HB56: HB56 Education; grants to spouses of law enforcement officers, firefighters, and prison guards who are killed or permanently disabled in the line of duty; provide

25 LC 61 0178S House Bill 56 (COMMITTEE SUBSTITUTE) By: Representatives Petrea of the 166th, Seabaugh of the 34th, Hitchens of the 161st, Sainz of the 180th, and Lumsden of the 12th A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Of ficial Code of Georgia1 Annotated, relating to the Georgia Student Finance Authority, s o as to provide for tuition2 grants to children and spouses of certain public employees killed or permanently disabled in3 the line of duty; to provide for charitable contributions to th e Georgia Student Finance4 Authority for such grants; to expand eligibility for the Public Safety Memorial Grant to5 provide for tuition grants to children and spouses of emergency medical technicians,6 firefighters, highway emergency response operators, law enforce ment officers, and prison7 guards who are killed or permanently disabled in the line of duty; to provide for tuition grants8 to children and spouses of public school employees and public school teachers who are killed9 or permanently disabled by an act of violence in the line of duty; to provide definitions; to10 provide for maximum grant amounts; to provide for eligibility; to provide for an application11 process; to provide for grant renewals; to provide for rules an d regulations; to provide for12 related matters; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 H. B. 56 - 1 - 25 LC 61 0178S PART I15 SECTION 1-1.16 Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Co de of Georgia Annotated,17 relating to the Georgia Student Finance Authority, is amended b y revising Code Section18 20-3-316.2, relating to voluntary donations through state incom e tax returns and drivers'19 license fees benefitting children of certain public servants seeking postsecondary education,20 as follows:21 "20-3-316.2.22 (a)(1) Each Georgia income tax return form for taxable years b eginning on or after23 January 1, 2017 2026, shall contain appropriate language, to be determined by the state24 revenue commissioner, offering the taxpayer th e opportunity to make a charitable25 contribution to the Georgia Student Finance Authority to provid e financial assistance26 toward the postsecondary educational costs of the children and spouses o f l a w27 enforcement officers, firefighters, paramedics, emergency medical technicians, and prison28 guards employed by the state or other public employer, and Highway Emergency29 Response Operators of the Department of Transportation who were permanently disabled30 or killed in the line of duty and the children and spouses of public school employees and31 public school teachers who were killed or permanently disabled by an act of violence in32 the line of duty by either donating all or any part of any tax refund due and authorizing33 a reduction in the refund check otherwise payable or contributing any amount over and34 above any amount of tax owed by adding that amount to the taxpa yer's payment. The35 instructions accompanying the income tax return shall include a description of the36 intended use of the moneys received from the contributions. Each taxpayer required to37 file a state income tax return who desires to make a charitable contribution to the Georgia38 Student Finance Authority may designate such contribution as pr ovided on the39 appropriate income tax return form.40 H. B. 56 - 2 - 25 LC 61 0178S (2) The Department of Revenue shall determine annually the total amount so contributed41 and shall transmit such amount to the Georgia Student Finance Authority.42 (b) Beginning January 1, 2017 2026, the Department of Driver Services shall, through43 appropriate language on its forms for the issuance and renewal of drivers' licenses and44 identification cards, offer individuals the opportunity to make a voluntary charitable45 contribution of $1.00, $5.00, or $10.00 to the Georgia Student Finance Authority to provide46 financial assistance toward the postsecondary educational costs of the children and spouses47 of law enforcement officers, firefighters, paramedics, emergency medical technicians, and48 prison guards employed by the state or other public employer, and Highway Emergency49 Response Operators of the Department of Transportation who were permanently disabled50 or killed in the line of duty and the children and spouses of public school employees and51 public school teachers who were killed or permanently disabled by an act of violence in the52 line of duty. The form shall contain a description of the intended use of moneys received53 from the contributions. Each individual who desires to make a charitable contribution may54 designate such contribution on the appropriate form, and the Department of Driver Services55 shall accept such contribution. The Department of Driver Servi ces shall determine56 annually the total amount so contributed, shall withhold therefrom a reasonable amount for57 