SB556: SB556 HOPE Scholarship; the inclusion of advanced placement and international baccalaureate fine arts courses in the calculation of grade point averages; provide

26 LC 61 0519S Senate Bill 556 By: Senators Payne of the 54th, Still of the 48th, Williams of the 25th, Sims of the 12th and Hickman of the 4th A BILL TO BE ENTITLED AN ACT To amend Titles 20, 31, 47, 48, and 50 of the Official Code of Georgia Annotated, relating1 to education, health, retirement and pensions, revenue and taxation, and state government,2 respectively, so as to amend various provisions relating to higher education; to establish the3 DREAMS scholarship; to provide for policies; to provide for eli gibility; to create an4 endowment fund for such scholarship; to provide for reports; to provide for the inclusion of5 advanced fine arts courses in the calculation of grade point averages for determining student6 eligibility for the HOPE scholarships and other scholarships; to provide for an exception; to7 require the possession of opioid antagonists by institutions within the University System of8 Georgia and units within the Technical College System of Georgi a; to provide for 9 definitions; to provide for possession of opioid antagonists by certain individuals; to require10 the maintenance of a stock supply of opioid antagonists; to provide for the use and location11 of opioid antagonist storage compartments; to authorize certain personnel to administer12 opioid antagonists and carry opioid antagonists; to provide for immunity; to provide that13 neither civil liability nor professional discipline shall accru e to personnel, the systems, or14 institutions or units thereof; to make conforming changes; to e stablish a scholarship for15 students enrolled medical school; to provide for eligibility; to provide terms and conditions;16 to modify the maximum contribution limit for savings trust acco unts under the Georgia17 Higher Education Savings Plan; to create a deduction from taxab le net income for18 S. B. 556 - 1 - 26 LC 61 0519S contributions to certain qualified tuition programs; to provide for publication of list of19 qualified tuition programs; to exclude part-time students from membership in the Georgia20 Defined Contribution Plan; to modify provisions relating to the minimum reserve amount of21 the lottery shortfall reserve; to provide for effective dates a nd applicability; to provide22 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 PART I25 SECTION 1-1.26 Title 20 of the Official Code of Georgia Annotated, relating to education is amended in27 Part 3 of Article 7 of Chapter 3, relating to the Georgia Student Finance Authority, by adding28 a new subpart to read as follows:29 "Subpart 2B30 20-3-367.31 As used in this subpart, the term:32 (1) 'Academic year,' 'first professional degree program,' 'mat riculated status,' 'quarter33 hours,' and 'semester hours' shall have the same meanings as se t forth in Code34 Section 20-3-519.35 ( 2 ) ' C o s t o f a t t e n d a n c e ' m e a n s t h e e s t i m a t e o f a s t u d e n t ' s e d ucational expenses as36 calculated by the eligible postsecondary institution at which s uch student is enrolled37 pursuant to Title IV.38 S. B. 556 - 2 - 26 LC 61 0519S (3) 'DREAMS scholarship' or 'scholarship' means the Dedicating Resources to39 Educationally Advance More Students (DREAMS) scholarship provid e d f o r i n t h i s40 subpart.41 (4) 'DREAMS Scholarship Endowment Fund' or 'endowment fund' means the DREAMS42 Scholarship Endowment Fund provided for in Code Section 20-3-367.2.43 (5) 'Eligible postsecondary institution' means:44 (A) An institution of the University System of Georgia; and45 (B) A unit of the Technical College System of Georgia.46 (6) 'Financial aid' means all scholarships and grants awarded to a student, excluding the47 DREAMS scholarship.48 (7) 'Grade point average' means the grade point average calculated by the commission49 for purposes of the HOPE scholarship provided for in Part 7 of this article.50 (8) 'Student aid index' means the student aid index calculated in accordance with51 Title IV.52 (9) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended,53 20 U.S.C. Section 1070, et seq.54 (10) 'Unmet financial need' means the amount of the cost of attendance remaining after55 the student aid index and all other financial aid received by the student have been applied.56 20-3-367.1.57 (a) To be eligible for a DREAMS scholarship, a student seeking an undergraduate degree58 at an eligible postsecondary institution shall:59 (1) Meet the requirements provided for in paragraph (1) of sub section (a) and60 subsection (b) of Code Section 20-3-519.1;61 (2) Complete the Free Application for Federal Student Aid (FAFSA);62 (3) Meet enrollment standards by being admitted, enrolled, and classified as an63 undergraduate student in a matriculated status;64 S. B. 556 - 3 - 26 LC 61 0519S (4) Be enrolled for not less than six semester hours, or the equivalent quarter hours, in65 any given semester or quarter;66 (5) Have not yet earned a baccalaureate or first professional degree; and67 (6) Have unmet financial need.68 (b) To maintain eligibility for a scholarship