Georgia-2011-HB74-Comm Sub

To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for legislative findings; to provide for definitions; to provide for tuition grant assistance for certain students attending Georgia Military College; to provide for the manner of applying for such grants; to provide for reductions of grant amounts under certain circumstances; to provide for audits; to provide for refunds under certain circumstances; to provide for repayment under certain circumstances; to provide for penalties for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by adding a new subpart to read as follows:

The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession and that Georgia Military College plays a significant role in preparing and training students for life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in Georgia Military College and its military training program and to encourage such students to accept military commissions by providing for tuition grant assistance to such students.

As used in this subpart, the term 'eligible student' means a person who:

(1) Is enrolled in or accepted for enrollment in Georgia Military College for a minimum of 12 academic hours;

(2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein;

(3) Is enrolled in or plans to enroll in the Army Reserve Officers' Training Corps program at Georgia Military College;

(4) Has signed an agreement to attend North Georgia College and State University as a cadet upon graduation from Georgia Military College; and

(5) Has signed a contract to accept a commission, to be effective upon graduation from North Georgia College and State University, as an officer in any branch of the armed services of the United States or the Army National Guard.

Subject to funds being appropriated by the General Assembly for such purposes, there is granted to each eligible student attending Georgia Military College the sum of $1,000.00 per academic quarter.

Each eligible student wishing to receive the grant provided for in this subpart shall submit to Georgia Military College an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of Georgia Military College a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to Georgia Military College on behalf of and to the credit of the eligible student. In the event a student on whose behalf a grant is paid does not enroll as a full-time student for the school term for which the grant is paid, Georgia Military College shall make a refund to the authority in accordance with regulations of the authority.

In the event funds appropriated to the authority by the General Assembly for the grants provided for in this subpart are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis.

Georgia Military College shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority.

Any person who becomes an eligible student and accepts payment of the grant authorized by this subpart and who does not continue such person's education through to graduation from both Georgia Military College and North Georgia College and State University shall be liable for the repayment of all grant funds received by such person under this subpart.

Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor."