07 LC 28
3725S
The
Senate Higher Education Committee offered the following substitute to HB
311:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating
to postsecondary education, so as to provide that revenue collected from tuition
in the university system shall not lapse; to revise certain definitions; to
provide a time period for the application for grants and the termination of
grant eligibility; 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.
Chapter
3 of Title 20 of the Official Code of Georgia Annotated, relating to
postsecondary education, is amended by revising Code Section 20-3-86, relating
to nonlapsing revenue of institutions in university system, as
follows:
"20-3-86.
Revenue
collected by any or all institutions in the university system from
tuition,
departmental sales or services, continuing education fees, technology fees, or
indirect cost recoveries shall not lapse.
The amount of
revenue from tuition that shall not lapse under this Code section shall not
exceed 3 percent of the tuition collected.
This Code section shall stand repealed on June 30,
2011."
SECTION
2.
Said
chapter is further amended by revising Code Section 20-3-485, relating to
definitions, as follows:
"20-3-485.
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;
(C)
Is a spouse of a deceased member of the Georgia National Guard as such term is
defined in Code Section 38-2-3 who was killed or sustained a 100 percent
disability in a combat zone or as a result of injuries received in a combat
zone, which member completed at least one qualifying term of service;
or
(D)
Is a spouse of a deceased member of a reserve component of the armed forces of
the United States who was killed or sustained a 100 percent disability in a
combat zone or as a result of injuries received in a combat zone, which member
completed at least one qualifying term of
service."
(3)
'Georgia HERO Scholarship' means a Georgia Helping Educate Reservists and their
Offspring Scholarship grant as provided for in Code Section
20-3-486.
(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
July 1,
2002, 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
cumulative
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; provided,
however, that any person who fails to serve the full 181 consecutive days
because he or she was evacuated from the combat zone due to severe injuries
shall be deemed to have completed a qualifying term of
service."
SECTION
3.
Said
subpart is further amended by revising Code Section 20-3-486, relating to grants
to eligible students, as follows:
"20-3-486.
(a)
There is granted to each eligible student under subparagraph (A) of paragraph
(2) of Code Section 20-3-485 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.
Applications
for grants under this subsection must be made before July 1, 2009, or within two
years after the date the student returned from the combat zone in which the
student completed his or her qualifying term of service, whichever is later, and
grant eligibility shall terminate eight years after the date the student
returned from the combat zone in which the student completed his or her
qualifying term of service.
(b)
There is granted to each eligible student under subparagraph (B) of paragraph
(2) of Code Section 20-3-485 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
cumulative
days that his or her parent was deployed overseas on active service on or after
May 3,
2005
July 1,
2002, 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 student´s 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.
Applications
for grants under this subsection must be made before July 1, 2009, or within two
years after the student becomes eligible, whichever is later, and grant
eligibility shall terminate eight years after the student becomes
eligible.
(c)
There is granted to each eligible student under subparagraph (C) or (D) of
paragraph (2) of Code Section 20-3-485 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 four award years. No person shall be eligible to
receive grant assistance provided under this subsection in excess of $8,000.00.
Applications for the initial grant under this subsection must be made before
July 1, 2009, or not later than two years following the death of the spouse,
whichever is later, and no grant shall be issued later than eight years after
the initial grant is issued.
(c)
(d)
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."
SECTION
4.
This
Act shall become effective on July 1, 2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.