the
time such
student́s
parent was on active service in such combat zone. No person shall be eligible
to receive grant assistance provided under this subsection in excess of
$8,000.00.
(c)
Grant assistance to eligible students under this subpart shall be payable on a
pro rata basis based upon whether the student is enrolled full time or part time
and the number of semesters or quarters of enrollment. The payment of grants to
eligible students under this subpart shall be contingent upon the appropriation
of funds by the General Assembly for the purposes of this subpart in annual
appropriations Acts of the General Assembly.
20-3-488.
(a)
Any person meeting the conditions of this subpart may apply to the authority for
a grant. Such application shall be submitted in writing on forms prescribed by
the authority for such purpose. The applicant shall furnish such information as
may be required by the authority for determination of eligibility for the grant.
The authority shall approve grant renewals only upon receipt of the
recipient́s
application therefor and upon a finding that the recipient has successfully
completed the work of the preceding school period and presents evidence that he
or she is a student in good standing at the approved school, that he or she
remains a resident of this state, and that he or she remains otherwise qualified
to receive such grant under this subpart.
(b)
The authority is authorized to prescribe such rules and regulations as may be
necessary or convenient for administration of this program and to establish
procedures for determination of eligibility of applicants. The authority is
also authorized to establish standards and procedures for verifying the service
of the applicant or the
applicant́s
parent, as appropriate, in a combat zone for the requisite period of
time."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.