administering this voluntary charitable contribution program, and shall transmit the balance58 to the Georgia Student Finance Authority for funding, in whole or in part, the59 postsecondary educational costs of such students. If, in any t ax year, the administrative60 costs of the Department of Driver Services for collecting charitable contributions pursuant61 to this subsection exceed the sum of such contributions, the administrative costs which the62 Department of Driver Services is authorized to withhold from such contributions shall not63 exceed the sum of such contributions."64 H. B. 56 - 3 - 25 LC 61 0178S PART II65 SECTION 2-1.66 Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Co de of Georgia Annotated,67 relating to the Georgia Student Finance Authority, is amended in Subpart 7, relating to grants68 to children of law enforcement officers, firefighters, and pris on guards, by revising Code69 Section 20-3-450, relating to legislative findings and purpose of subpart, as follows:70 "20-3-450.71 The General Assembly finds that certain citizens are called upon to enforce the criminal72 laws of this state and to protect persons and properties within t h e s t a t e a n d t h a t t h e y73 provide a valuable and vital public service to the state and to citizens and properties within74 the state at a great personal s acrifice and risk to their own l ives and well-being. The75 purpose of the General Assembly, as provided for in this subpart, is to enable the authority76 to provide educational grant assistance to the children and spouses of such persons who are77 killed or permanently disabled in the line of duty."78 SECTION 2-2.79 Said part is further amended by revising Code Section 20-3-451, relating to definitions, as80 follows:81 "20-3-451.82 As used in this subpart, the term:83 (1) 'Academic year' means a period of time, typically nine months, in which a full-time84 student is expected to complete the equivalent of at least two semesters' or three quarters'85 academic work nine or more credit hours per term or semester or in which a p art-time86 student is expected to complete the equivalent of eight or fewer credit hours per term or87 semester.88 H. B. 56 - 4 - 25 LC 61 0178S (2) 'Approved school' means the same schools as enumerated in Code Section 20-3-39189 relative to the state student incentive grant program shall have the same meaning as the90 term 'eligible postsecondary institution' as set forth in Code Section 20-3-519.91 (3) 'Eligible student' means a person who qualifies for an edu cational grant under this92 subpart.93 (4) 'Emergency medical technician' means a person employed by the state or by a county,94 municipality, or other political subdivision of the state who h as been certified as an95 emergency medical technician, cardiac technician, or paramedic pursuant to Chapter 1196 of Title 31.97 (5) 'Firefighter' means a person employed, appointed, or regularly enrolled by the state98 or by any county or municipal fire department whose duties include extinguishing fires99 or investigating cases of suspected arson.100 (6) 'Highway emergency response operator' means an individual employed by the101 Department of Transportation who operates a towing or recovery vehicle or highway102 maintenance vehicle.103 (7) 'In the line of duty' means:104 (A) With respect to an emergency medical technician, when performing services for105 and receiving compensation from the public agency which employs such emergency106 medical technician or when performing emergency medical services;107 (B) With respect to a firefighter, when responding to or returning from a fire or other108 emergency, performing duties during any fire or other emergency, or performing duties109 intended to protect life and property, including, without limitation, actual participation110 in a training exercise;111 (C) With respect to a highway emergency response operator, when performing services112 for and receiving compensation from the Department of Transportation;113 (D) With respect to a law enforcement officer, when performing services for the law114 enforcement agency which employs such officer, responding to an y situation which115 H. B. 56 - 5 - 25 LC 61 0178S would save a life or preserve the peace, or preventing or attem pting to prevent the116 commission of a crime; or117 (E) With respect to a prison guard, when performing services f or and receiving118 compensation from the public agency which employs such prison guard.119 (4)(8) 'Law enforcement officer' means a sheriff, deputy sheriff, po lice officer,120 policeman, peace officer, officer or member of the Department of Public Safety, or other121 officer or official who has the power of arrest and who is responsible for enforcing the122 criminal laws of the state or its political subdivisions.123 (5)(9) 'Permanent disability' or 'permanently disabled' means physic al incapacity to124 perform the duties of a law enforcement officer, firefighter, or prison guard, emergency125 medical technician, or highway emergency