The House Committee on Higher Education offers the following substitute to HB 1300:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20, 31, 47, 48, and 50 of the Official Code of Georgia Annotated, relating
to education, health, retirement and pensions, revenue and taxation, and state government,
respectively, so as to amend various provisions relating to higher education; to establish the
DREAMS scholarship; to provide for policies; to provide for eligibility; to create an
endowment fund for such scholarship; to provide for reports; to provide for the inclusion of
advanced fine arts courses in the calculation of grade point averages for determining student
eligibility for the HOPE scholarships and other scholarships; to provide for an exception; to
require the possession of opioid antagonists by institutions within the University System of
Georgia and units within the Technical College System of Georgia; to provide for
definitions; to provide for possession of opioid antagonists by certain individuals; to require
the maintenance of a stock supply of opioid antagonists; to provide for the use and location
of opioid antagonist storage compartments; to authorize certain personnel to administer
opioid antagonists and carry opioid antagonists; to provide for immunity; to provide that
neither civil liability nor professional discipline shall accrue to personnel, the systems, or
institutions or units thereof; to make conforming changes; to establish a scholarship for
students enrolled medical school; to provide for eligibility; to provide terms and conditions;
to modify the maximum contribution limit for savings trust accounts under the Georgia
Higher Education Savings Plan; to create a deduction from taxable net income for
contributions to certain qualified tuition programs; to provide for publication of list of
qualified tuition programs; to provide for automatic repeal; to exclude part-time students
from membership in the Georgia Defined Contribution Plan; to modify provisions relating
to the minimum reserve amount of the lottery shortfall reserve; to provide for effective dates
and applicability; to provide definitions; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 20 of the Official Code of Georgia Annotated, relating to education is amended in
Part 3 of Article 7 of Chapter 3, relating to the Georgia Student Finance Authority, by adding
a new subpart to read as follows:
<ins>"Subpart 2B
20-3-367.
As used in this subpart, the term:
(1) 'Academic year,' 'first professional degree program,' 'matriculated status,' 'quarter
hours,' and 'semester hours' shall have the same meanings as set forth in Code
Section 20-3-519.
(2) 'Cost of attendance' means the estimate of a student's educational expenses as
calculated by the eligible postsecondary institution at which such student is enrolled
pursuant to Title IV.
</ins>
<ins>(3) 'DREAMS scholarship' or 'scholarship' means the Dedicating Resources to
Educationally Advance More Students (DREAMS) scholarship provided for in this
subpart.
(4) 'DREAMS Scholarship Endowment Fund' or 'endowment fund' means the DREAMS
Scholarship Endowment Fund provided for in Code Section 20-3-367.2.
(5) 'Eligible postsecondary institution' means:
(A) An institution of the University System of Georgia; and
(B) A unit of the Technical College System of Georgia.
(6) 'Financial aid' means all scholarships and grants awarded to a student, excluding the
DREAMS scholarship.
(7) 'Grade point average' means the grade point average calculated by the commission
for purposes of the HOPE scholarship provided for in Part 7 of this article.
(8) 'Student aid index' means the student aid index calculated in accordance with
Title IV.
(9) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended,
20 U.S.C. Section 1070, et seq.
(10) 'Unmet financial need' means the amount of the cost of attendance remaining after
the student aid index and all other financial aid received by the student have been applied.
20-3-367.1.
(a) To be eligible for a DREAMS scholarship, a student seeking an undergraduate degree
at an eligible postsecondary institution shall:
(1) Meet the requirements provided for in paragraph (1) of subsection (a) and
subsection (b) of Code Section 20-3-519.1;
(2) Complete the Free Application for Federal Student Aid (FAFSA);
(3) Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate student in a matriculated status;
</ins>
<ins>(4) Be enrolled for not less than six semester hours, or the equivalent quarter hours, in
any given semester or quarter;
(5) Have not yet earned a baccalaureate or first professional degree; and
(6) Have unmet financial need.
(b) To maintain eligibility for a scholarship under this subpart, a student shall:
(1) Continue to meet the eligibility requirements provided for in subsection (a) of this
Code section; and
(2) Maintain a minimum 2.0 grade point average and satisfactory academic progress in
accordance with the standards and practices used for Title IV programs by the institution
at which such student is enrolled.
(c) Using moneys from the endowment fund, the authority shall provide scholarships to
eligible students in accordance with the following conditions:
(1) The maximum award amount per student per academic year shall be $3,000.00;
provided, however, that no student shall be awarded an amount that is more than such
student's unmet financial need; and
(2) No student shall receive a scholarship award for more than eight semesters or 12
quarters.
(d) Each student who is awarded a scholarship shall:
(1) Complete a financial literacy course; and
(2) Be engaged in paid or unpaid work at least part-time, which may include, but shall
not be limited to, employment, an internship or externship, volunteer work, or military
service.
20-3-367.2.
(a) There is created the DREAMS Scholarship Endowment Fund as a separate fund in the
state treasury. The endowment fund shall be administered by the authority. Moneys in the
endowment fund shall be used only as provided for in this subpart. All appropriations
</ins>
<ins>made by the General Assembly for the scholarship and all public or private grants, gifts,
donations, or contributions received for the scholarship shall be credited to the endowment
fund. Unless specifically designated otherwise, all moneys credited to the endowment fund
shall be credited to the principal account. All moneys appropriated or otherwise paid or
credited to the endowment fund shall be presumptively concluded to have been committed
to the purpose for which they have been appropriated, paid, or credited and shall not lapse.
(b) Three separate accounts shall be created within the endowment fund:
(1) The principal account shall constitute the permanent endowment corpus. Except as
otherwise provided in this Code section, moneys credited to such account shall not be
appropriated, transferred, expended, encumbered, or otherwise diverted. The authority
shall determine the minimum amount of moneys needed in the principal account in order
to produce sufficient funds to sustain scholarship awards;
(2) The scholarship account shall consist of moneys allocated to such account pursuant
to the spending policy adopted by the authority. Moneys in such account shall be used
to provide scholarship awards in accordance with this subpart; and
(3) The transitional scholarship account shall consist of funds appropriated for
scholarship awards during the first two fiscal years of the scholarship. Moneys in such
account shall be used to provide scholarships in accordance with this subpart.
(c) The authority shall adopt an investment policy which provides for the investment of
moneys in the principal account as a pooled portfolio in accordance with prudent investor
standards applicable to public trust funds. Such investment policy shall include provisions
to preserve and grow the long-term value of the principal account while promoting the
stability and sustainability of scholarship awards.
(d) In the event of a shortfall in moneys available for scholarship awards compared with
projected expenditures for scholarship awards over the same period, and if such shortfall
will have a materially adverse effect on scholarship awards, the authority shall be
authorized to adopt an emergency stabilization authorization to allow the distribution or
</ins>
<ins>transfer of moneys from the principal account so as to mitigate any reduction in such
awards. Such authorization shall:
(1) Require a two-thirds' majority vote of the board of the authority for adoption;
(2) Be limited to the minimum amount necessary to mitigate any reduction in awards;
(3) Not be used to permanently increase award levels;
(4) Provide for the principal account to be replenished to not less than the minimum
amount determined by the authority pursuant to paragraph (1) of subsection (b) of this
Code section; and
(5) Expire within one year; provided, however, that this shall not prohibit consecutive
emergency stabilization authorizations.
(e) The authority shall adopt a spending policy which provides for the allocation of
earnings to the principal account and to the scholarship account at the end of each fiscal
year. Such spending policy shall:
(1) Require that earnings allocated to the principal account shall be used to grow the
permanent endowment corpus in accordance with the investment policy; and
(2) Require that earnings allocated to the scholarship account shall be used to provide
scholarships in accordance with Code Section 20-3-367.1
(f) During the first two fiscal years following capitalization of the endowment fund,
scholarship awards shall be paid from the transitional scholarship account. The transitional
scholarship account shall terminate at the end of the second fiscal year following
capitalization of the fund, and any remaining moneys shall be transferred to the principal
account. In the third fiscal year following capitalization of the fund and each fiscal year
thereafter, scholarship awards shall be paid from the scholarship account.
(g) Not later than December 1 of the second fiscal year following capitalization of the fund
and each fiscal year thereafter, the authority shall prepare and publish on its website an
annual report regarding the endowment fund for the immediately preceding fiscal year.
Such report shall include the endowment fund's market value, investment performance,
</ins>
<ins>scholarship distributions, any distributions or transfers from the principal account, and
confirmation of compliance with the requirements of this Code section and the policies
adopted pursuant to this Code section.
20-3-367.3.
Not later than December 1 each year, the authority shall provide a report on the DREAMS
scholarship and the endowment fund to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the chairpersons of the House Committee on
Higher Education and the Senate Higher Education Committee, the chancellor of the
University System of Georgia, and the commissioner of the Technical College System of
Georgia."
</ins> PART II
SECTION 2-1.
Said title is further amended in Code Section 20-2-157, relating to uniform reporting system
for certain purposes, dual credit courses, and academic eligibility requirements to receive
HOPE scholarship, by revising subsection (a.1), paragraph (3.1) of subsection (b), and
paragraph (3) of subsection (c) as follows:
"(a.1) As used in this Code section, the term:
<ins>(1) 'Dual</ins> <del>'dual</del> credit course' shall have the same meaning as in Code Section 20-2-161.3.
<ins>(2) 'Advanced fine arts' means an advanced fine arts course that includes a standardized
end-of-course assessment written and graded by a third party and for which the
Department of Education has designated a unique course number and name indicating
that such course is classified as advanced."
</ins> "(3.1) For students otherwise qualified and enrolling in the ninth grade for the first time
during the 2008-2009 school year and thereafter, the Georgia Student Finance
Commission shall calculate grade point averages for determining eligibility for the HOPE
scholarship and other scholarships referenced in this Code section by equating each grade
for a student in attempted coursework in English, mathematics, science, social studies,
<ins>advanced fine arts,</ins> and foreign language during the student's ninth, tenth, eleventh, or
twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B'
= 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for
coursework that is classified as advanced placement, a dual credit course, or international
baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission
in calculating the overall grade point averages for students, provided that the weighting
of such course grades is uniformly applied to all students in this state taking the specified
coursework. The sum of the equated grades shall be divided by the number of course
grades, adjusted for term length, to yield a grade point average on a 4.0 scale; and"
"(3) The Georgia Student Finance Commission shall calculate a grade point average for
the purpose of determining eligibility for the HOPE scholarship from these electronic
transcripts and shall notify students of their potential eligibility and high schools as to the
potential eligibility of students; <ins>provided, however, that the Georgia Student Finance
Commission shall not include advanced fine arts course grades in the calculation of any
grade point average for any student who graduated from high school before July 1, 2026."
</ins> PART III
SECTION 3-1.
Said title is further amended in Part 2 of Article 2 of Chapter 3, relating to university system,
by adding a new Code section to read as follows:
<ins>"20-3-88.
(a) As used in this Code section, the term:
(1) 'Automated external defibrillator' means a defibrillator which:
</ins>
<ins>(A) Is capable of cardiac rhythm analysis;
(B) Will charge and be capable of being activated to deliver a countershock after
electrically detecting the presence of certain cardiac dysrhythmias; and
(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a
mechanism for transfer and storage or for printing for review subsequent to use.
(2) 'Community funding source' means local sources of capital provided by local banking
institutions, including credit unions, community foundations, county or municipal
governments, businesses, or residents. Such funding sources may include grants, gifts,
contracts, monetary donations, or loans.
(3) 'Institution' means any college, school, academy, university, or experiment station at
any particular location which forms a part of the university system.
(4) 'Opioid antagonist' shall have the same meaning as set forth in Code
Section 26-4-116.2.
(5) 'Opioid antagonist storage compartment' means the structure in which opioid
antagonists may be stored.