under this subpart, a student shall:69 (1) Continue to meet the eligibility requirements provided for in subsection (a) of this70 Code section; and71 (2) Maintain a minimum 2.0 grade point average and satisfactory academic progress in72 accordance with the standards and practices used for Title IV programs by the institution73 at which such student is enrolled.74 (c) Using moneys from the endowment fund, the authority shall provide scholarships to75 eligible students in accordance with the following conditions:76 (1) The maximum award amount per student per academic year sha ll be $3,000.00;77 provided, however, that no student shall be awarded an amount t hat is more than such78 student's unmet financial need; and79 (2) No student shall receive a scholarship award for more than eight semesters or 1280 quarters.81 (d) Each student who is awarded a scholarship shall:82 (1) Complete a financial literacy course; and83 (2) Be engaged in paid or unpaid work at least part-time, which may include, but shall84 not be limited to, employment, an internship or externship, volunteer work, or military85 service.86 20-3-367.2.87 (a) There is created the DREAMS Scholarship Endowment Fund as a separate fund in the88 state treasury. The endowment fund shall be administered by the authority. Moneys in the89 endowment fund shall be used only as provided for in this subpa rt. All appropriations90 S. B. 556 - 4 - 26 LC 61 0519S made by the General Assembly for the scholarship and all public or private grants, gifts,91 donations, or contributions received for the scholarship shall be credited to the endowment92 fund. Unless specifically designated otherwise, all moneys credited to the endowment fund93 shall be credited to the principal account. All moneys appropr iated or otherwise paid or94 credited to the endowment fund shall be presumptively concluded to have been committed95 to the purpose for which they have been appropriated, paid, or credited and shall not lapse.96 (b) Three separate accounts shall be created within the endowment fund:97 (1) The principal account shall constitute the permanent endowment corpus. Except as98 otherwise provided in this Code section, moneys credited to suc h account shall not be99 appropriated, transferred, expended, encumbered, or otherwise diverted. The authority100 shall determine the minimum amount of moneys needed in the principal account in order101 to produce sufficient funds to sustain scholarship awards;102 (2) The scholarship account shall consist of moneys allocated to such account pursuant103 to the spending policy adopted by the authority. Moneys in such account shall be used104 to provide scholarship awards in accordance with this subpart; and105 (3) The transitional scholarship account shall consist of fund s appropriated for106 scholarship awards during the first two fiscal years of the scholarship. Moneys in such107 account shall be used to provide scholarships in accordance with this subpart.108 (c) The authority shall adopt an investment policy which provi des for the investment of109 moneys in the principal account as a pooled portfolio in accordance with prudent investor110 standards applicable to public trust funds. Such investment policy shall include provisions111 to preserve and grow the long-term value of the principal accou nt while promoting the112 stability and sustainability of scholarship awards.113 (d) In the event of a shortfall in moneys available for scholarship awards compared with114 projected expenditures for scholarship awards over the same period, and if such shortfall115 will have a materially adverse effect on scholarship awards, th e authority shall be116 authorized to adopt an emergency stabilization authorization to allow the distribution or117 S. B. 556 - 5 - 26 LC 61 0519S transfer of moneys from the principal account so as to mitigate any reduction in such118 awards. Such authorization shall:119 (1) Require a two-thirds' majority vote of the board of the authority for adoption;120 (2) Be limited to the minimum amount necessary to mitigate any reduction in awards;121 (3) Not be used to permanently increase award levels;122 (4) Provide for the principal account to be replenished to not less than the minimum123 amount determined by the authority pursuant to paragraph (1) of subsection (b) of this124 Code section; and125 (5) Expire within one year; provided, however, that this shall not prohibit consecutive126 emergency stabilization authorizations.127 (e) The authority shall adopt a spending policy which provides for the allocation of128 earnings to the principal account and to the scholarship accoun t at the end of each fiscal129 year. Such spending policy shall:130 (1) Require that earnings allocated to the principal account s hall be used to grow the131 permanent endowment corpus in accordance with the investment policy; and132 (2) Require that earnings allocated to the scholarship account shall be used to provide133 scholarships in accordance with Code Section 20-3-367.1134 (f) During the first two fiscal years following capitalization of the endowment fund,135 scholarship awards shall be paid from the transitional