response operator as determined by the public126 employer designated in paragraph (3) of Code Section 20-3-453, provided that such127 incapacity is likely to be permanent based upon current medical standards.128 (6)(10) 'Prison guard' means a person employed by the state or by a county, municipality,129 or other political subdivision of the state whose principal duties relate to supervision and130 incarceration of persons accused or convicted of violation of the criminal laws of the state131 or any county, municipality, or other political subdivision thereof."132 SECTION 2-3.133 Said part is further amended by revising Code Section 20-3-452, relating to amount of grants134 to each eligible student, as follows:135 "20-3-452.136 There is granted to each eligible student attending an approved school the sum of $2,000.00137 no more than $18,000.00 per academic year. No person shall be eligible to receive grant138 assistance provided under this subpart in excess of $8,000.00 $72,000.00. Grant assistance139 to eligible students under this subpart shall be payable during the period of a summer140 school quarter or semester. The payment of grants to eligible students under this subpart141 H. B. 56 - 6 - 25 LC 61 0178S shall be contingent upon the appropriation of funds by the Gene ral Assembly for the142 purposes of this subpart in annual appropriations Acts of the General Assembly."143 SECTION 2-4.144 Said part is further amended by revising Code Section 20-3-453, relating to eligibility of145 students, as follows:146 "20-3-453.147 No grants shall be payable to any person under this subpart who fails to meet any of the148 following qualifications or restrictions:149 (1) Such person must shall be the child, either natural or adopted, or the spouse of a law150 enforcement officer, firefighter, or prison guard, emergency medical technician, or151 highway emergency response operator who has been permanently disabled or killed in152 the line of duty or while performing the duties to which he or she was assigned in the153 normal course of employment . If such person is the adopted child of any such law154 enforcement officer, firefighter, or prison guard, emergency medical technician, or155 highway emergency response operator, such person must shall have been adopted and156 any final order of adoption issued prior to the date of the acc ident or event causing the157 death or permanent disability of such parent;158 (2) Such person must shall have been a citizen of this state for a period of at least 12159 months immediately prior to the date of registration in an approved school and must shall160 remain a citizen of the this state while receiving funds under this subpart;161 (3) The deceased or disabled law enforcement officer, firefighter, or prison guard parent162 or spouse of such person must shall have been an employee, either full-time or part-time,163 or an officer or official, whether elected or appointed, of employed, appointed, or164 regularly enrolled by this state or any county, municipality, department, board, bureau,165 branch, agency, commission, authority, or political subdivision of the state on the date166 of the accident or event from which death or permanent disability resulted; and167 H. B. 56 - 7 - 25 LC 61 0178S (4) Any person otherwise meeting the conditions of this subpar t shall be eligible to168 receive a grant even though the accident or the event causing t he death or disability of169 such person's parent or spouse occurred prior to July 1, 1980 2025."170 SECTION 2-5.171 Said part is further amended by revising Code Section 20-3-455, relating to administration172 of program and physical examinations, as follows:173 "20-3-455.174 The authority is authorized to prescribe such rules and regulations as may be necessary or175 convenient for administration of this program and to establish procedures for determination176 of eligibility of applicants. The authority is also authorized to establish standards and177 procedures for verifying the death or permanent disability of t he applicant's parent or178 spouse and for such purpose is authorized to require a physical examination and to pay for179 the cost of such examination from funds appropriated for use by the authority for the180 purposes of this subpart."181 PART III182 SECTION 3-1.183 Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Co de of Georgia Annotated,184 relating to the Georgia Student Finance Authority, is amended by adding a new subpart to185 read as follows:186 "Subpart 7C187 20-3-466.188 (a) As used in this Code section, the term:189 H. B. 56 - 8 - 25 LC 61 0178S (1) 'Academic year' means a period of time, typically nine months, in which a full-time190 student is expected to complete the equivalent of at least nine or more credit hours per191 term or semester or in which a part-time student is expected to complete the equivalent192 of eight or fewer credit hours per term or semester.193 (2) 'Act of violence' means a willful act of violence.194 (3) 'Approved school' shall have the