(6) 'University system' means the University System of Georgia.
(b) No student, visitor, or university system employee shall be prohibited from possessing
an opioid antagonist on university system property or at a university system sponsored
activity.
(c) Subject to available funding from community funding sources, each institution shall
acquire and maintain a supply of opioid antagonists in any secure location in such a
quantity to be used for multiple opioid overdose events; provided, however, that, if there
occurs a shortage of opioid antagonists, the institution shall make a reasonable effort to
maintain its supply of opioid antagonists. Any such supply shall be maintained in
accordance with the manufacturer's instructions.
(d) Subject to available funding from community funding sources, each institution
maintaining one or more automated external defibrillators shall maintain opioid antagonists
</ins>
<ins>in an opioid antagonist storage compartment which shall be located within three feet of
such defibrillators or as close as space reasonably allows.
(e) Any university system personnel may administer an opioid antagonist to any person
who the university system personnel believes in good faith to be experiencing an opioid
overdose:
(1) While at an institution;
(2) While at a university system sponsored activity;
(3) While under the supervision of university system personnel; or
(4) Before or after normal institution activities.
(f) Any university system personnel who in good faith administers or chooses not to
administer an opioid antagonist shall be immune from civil liability or professional
discipline for any act or omission to act related to the administration of an opioid
antagonist, except that such immunity shall not apply to an act of willful or wanton
misconduct.
(g) Neither civil liability nor professional discipline shall accrue to university system
personnel and no civil liability shall accrue to the university system or to any institution of
such system due to the removal or misuse of an opioid antagonist or antagonists; provided,
however, that immunity shall not apply to an act of willful or wanton misconduct."
</ins> SECTION 3-2.
Said title is further amended in Article 2 of Chapter 4, relating to technical and adult
education, by adding a new Code section to read as follows:
<ins>"20-4-39.1.
(a) As used in this Code section, the term:
(1) 'Automated external defibrillator' means a defibrillator which:
(A) Is capable of cardiac rhythm analysis;
</ins>
<ins>(B) Will charge and be capable of being activated to deliver a countershock after
electrically detecting the presence of certain cardiac dysrhythmias; and
(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a
mechanism for transfer and storage or for printing for review subsequent to use.
(2) 'Community funding source' means local sources of capital provided by local banking
institutions, including credit unions, community foundations, county or municipal
governments, businesses, or residents. Such funding sources may include grants, gifts,
contracts, monetary donations, or loans.
(3) 'Opioid antagonist' shall have the same meaning as set forth in Code
Section 26-4-116.2.
(4) 'Opioid antagonist storage compartment' means the structure in which opioid
antagonist may be stored.
(5) 'Technical college system' means the Technical College System of Georgia.
(6) 'Unit' means any institution, college, school, academy, or experiment station at any
particular location which forms a part of the technical college system.
(b) No student, visitor, or technical college system employee shall be prohibited from
possessing an opioid antagonist on technical college system property or at a technical
college system sponsored activity.
(c) Subject to available funding from community funding sources, each unit shall acquire
and maintain a supply of opioid antagonists in any secure location in such a quantity to be
used for multiple opioid overdose events; provided, however, that, if there occurs a
shortage of opioid antagonists, the unit shall make a reasonable effort to maintain its supply
of opioid antagonists. Any such supply shall be maintained in accordance with the
manufacturer's instructions.
(d) Subject to available funding from community funding sources, each unit maintaining
one or more automated external defibrillators shall maintain opioid antagonists in an opioid
</ins>
<ins>antagonist storage compartment which shall be located within three feet of such
defibrillators or as close as space reasonably allows.
(e) Any technical college system personnel may administer an opioid antagonist to any
person who the technical college system personnel believes in good faith to be
experiencing an opioid overdose:
(1) While at a unit;
(2) While at a technical college system sponsored activity;
(3) While under the supervision of technical college system personnel; or
(4) Before or after normal unit activities.
