06 LC 33
1172
Senate
Resolution 801
By:
Senators Brown of the 26th, Butler of the 55th, Stoner of the 6th, Adelman of
the 42nd, Jones of the 10th and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to protect lottery proceeds so they may
be reserved only for tuition grants, scholarships, or loans to enable citizens
of this state to attend colleges and universities within this state, voluntary
pre-kindergarten, and educational shortfall reserves; to require the expenditure
of shortfall reserves before reducing tuition grant and scholarship amounts; and
to require legislative approval and approval of the qualified electors of this
state prior to reducing tuition grant and scholarship amounts; to provide for
submission of this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
I, Section II, Paragraph VIII of the Constitution is amended by striking
subparagraphs (c) and (d) and inserting in lieu thereof the
following:
∀(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 annual budget presented to the General Assembly as a separate
budget category entitled 'Lottery 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;
(2)
Voluntary pre-kindergarten;
and
(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. No less
than thirty-five percent of the educational shortfall reserves must be expended
before the award amounts for tuition grants and scholarships under subparagraph
(c)(1) may be reduced or eliminated in accordance with subparagraph
(d);
(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, 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
(4) and (5) of this subsection until all persons eligible for and applying for
assistance as provided in paragraph (1) of this subsection have received such
assistance, all approved pre-kindergarten programs provided for in paragraph (2)
of this subsection have been fully funded, and the education shortfall reserve
or reserves provided for in paragraph (3) of this subsection have been fully
funded.
(d)
No tuition grant or scholarship award amount established pursuant to
subparagraph (c)(1) may be reduced or eliminated unless approved by two-thirds
of the members of each house of the General Assembly and by referendum of the
qualifed electors of the State of Georgia.
(d)(e)
On and after January 1, 1995, the holding of raffles by nonprofit organizations
shall be lawful and shall not be prohibited by any law enacted prior to January
1, 1994. Laws enacted on or after January 1, 1994, however, may restrict,
regulate, or prohibit the operation of such
raffles.∀
SECTION
2.
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 to protect lottery proceeds so they may
be reserved only for tuition grants, scholarships, or loans to enable citizens
of this state to attend colleges and universities within this state, voluntary
pre-kindergarten, and educational shortfall reserves; to require the expenditure
of shortfall reserves before reducing tuition grant and scholarship amounts; and
to require legislative approval and approval by the qualified electors of this
state prior to reducing tuition grant and scholarship amounts?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.