Georgia-2011-SR345-Introduced

Proposing an amendment to the Constitution so as to authorize that the General Assembly may provide limitations by general law on the amount of tuition that may be charged to students receiving lottery funded scholarships and grants and attending colleges and universities operated by the board of regents or institutions operated by the Technical College System of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Article I, Section II, Paragraph VIII of the Constitution is amended by revising subparagraph (c) to read as follows:

"(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his or her annual budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' Proceeds,' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes. Such net proceeds shall be used to support improvements and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant, non-lottery educational resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following:

(1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated by the board of regents, or to attend institutions operated under the authority of the Department of Technical and Adult Education College System of Georgia. The General Assembly may provide limitations by general law on the amount of tuition that may be charged to students receiving lottery funded scholarships and grants and attending colleges and universities operated by the board of regents or institutions operated by the Technical College System of Georgia;

(2) Voluntary pre-kindergarten;

(3) One or more educational shortfall reserves in a total amount of not less than 10 percent of the net proceeds of the lottery for the preceding fiscal year;

(4) Costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education Technical College System of Georgia, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; and

(5) Capital outlay projects for educational facilities;

provided, however, that no funds shall be appropriated for the items listed in paragraphs subparagraphs (c)(4) and (c)(5) of this subsection Paragraph until all persons eligible for and applying for assistance as provided in paragraph subparagraph (c)(1) of this subsection Paragraph have received such assistance, all approved pre-kindergarten programs provided for in paragraph subparagraph (c)(2) of this subsection Paragraph have been fully funded, and the education shortfall reserve or reserves provided for in paragraph subparagraph (c)(3) of this subsection Paragraph have been fully funded."

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES

( ) NO

Shall the Constitution of Georgia be amended so as to provide that the General Assembly may provide limitations by general law on the amount of tuition that may be charged to students receiving lottery funded scholarships and grants and attending colleges and universities operated by the board of regents or institutions operated by the Technical College System of Georgia?"