scholarship account. The transitional136 scholarship account shall terminate at the end of the second fi scal year following137 capitalization of the fund, and any remaining moneys shall be transferred to the principal138 account. In the third fiscal year following capitalization of the fund and each fiscal year139 thereafter, scholarship awards shall be paid from the scholarship account.140 (g) Not later than December 1 of the second fiscal year following capitalization of the fund141 and each fiscal year thereafter, the authority shall prepare an d publish on its website an142 annual report regarding the endowment fund for the immediately preceding fiscal year. 143 Such report shall include the endowment fund's market value, in vestment performance,144 S. B. 556 - 6 - 26 LC 61 0519S scholarship distributions, any distributions or transfers from the principal account, and145 confirmation of compliance with the requirements of this Code s ection and the policies146 adopted pursuant to this Code section.147 20-3-367.3.148 Not later than December 1 each year, the authority shall provide a report on the DREAMS149 scholarship and the endowment fund to the Governor, the Speaker of the House of150 Representatives, the President of the Senate, the chairpersons of the House Committee on151 Higher Education and the Senate Higher Education Committee, the chancellor of the152 University System of Georgia, and the commissioner of the Technical College System of153 Georgia."154 PART II155 SECTION 2-1.156 Said title is further amended in Code Section 20-2-157, relating to uniform reporting system157 for certain purposes, dual credit courses, and academic eligibi lity requirements to receive158 HOPE scholarship, by revising subsection (a.1), paragraph (3.1) of subsection (b), and159 paragraph (3) of subsection (c) as follows:160 "(a.1) As used in this Code section, the term:161 (1) 'Dual 'dual credit course' shall have the same meaning as in Code Section 20-2-161.3.162 (2) 'Advanced fine arts' means an advanced fine arts course that includes a standardized163 end-of-course assessment written and graded by a third party an d for which the164 Department of Education has designated a unique course number a nd name indicating165 that such course is classified as advanced."166 "(3.1) For students otherwise qualified and enrolling in the ninth grade for the first time167 during the 2008-2009 school year and thereafter, the Georgia St udent Finance168 S. B. 556 - 7 - 26 LC 61 0519S Commission shall calculate grade point averages for determining eligibility for the HOPE169 scholarship and other scholarships referenced in this Code section by equating each grade170 for a student in attempted coursework in English, mathematics, science, social studies,171 advanced fine arts, and foreign language during the student's ninth, tenth, eleven th, or172 twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B'173 = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for174 coursework that is classified as advanced placement, a dual credit course, or international175 baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission176 in calculating the overall grade point averages for students, provided that the weighting177 of such course grades is uniformly applied to all students in this state taking the specified178 coursework. The sum of the equated grades shall be divided by the number of course179 grades, adjusted for term length, to yield a grade point average on a 4.0 scale; and"180 "(3) The Georgia Student Finance Commission shall calculate a grade point average for181 the purpose of determining eligibility for the HOPE scholarship from these electronic182 transcripts and shall notify students of their potential eligibility and high schools as to the183 potential eligibility of students; provided, however, that the Georgia Student Finance184 Commission shall not include advanced fine arts course grades in the calculation of any185 grade point average for any student who graduated from high school before July 1, 2026."186 PART III187 SECTION 3-1.188 Said title is further amended in Part 2 of Article 2 of Chapter 3, relating to university system,189 by adding a new Code section to read as follows:190 "20-3-88.191 (a) As used in this Code section, the term:192 (1) 'Automated external defibrillator' means a defibrillator which:193 S. B. 556 - 8 - 26 LC 61 0519S (A) Is capable of cardiac rhythm analysis;194 (B) Will charge and be capable of being activated to deliver a countershock after195 electrically detecting the presence of certain cardiac dysrhythmias; and196 (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a197 mechanism for transfer and storage or for printing for review subsequent to use.198 (2) 'Community funding source' means local sources of capital provided by local banking199 institutions, including credit unions, community foundations, c ounty or municipal200 governments, businesses, or residents. Such funding sources may include grants, gifts,201 contracts, monetary donations, or loans.202 (3) 'Institution' means any college, school, academy, university, or experiment station at203 any particular