same meaning as the term 'eligible postsecondary195 institution' as set forth in Code Section 20-3-519.196 (4) 'Authority' means the Georgia Student Finance Authority.197 (5) 'Eligible student' means a person who qualifies for an edu cational grant under this198 Code section.199 (6) 'In the line of duty' means while on duty and performing services for and receiving200 compensation from the local education agency which employs such public school teacher201 or public school employee.202 (7) 'Local education agency' shall have the same meaning as set forth in subsection (a)203 of Code Section 20-2-167.1.204 (8) 'Permanent disability' means disability due to:205 (A) Loss of both eyes or blindness in both eyes with only light perception;206 (B) Loss or loss of use of both hands;207 (C) Loss or loss of use of both legs;208 (D) Loss of a lower extremity or residuals of organic disease or injury which so affect209 the functions of balance or propulsion as to preclude locomotio n without resort to a210 wheelchair; or211 (E) Organic brain damage resulting from direct physical trauma incurred after July 1,212 2001, which so affects the mental capacity as to preclude the a bility to function213 productively in any employment.214 (9) 'Public school employee' shall have the same meaning as set forth in Code Section215 20-2-910.216 H. B. 56 - 9 - 25 LC 61 0178S (10) 'Public school teacher' shall have the same meaning as se t forth in Code Section217 20-2-880.218 (b) There is granted to each eligible student attending an approved school the sum of no219 more than $18,000.00 per academic year. No person shall be eli gible to receive grant220 assistance provided under this Code section in excess of $72,000.00. Grant assistance to221 eligible students under this Code section shall be payable during the period of a summer222 school quarter or semester. The payment of grants to eligible students under this Code223 section shall be contingent upon the appropriation of funds by the General Assembly for224 the purposes of this Code section in annual appropriations Acts of the General Assembly.225 (c) No grants shall be payable to any person under this Code section who fails to meet any226 of the following qualifications or restrictions:227 (1) Such person shall be the child, either natural or adopted, or the spouse of a public228 school teacher or public school employee who has been killed by an act of violence in the229 line of duty or who has a permanent disability due to an act of violence in the line of duty. 230 If such person is the adopted child of any such public school t eacher or public school231 employee, such person shall have been adopted and any final ord er of adoption issued232 prior to the act of violence causing the death or permanent disability of such parent;233 (2) Such person shall have been a citizen of this state for a period of at least 12 months234 immediately prior to the date of registration in an approved sc hool and shall remain a235 citizen of this state while receiving funds under this Code section;236 (3) The parent or spouse of such person shall have been a publ ic school employee or237 public school teacher on the date of the act of violence from which death or permanent238 disability resulted; and239 (4) Any person otherwise meeting the conditions of this Code section shall be eligible240 to receive a grant even though the act of violence causing the death or permanent241 disability of such person's parent or spouse occurred prior to July 1, 2025.242 H. B. 56 - 10 - 25 LC 61 0178S (d) Any person meeting the conditions of this Code section may apply to the authority for243 a grant. Such application shall be submitted in writing on forms prescribed by the authority244 for such purpose. The applicant shall furnish such information as may be required by the245 authority for determination of eligibility for the grant. The authority shall approve grant246 renewals only upon receipt of the recipient's application therefor and upon a finding that247 the recipient has successfully completed the work of the preced ing school period and248 presents evidence that he or she is a student in good standing, that he or she remains a249 citizen of this state, and that he or she remains otherwise qua lified to receive such grant250 under this Code section.251 (e) The authority is authorized to prescribe such rules and regulations as may be necessary252 or convenient for administration of this Code section and to es tablish procedures for253 determination of eligibility of applicants. The authority is a lso authorized to establish254 standards and procedures for verifying the death or permanent disability of the applicant's255 parent or spouse and for such purpose is authorized to require a physical examination and256 to pay for the cost of such examination from funds appropriated for use by the authority for257 the purposes of this Code section."258 PART IV259 SECTION 4-1.260 All laws and parts of laws in conflict with this Act are repealed.261 H. B. 56 - 11 -