(f) Any technical college system personnel who in good faith administers or chooses not
to administer an opioid antagonist pursuant to this Code section shall be immune from civil
liability or professional discipline for any act or omission to act related to the
administration of an opioid antagonist, except that such immunity shall not apply to an act
of willful or wanton misconduct.
(g) Neither civil liability nor professional discipline shall accrue to technical college
system personnel and no civil liability shall accrue to the technical college system or any
unit of such system due to the removal or misuse of an opioid antagonist or antagonists;
provided, however, that immunity shall not apply to an act of willful or wanton
misconduct."
</ins> SECTION 3-3.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code
Section 31-2A-20, relating to accessibility to opioid antagonists in government buildings and
courthouses, guidelines and training, and limitations on liability, by revising subsection (a)
as follows:
"(a) As used in this Code section, the term:
(1) 'Automated external defibrillator' shall have the same meaning as set forth in Code
Section 31-11-53.1.
(2) 'Courthouse' means a building occupied by judicial courts and containing rooms in
which judicial proceedings are held, provided that such building contains an automated
external defibrillator.
(3) 'Government entity' means any state board, commission, agency, or department, or
the governing authority of any county, municipality, or consolidated government, but
such term shall not include local school systems, public schools, charter schools, <del>or
university buildings</del> <ins>the University System of Georgia, or the Technical College System
of Georgia.
</ins> (4) 'Opioid antagonist' shall have the same meaning as set forth in Code
Section 26-4-116.2.
(5) 'Opioid related overdose' shall have the same meaning as set forth in Code
Section 26-4-116.2.
(6) 'Qualified government building' means a building in which a government entity is
housed or meets in its official capacity, including the portion occupied by a government
entity of any building that is not publicly owned, provided that such building contains an
automated external defibrillator, <ins>but such term shall not include a university building.
</ins> (7) 'University building' means any building which forms a part of the University System
of Georgia, including any college or university under the government, control, and
management of the Board of Regents of the University System of Georgia, or any
building under the control of the State Board of the Technical College System of
Georgia."
PART IV
SECTION 4-1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in
Part 6 of Article 7 of Chapter 3, relating to medical scholarships, by designating the existing
provisions of said part as Subpart 2, by replacing "this part" and "This part" with "this
subpart" and "This subpart", respectively, everywhere such terms occur in the new Subpart 2,
and by adding a new subpart to read as follows:
<ins>"Subpart 1
20-3-505.
As used in this subpart, the term:
(1) 'Academic year' and 'full-time' shall have the same meanings as set forth in Code
Section 20-3-519.
(2) 'Applicant' means an individual who applies for a scholarship under this subpart.
(3) 'Authority' means the Georgia Student Finance Authority.
(4) 'Cost of attendance' means the estimate of a student's educational expenses as
calculated by the eligible postsecondary institution at which such student is enrolled
pursuant to Title IV.
(5) 'Eligible applicant' means an applicant who meets the eligibility criteria provided for
in this subpart.
(6) 'Eligible medical school' means a medical school in the University System of
Georgia.
(7) 'Scholarship' means a scholarship provided for in this subpart.
(8) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended,
20 U.S.C. Section 1070, et seq.
</ins>
<ins>20-3-506.
(a) To be eligible for a scholarship under this subpart, an applicant seeking a medical
degree at an eligible medical school shall:
(1) Meet the requirements provided for in paragraph (1) of subsection (a) and
subsection (b) of Code Section 20-3-519.1;
(2) Complete the Free Application for Federal Student Aid (FAFSA);
(3) Meet enrollment standards by being enrolled full-time in an eligible medical school
and making satisfactory academic progress in accordance with the standards and practices
used for Title IV programs by the medical school at which such student is enrolled;
(4) Have not yet earned a medical degree; and
(5) Submit an application for such scholarship.
(b) Subject to appropriations, the authority shall award scholarships to eligible applicants
in accordance with the following terms and conditions:
(1) The maximum award amount per applicant per academic year shall not exceed such
student's cost of attendance;
(2) No applicant shall receive a scholarship award for more than eight semesters; and
(3) Each scholarship awarded pursuant to this subpart shall be conditional upon the
applicant agreeing that the full amount of the scholarship shall be repaid to the State of
Georgia in services to be rendered by such applicant by practicing medicine in this state
for not less than four years after graduation from an eligible medical school.