location which forms a part of the university system.204 (4) 'Opioid antagonist' shall have the same meaning as set for th in Code205 Section 26-4-116.2.206 (5) 'Opioid antagonist storage compartment' means the structur e in which opioid207 antagonists may be stored.208 (6) 'University system' means the University System of Georgia.209 (b) No student, visitor, or university system employee shall be prohibited from possessing210 an opioid antagonist on university system property or at a univ ersity system sponsored211 activity.212 (c) Subject to available funding from community funding sources, each institution shall213 acquire and maintain a supply of opioid antagonists in any secu r e l o c a t i o n i n s u c h a214 quantity to be used for multiple opioid overdose events; provided, however, that, if there215 occurs a shortage of opioid antagonists, the institution shall make a reasonable effort to216 maintain its supply of opioid antagonists. Any such supply sha ll be maintained in217 accordance with the manufacturer's instructions.218 (d) Subject to available funding from community funding source s, each institution219 maintaining one or more automated external defibrillators shall maintain opioid antagonists220 S. B. 556 - 9 - 26 LC 61 0519S in an opioid antagonist storage compartment which shall be loca ted within three feet of221 such defibrillators or as close as space reasonably allows.222 (e) Any university system personnel may administer an opioid a ntagonist to any person223 who the university system personnel believes in good faith to b e experiencing an opioid224 overdose:225 (1) While at an institution;226 (2) While at a university system sponsored activity;227 (3) While under the supervision of university system personnel; or228 (4) Before or after normal institution activities.229 (f) Any university system personnel who in good faith administ ers or chooses not to230 administer an opioid antagonist shall be immune from civil liab ility or professional231 discipline for any act or omission to act related to the admini stration of an opioid232 antagonist, except that such immunity shall not apply to an act of willful or wanton233 misconduct.234 (g) Neither civil liability nor professional discipline shall accrue to university system235 personnel and no civil liability shall accrue to the university system or to any institution of236 such system due to the removal or misuse of an opioid antagonist or antagonists; provided,237 however, that immunity shall not apply to an act of willful or wanton misconduct."238 SECTION 3-2.239 Said title is further amended in Article 2 of Chapter 4, relati ng to technical and adult240 education, by adding a new Code section to read as follows:241 "20-4-39.1.242 (a) As used in this Code section, the term:243 (1) 'Automated external defibrillator' means a defibrillator which:244 (A) Is capable of cardiac rhythm analysis;245 S. B. 556 - 10 - 26 LC 61 0519S (B) Will charge and be capable of being activated to deliver a countershock after 246 electrically detecting the presence of certain cardiac dysrhythmias; and247 (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a248 mechanism for transfer and storage or for printing for review subsequent to use.249 (2) 'Community funding source' means local sources of capital provided by local banking250 institutions, including credit unions, community foundations, c ounty or municipal251 governments, businesses, or residents. Such funding sources may include grants, gifts,252 contracts, monetary donations, or loans.253 (3) 'Opioid antagonist' shall have the same meaning as set for th in Code254 Section 26-4-116.2.255 (4) 'Opioid antagonist storage compartment' means the structur e in which opioid256 antagonist may be stored.257 (5) 'Technical college system' means the Technical College System of Georgia.258 (6) 'Unit' means any institution, college, school, academy, or experiment station at any259 particular location which forms a part of the technical college system.260 (b) No student, visitor, or technical college system employee shall be prohibited from261 possessing an opioid antagonist on technical college system pro perty or at a technical262 college system sponsored activity.263 (c) Subject to available funding from community funding sources, each unit shall acquire264 and maintain a supply of opioid antagonists in any secure location in such a quantity to be265 used for multiple opioid overdose events; provided, however, th at, if there occurs a266 shortage of opioid antagonists, the unit shall make a reasonable effort to maintain its supply267 of opioid antagonists. Any such supply shall be maintained in accordance with the268 manufacturer's instructions.269 (d) Subject to available funding from community funding sources, each unit maintaining270 one or more automated external defibrillators shall maintain opioid antagonists in an opioid271 S. B. 556 - 11 - 26 LC 61 0519S antagonist storage compartment which shall be located within th ree feet of such272 defibrillators or as close as space reasonably allows.273 (e) Any technical college system personnel may administer an o pioid antagonist to