08 LC 33
2520S
House
Bill 831 (COMMITTEE SUBSTITUTE)
By:
Representative Setzler of the
35th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to provide for a grant program
under the State Board of Education with respect to qualified donations for the
purchase of real property or capital outlay for charter schools; to provide for
a short title; to provide for procedures, conditions, and limitations; to
provide for powers, duties, and authority of the State Board of Education with
respect to the foregoing; to provide for rules and regulations; to provide an
effective date; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding a new article to read as
follows:
"ARTICLE
31B
20-2-3010.
This
article shall be known and may be cited as the 'Charter School Capital Finance
Act.'
20-2-3011.
As
used in this article, the term:
(1)
'Capital outlay' includes, but is not necessarily limited to, expenditures which
result in the acquisition of fixed assets, existing buildings, improvements to
sites, construction of buildings, construction of additions to buildings,
retrofitting of existing buildings for energy conservation, and initial and
additional equipment and furnishings for educational facilities.
(2)
'Charter school' means a charter school:
(A)
As defined in paragraph (3) of Code Section 20-2-2062; or
(B)
Authorized by a state entity pursuant to other statutory authority.
(3)
'Qualified charter school contributions' means the donation of funds by a
taxpayer to a qualified charter school organization for the purchase of real
property and for capital outlay for a charter school. Such donations shall only
be deemed qualified for purposes of this article if any real property purchased
for a charter school with the proceeds donated pursuant to this article or any
charter school constructed or expanded with proceeds donated pursuant to this
article shall have title held by the state board or, if approved by the state
board, a local board of education or other state or local government
entity.
(4)
'Qualified charter school organization' means a charitable organization in this
state that is exempt from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code which is approved by the state board to provide funds for
the purchase of real property for capital outlay for charter schools in this
state.
(5)
'State board' means the State Board of Education.
20-2-3012.
Subject
to appropriations by the General Assembly, the state board shall establish a
grant program for qualified charter school contributions. The grant program
shall provide one dollar in matching funds up to a maximum amount authorized by
the state board for a single charter school project for each dollar donated to a
qualified charter school organization for such project; provided, however, that
the total amount to a qualified charter school organization for a single charter
school project shall not exceed 75 percent of the average per student state
portion of capital outlay funding provided pursuant to Code Section 20-2-260
multiplied by the number of students that the charter school project was
designed to serve.
20-2-3013.
If
appropriations are made by the General Assembly specifically for this program,
the state board shall establish a date certain on which all matching funds shall
be committed by a qualified charter school organization in order to be eligible
for the state portion provided pursuant to this article.
20-2-3014.
The
state board shall adopt policies, guidelines, and standards regarding the
construction of charter schools that are constructed in part with contributions
made to qualified charter school organizations which, to the extent applicable,
shall be consistent with state board policies, guidelines, and standards
governing construction of other public schools. The state board shall compile
an annual report to the Governor forecasting the amount of requests for matching
funds made pursuant to this article. Such report shall be made available to any
member of the General Assembly upon request.
20-2-3015.
The
state board shall be authorized to promulgate any rules and regulations
necessary to implement and administer the provisions of this
article."
SECTION
2.
This
Act shall become effective July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.