(c) Before being awarded a scholarship, each eligible applicant shall enter into a contract
with the authority agreeing to the terms and conditions upon which such scholarship is
granted, including such terms and conditions as set forth in this subpart. Each such
contract shall provide that, in the event such recipient does not complete medical school
and fails to receive a medical degree, fails to obtain licensure from the Georgia Composite
Medical Board to practice medicine, or fails to practice medicine in this state in accordance
with the requirements of this subpart, the recipient shall repay any and all scholarship
</ins>
<ins>awards received pursuant to this subpart; provided, however that for each year of practicing
medicine in this state, such applicant shall receive credit for the amount of the scholarship
received during any one year in an eligible medical school."
</ins> PART V
SECTION 5-1.
Said title is further amended in Code Section 20-3-634, relating to savings trust accounts,
availability, and terms and provisions relative to the Georgia Higher Education Savings Plan,
by revising paragraph (1) of subsection (b) as follows:
"(1) The maximum and minimum contribution allowed on behalf of each beneficiary for
the payment of qualified higher education expenses at eligible institutions as defined in
Section 529 of the Internal Revenue Code of 1986 or other applicable federal law;
provided, however, that no additional contributions may be made to a savings trust
account when the total account balance for all accounts for the beneficiary equals or
exceeds <del>$235,000.00</del> <ins>$550,000.00;"
</ins> SECTION 5-2.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
amended in Code Section 48-7-27, relating to computation of taxable net income, by adding
a new paragraph to subsection (a) to read as follows:
<ins>"(11.5)(A)(i) As used in this paragraph, the term 'qualified tuition program' means a
qualified tuition program established and maintained by a state or agency or
instrumentality thereof which is exempt from taxation pursuant to Section 529 of the
Internal Revenue Code of 1986, other than the qualified tuition program established
pursuant to Article 11 of Chapter 3 of Title 20. Such term shall not include a
qualified tuition program established or maintained by another state or agency or
</ins>
<ins>instrumentality thereof unless such state grants an income tax deduction or tax credit
similar to the deduction provided for in this paragraph or in paragraph (11.1) for
contributions made to the qualified tuition program established pursuant to Article 11
of Chapter 3 of Title 20.
(ii) The department shall annually publish a list of qualified tuition programs on its
website.
(B) For taxable years beginning on or after January 1, 2026, and ending on or before
December 31, 2031, an amount equal to the amount of contributions to a qualified
tuition program, but not exceeding $2,000.00 per beneficiary;
(C) If the contributor files a separate return or single return, the sum of contributions
constituting deductions on the contributor's return under this paragraph shall not
exceed $4,000.00 per beneficiary; provided, however, that the sum of contributions
constituting deductions on such contributor's return under this paragraph and
paragraph (11.1) shall not exceed $4,000.00 per beneficiary;
(D) If the contributor files a joint return, the sum of contributions constituting
deductions on the contributor's return under this paragraph shall not exceed $4,000.00
per beneficiary; provided, however, that the sum of contributions constituting
deductions on such contributor's return under this paragraph and paragraph (11.1) shall
not exceed $8,000.00 per beneficiary;
(E) For purposes of this paragraph, contributions or payments for any such taxable year
may be made during or after such taxable year but on or before the deadline for making
contributions to an individual retirement account under federal law for such taxable
year; and
(F) This paragraph shall stand repealed on January 1, 2031."
</ins>
PART VI
SECTION 6-1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is
amended by revising Code Section 47-22-1, relating to definitions regarding the Georgia
Defined Contribution Plan, as follows:
"47-22-1.
As used in this chapter, the term:
(1) 'Accumulated contributions' means the sum of all amounts deducted from the
compensation of a member's salary and credited to such member's individual account in
this plan, together with earnings thereon as provided in this chapter.