any274 person who the technical college system personnel believes in g ood faith to be275 experiencing an opioid overdose:276 (1) While at a unit;277 (2) While at a technical college system sponsored activity;278 (3) While under the supervision of technical college system personnel; or279 (4) Before or after normal unit activities.280 (f) Any technical college system personnel who in good faith administers or chooses not281 to administer an opioid antagonist pursuant to this Code section shall be immune from civil282 liability or professional discipline for any act or omission to act related to the283 administration of an opioid antagonist, except that such immunity shall not apply to an act284 of willful or wanton misconduct.285 (g) Neither civil liability nor professional discipline shall accrue to technical college286 system personnel and no civil liability shall accrue to the technical college system or any287 unit of such system due to the removal or misuse of an opioid a ntagonist or antagonists;288 provided, however, that immunity shall not apply to an act of w illful or wanton289 misconduct."290 SECTION 3-3.291 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code292 Section 31-2A-20, relating to accessibility to opioid antagonists in government buildings and293 courthouses, guidelines and training, and limitations on liability, by revising subsection (a)294 as follows:295 S. B. 556 - 12 - 26 LC 61 0519S "(a) As used in this Code section, the term:296 (1) 'Automated external defibrillator' shall have the same meaning as set forth in Code297 Section 31-11-53.1.298 (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in299 which judicial proceedings are held, provided that such building contains an automated300 external defibrillator.301 (3) 'Government entity' means any state board, commission, agency, or department, or302 the governing authority of any county, municipality, or consoli dated government, but303 such term shall not include local school systems, public school s, charter schools, or304 university buildings the University System of Georgia, or the Technical College System305 of Georgia.306 (4) 'Opioid antagonist' shall have the same meaning as set for th in Code307 Section 26-4-116.2.308 (5) 'Opioid related overdose' shall have the same meaning as s et forth in Code309 Section 26-4-116.2.310 (6) 'Qualified government building' means a building in which a government entity is311 housed or meets in its official capacity, including the portion occupied by a government312 entity of any building that is not publicly owned, provided that such building contains an313 automated external defibrillator, but such term shall not include a university building.314 (7) 'University building' means any building which forms a part of the University System315 of Georgia, including any college or university under the gover nment, control, and316 management of the Board of Regents of the University System of Georgia, or any317 building under the control of the State Board of the Technical College System of318 Georgia."319 S. B. 556 - 13 - 26 LC 61 0519S PART IV320 SECTION 4-1.321 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in322 Part 6 of Article 7 of Chapter 3, relating to medical scholarships, by designating the existing323 provisions of said part as Subpart 2, by replacing "this part" and "This part" with "this324 subpart" and "This subpart", respectively, everywhere such terms occur in the new Subpart 2,325 and by adding a new subpart to read as follows:326 "Subpart 1327 20-3-505.328 As used in this subpart, the term:329 (1) 'Academic year' and 'full-time' shall have the same meanin gs as set forth in Code330 Section 20-3-519.331 (2) 'Applicant' means an individual who applies for a scholarship under this subpart.332 (3) 'Authority' means the Georgia Student Finance Authority.333 (4) 'Cost of attendance' means the estimate of a student's edu cational expenses as334 calculated by the eligible postsecondary institution at which s uch student is enrolled335 pursuant to Title IV.336 (5) 'Eligible applicant' means an applicant who meets the eligibility criteria provided for337 in this subpart.338 (6) 'Eligible medical school' means a medical school in the Un iversity System of339 Georgia.340 (7) 'Scholarship' means a scholarship provided for in this subpart.341 (8) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended,342 20 U.S.C. Section 1070, et seq.343 S. B. 556 - 14 - 26 LC 61 0519S 20-3-506.344 (a) To be eligible for a scholarship under this subpart, an ap plicant seeking a medical345 degree at an eligible medical school shall:346 (1) Meet the requirements provided for in paragraph (1) of sub section (a) and347 subsection (b) of Code Section 20-3-519.1;348 (2) Complete the Free Application for Federal Student Aid (FAFSA);349 (3) Meet enrollment standards by being enrolled full-time in an eligible medical school350 and making satisfactory academic progress in accordance with the standards and practices351 used for Title IV programs by the medical school at which such student is enrolled;352 (4) Have not yet earned a medical degree; and353 (5) Submit an application