HB1038: HB1038 Georgia Promise Scholarship Act; repeal Article 2 of Chapter 2B; provide

26 LC 49 2450 House Bill 1038 By: Representatives Griffin of the 149th, Hugley of the 141st, Miller of the 62nd, Davis of the 87th, Berry of the 56th, and others A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1 provide for the repeal of Article 2 of Chapter 2B, the "Georgia Promise Scholarship Act";2 to provide for the holding of an advisory ref erendum election t o determine whether the3 qualified electors of the State of Georgia desire the repeal of the "Georgia Promise4 Scholarship Act"; to provide for legislative control and review with respect to providing for5 the appropriation and use of state funds for education to be us ed for qualified education6 expenses; to provide for related matters; to provide for severability; to provide for effective7 dates and applicability; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by11 repealing Article 2 of Chapter 2B, the "Georgia Promise Scholarship Act."12 SECTION 2.13 (a) It shall be the duty of the Secretary of State to issue the call for an advisory referendum14 election to determine whether the qualified electors of the Sta te of Georgia desire that the15 H. B. 1038 - 1 - 26 LC 49 2450 "Georgia Promise Scholarship Act," provided for in Article 2 of Chapter 2B of Title 20 of16 the Official Code of Georgia Annotated, be repealed. The Secretary of State shall conduct17 the advisory referendum election in 2026 on the date of the November election, as such term18 is defined in Code Section 21-2-2. The Secretary of State shal l issue the call and conduct19 such advisory referendum election as provided by general law.20 (b) The ballot at the advisory referendum election provided un der this section shall have21 written or printed thereon the following:22 "( ) YES23 ( ) NO24 25 26 27 Should the General Assembly repeal the Georgia Promise Scholarship Act, which, during the 2025-2026 school year, provided up to $6,500.00 in state funds to students to be used for qualified education expenses, including private school tuition? Vote 'YES' if you favor repealing the Georgia Promise Scholarship Act." All persons desiring to vote in favor of the proposition shall vote "Yes." All persons desiring28 to vote against the proposition shall vote "No."29 (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the30 advisory referendum election and report said results to the Gov ernor and the General31 Assembly immediately following such certification. The expense of such election shall be32 borne by the State of Georgia.33 SECTION 3.34 The provisions of Sections 1 and 2 of this Act may operate according to their terms without35 further action by the General Assembly. The General Assembly shall retain the authority to36 deal with the subject matter of this Act, including, but not li mited to, providing for the37 appropriation and use of state funds for education to be used f or qualified education38 expenses, by further legislative Act; and the General Assembly intends that the subject matter39 of this Act may be subject to further legislative review at the 2027 regular session of the40 General Assembly or thereafter as deemed appropriate by the General Assembly.41 H. B. 1038 - 2 - 26 LC 49 2450 SECTION 4.42 In the event any section or subsection of this Act shall be dec lared or adjudged invalid or43 unconstitutional, such adjudication shall in no manner affect the other sections or subsections44 of this Act, which shall remain in full force and effect as if the section or subsection so45 declared or adjudged invalid or unconstitutional were not origi nally a part hereof. The46 General Assembly declares that it would have passed the remaining provisions of this Act47 if it had known that such provision or provisions hereof would be declared or adjudged48 invalid or unconstitutional.49 SECTION 5.50 Section 1 of this Act shall become effective June 30, 2027, and shall apply to all school years51 beginning with the 2027-2028 school year. All other sections o f this Act shall become52 effective upon the approval of this Act by the Governor or upon its becoming law without53 such approval.54 SECTION 6.55 All laws and parts of laws in conflict with this Act are repealed.56 H. B. 1038 - 3 -