(2) 'Board' means the Board of Trustees of the Employees' Retirement System of
Georgia.
(3) 'Defined contribution plan' means a plan which provides for an individual account
for each participant and for benefits based solely on the amount contributed to the
participant's account; any income, expenses, gains, and losses; and any forfeiture of
accounts of other participants which may be allocated to such participant's account, which
plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42
U.S.C. Section 401(a).
(4) 'Employee' means any employee of an employer who is not a member of any public
retirement or pension system created pursuant to this title; provided, however, <ins>that</ins> the
following persons shall not be considered employees under this paragraph:
(A) A person performing services for an institution in which such person is duly
enrolled as a <ins>part-time or</ins> full-time student;
(B) A person performing services for an employer pursuant to a contract as a bona fide
independent contractor; or
(C) Members of any state board or commission.
(5) 'Employer' means the state or any department, bureau, institution, board, or
commission of the state, the State Board of Education, and the Board of Regents of the
University System of Georgia.
(6) 'Member' means any employee included in the membership of the plan.
(7) 'Plan' means the Georgia Defined Contribution Plan created by this chapter.
(8) 'Plan year' means the 12 month period beginning July 1 of each year."
PART VII
SECTION 7-1.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Code Section 50-27-13, relating to disposition of lottery proceeds, budget report by
Governor, appropriations by General Assembly, and shortfall reserve subaccount, by revising
paragraph (3) of subsection (b) as follows:
"(3)(A) <ins>As used in this paragraph, the term 'base lottery spend' means expenditures
from lottery proceeds for voluntary pre-kindergarten and for tuition grants,
scholarships, or loans to citizens of this state to enable such citizens of this state to
attend colleges and universities located within this state, regardless of whether such
colleges and universities are owned or operated by the board of regents or to attend
institutions operated under the authority of the Technical College System of Georgia.
Such term shall not include expenditures from excess reserve funds required to be
appropriated for educational purposes and programs pursuant to subparagraph (B) of
this paragraph.
(B) A</ins> <del>Beginning in Fiscal Year 2025, a</del> shortfall reserve shall be maintained within the
Lottery for Education Account in an amount equal to at least 50 percent of the average
amount of net proceeds deposited into <ins>or base lottery spend from</ins> such account for the
preceding three fiscal years, <ins>whichever is greater,</ins> hereinafter referred to as the
minimum reserve. Beginning in Fiscal Year 2025 and for each fiscal year thereafter,
if on the last day of the preceding fiscal year the total reserve fund balance exceeds the
minimum reserve, an amount equal to 10 percent of the excess reserve funds, meaning
the amount that the total reserve fund balance exceeds the minimum reserve, shall be
appropriated for educational purposes and programs.
<del>(B)(C)</del> If the net proceeds paid into the Lottery for Education Account in any year are
not sufficient to meet the amount appropriated for educational purposes and programs,
the shortfall reserve may be drawn upon to meet the deficiency and any amount so
drawn may count for purposes of appropriations in subparagraph <del>(A)</del> <ins>(B)</ins> of this
paragraph.
<ins>(C)(D)</ins> If the shortfall reserve is drawn upon and falls below 50 percent of the average
amount of net proceeds deposited into <ins>or base lottery spend from</ins> such account for the
preceding three fiscal years, <ins>whichever is greater,</ins> the shortfall reserve shall be
replenished to the level required by subparagraph <del>(A)</del> <ins>(B)</ins> of this paragraph in the next
fiscal year and the lottery funded programs shall be reviewed and adjusted accordingly."
PART VIII
SECTION 8-1.
(a) Except as otherwise provided in this section, this Act shall become effective on
July 1, 2026.
(b) Part V of this Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
(c) Parts I and IV of this Act shall apply to all academic years beginning with the 2026-2027
academic year.
(d) Part VII of this Act shall apply to all fiscal years beginning in Fiscal Year 2027.
PART IX
SECTION 9-1.
All laws and parts of laws in conflict with this Act are repealed.