for such scholarship.354 (b) Subject to appropriations, the authority shall award scholarships to eligible applicants355 in accordance with the following terms and conditions:356 (1) The maximum award amount per applicant per academic year shall not exceed such357 student's cost of attendance;358 (2) No applicant shall receive a scholarship award for more than eight semesters; and359 (3) Each scholarship awarded pursuant to this subpart shall be conditional upon the360 applicant agreeing that the full amount of the scholarship shall be repaid to the State of361 Georgia in services to be rendered by such applicant by practicing medicine in this state362 for not less than four years after graduation from an eligible medical school.363 (c) Before being awarded a scholarship, each eligible applicant shall enter into a contract364 with the authority agreeing to the terms and conditions upon wh ich such scholarship is365 granted, including such terms and conditions as set forth in th is subpart. Each such366 contract shall provide that, in the event such recipient does n ot complete medical school367 and fails to receive a medical degree, fails to obtain licensure from the Georgia Composite368 Medical Board to practice medicine, or fails to practice medicine in this state in accordance369 with the requirements of this subpart, the recipient shall repa y any and all scholarship370 S. B. 556 - 15 - 26 LC 61 0519S awards received pursuant to this subpart; provided, however that for each year of practicing371 medicine in this state, such applicant shall receive credit for the amount of the scholarship372 received during any one year in an eligible medical school."373 PART V374 SECTION 5-1.375 Said title is further amended in Code Section 20-3-634, relatin g to savings trust accounts,376 availability, and terms and provisions relative to the Georgia Higher Education Savings Plan,377 by revising paragraph (1) of subsection (b) as follows:378 "(1) The maximum and minimum contribution allowed on behalf of each beneficiary for379 the payment of qualified higher education expenses at eligible institutions as defined in380 Section 529 of the Internal Revenue Code of 1986 or other appli cable federal law;381 provided, however, that no additional contributions may be made to a savings trust382 account when the total account balance for all accounts for the beneficiary equals or383 exceeds $235,000.00 $550,000.00;"384 SECTION 5-2.385 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is386 amended in Code Section 48-7-27, relating to computation of taxable net income, by adding387 a new paragraph to subsection (a) to read as follows:388 "(11.5)(A)(i) As used in this paragraph, the term 'qualified tuition program' means a389 qualified tuition program established and maintained by a state or agency or390 instrumentality thereof which is exempt from taxation pursuant to Section 529 of the391 Internal Revenue Code of 1986, other than the qualified tuition program established392 pursuant to Article 11 of Chapter 3 of Title 20. Such term sha ll not include a393 qualified tuition program established or maintained by another state or agency or394 S. B. 556 - 16 - 26 LC 61 0519S instrumentality thereof unless such state grants an income tax deduction or tax credit395 similar to the deduction provided for in this paragraph or in p aragraph (11.1) for396 contributions made to the qualified tuition program established pursuant to Article 11397 of Chapter 3 of Title 20.398 (ii) The department shall annually publish a list of qualified tuition programs on its399 website.400 (B) For taxable years beginning on or after January 1, 2026, and ending on or before401 December 31, 2030, an amount equal to the amount of contributio ns to a qualified402 tuition program, but not exceeding $2,000.00 per beneficiary;403 (C) If the contributor files a separate return or single return, the sum of contributions404 constituting deductions on the contributor's return under this paragraph shall not405 exceed $2,000.00 per beneficiary; provided, however, that the s um of contributions406 constituting deductions on such contributor's return under this paragraph and407 paragraph (11.1) shall not exceed $4,000.00 per beneficiary;408 (D) If the contributor files a joint return, the sum of contri butions constituting409 deductions on the contributor's return under this paragraph shall not exceed $4,000.00410 per beneficiary; provided, however, that the sum of contributio ns constituting411 deductions on such contributor's return under this paragraph and paragraph (11.1) shall412 not exceed $8,000.00 per beneficiary; and413 (E) For purposes of this paragraph, contributions or payments for any such taxable year414 may be made during or after such taxable year but on or before the deadline for making415 contributions to an individual retirement account under federal law for such taxable416 year;"417 S. B. 556 - 17 - 26 LC 61 0519S PART VI418 SECTION 6-1.419 Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is420 amended by revising Code Section 47-22-1, relating to definitio ns regarding the Georgia421 Defined Contribution Plan, as follows:422 "47-22-1.423 As used in this chapter, the term:424 (1) 'Accumulated contributions' means the sum of all amounts d educted from the425 compensation of a member's salary and credited to such member's individual account in426 this plan, together with earnings thereon as provided in this chapter.427 (2) 'Board' means the Board of Trustees of the Employees' Reti rement System of428 Georgia.429 (3) 'Defined contribution plan' means a plan which provides fo r an individual account430 for each participant and for benefits based solely on the amoun t contributed to the431 participant's account; any income, expenses, gains, and losses; and any forfeiture of432 accounts of other participants which may be allocated to such participant's account, which433 plan is intended to be qualified under Section 401(a) of the In ternal Revenue Code, 42434 U.S.C. Section 401(a).435 (4) 'Employee' means any employee of an employer who is not a member of any public436 retirement or pension system created pursuant to this title; pr ovided, however, that the437 following persons shall not be considered employees under this paragraph:438 (A) A person performing servi ces for an institution in which s uch person is duly439 enrolled as a part-time or full-time student;440 (B) A person performing services for an employer pursuant to a contract as a bona fide441 independent contractor; or442 (C) Members of any state board or commission.443 S. B. 556 - 18 - 26 LC 61 0519S (5) 'Employer' means the state or any department, bureau, inst itution, board, or444 commission of the state, the State Board of Education, and the Board of Regents of the445 University System of Georgia.446 (6) 'Member' means any employee included in the membership of the plan.447 (7) 'Plan' means the Georgia Defined Contribution Plan created by this chapter.448 (8) 'Plan year' means the 12 month period beginning July 1 of each year."449 PART VII450 SECTION 7-1.451 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended452 in Code Section 50-27-13, relating to disposition of lottery pr oceeds, budget report by453 Governor, appropriations by General Assembly, and shortfall reserve subaccount, by revising454 paragraph (3) of subsection (b) as follows:455 "(3)(A) As used in this paragraph, the term 'base lottery spend ' means expenditures456 from lottery proceeds for voluntary pre-kindergarten and for tu ition grants,457 scholarships, or loans to citizens of this state to enable such citizens of this state to458 attend colleges and universities located within this state, reg ardless of whether such459 colleges and universities are owned or operated by the board of regents or to attend460 institutions operated under the authority of the Technical College System of Georgia. 461 Such term shall not include expenditures from excess reserve fu nds required to be462 appropriated for educational purposes and programs pursuant to subparagraph (B) of463 this paragraph.464 (B) A Beginning in Fiscal Year 2025, a shortfall reserve shall be maintained within the465 Lottery for Education Account in an amount equal to at least 50 percent of the average466 amount of net proceeds deposited into or base lottery spend from such account for the467 preceding three fiscal years, whichever is greater, hereinafter referred to as the468 S. B. 556 - 19 - 26 LC 61 0519S minimum reserve. Beginning in Fiscal Year 2025 and for each fiscal year thereafter,469 if on the last day of the preceding fiscal year the total reserve fund balance exceeds the470 minimum reserve, an amount equal to 10 percent of the excess reserve funds, meaning471 the amount that the total reserve fund balance exceeds the minimum reserve, shall be472 appropriated for educational purposes and programs.473 (B)(C) If the net proceeds paid into the Lottery for Education Account in any year are474 not sufficient to meet the amount appropriated for educational purposes and programs,475 the shortfall reserve may be drawn upon to meet the deficiency and any amount so476 drawn may count for purposes of appropriations in subparagraph (A) ( B ) of this477 paragraph.478 (C)(D) If the shortfall reserve is drawn upon and falls below 50 percent of the average479 amount of net proceeds deposited into or base lottery spend from such account for the480 preceding three fiscal years, whichever is greater, the shortfall reserve shall be481 replenished to the level required by subparagraph (A) (B) of this paragraph in the next482 fiscal year and the lottery funded programs shall be reviewed and adjusted accordingly."483 PART VIII484 SECTION 8-1.485 (a) Except as otherwise provided in this section, this Act sha ll become effective on486 July 1, 2026.487 (b) Part V of this Act shall become effective upon its approval by the Governor or upon its488 becoming law without such approval.489 (c) Parts I and IV of this Act shall apply to all academic years beginning with the 2026-2027490 academic year.491 (d) Part VII of this Act shall apply to all fiscal years beginning in Fiscal Year 2027.492 S. B. 556 - 20 - 26 LC 61 0519S PART IX493 SECTION 9-1.494 All laws and parts of laws in conflict with this Act are repealed.495 S. B. 556 - 21 -