Reserved. Repealed by Ga. L. 2019, p. 919, § 7-1/HB 553, effective July 1, 2019.
Editor's notes.- On July 8, 2019, in the Superior Court of Fulton County, Georgia, docketed at Civil Action File No. 2019CV322341, in the matter of Private Colleges and Universities Authority, the Corporation of Mercer University and Emory University v. Brian Kemp, in His Individual Capacity, Christopher M. Carr, in His Individual Capacity, an order was issued which provides as follows:
"ORDER GRANTING PETITIONERS' REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF
"Petitioners Private Colleges and Universities Authority (the 'PCUA'), the Corporation of Mercer University ('Mercer University'), and Emory University (collectively 'Petitioners') have submitted for the Court's consideration their Verified Petition for Declaratory Judgment and Injunctive Relief, Motion for Temporary Restraining Order and Application for Interlocutory Injunction, the accompanying Memorandum of Law and exhibits attached thereto, and the Supplemental Brief in Support of Declaratory Judgment. On July 8, 2019, this Court conducted a hearing on the merits to assess Petitioners' requested relief regarding the constitutionality of Part VII of House Bill 553. The required notice under O.C.G.A. § 9-10-2 was provided prior to the hearing. At the hearing, the parties' counsel appeared and presented their respective positions. In advance of the hearing, the parties submitted a stipulation as to the material facts. Additionally, the time set forth in O.C.G.A. § 9-4-5 ran prior to the time of hearing. Therefore, the Court consolidated the hearing for an interlocutory injunction with the trial on the merits, in accordance with O.C.G.A. § 9-11-65.
"Upon due and careful consideration of the evidence and arguments submitted in support of Petitioners' Verified Petition, the Court now enters FINAL JUDGMENT granting a declaratory judgment and injunctive relief and ORDERS the following:
"(1) Part VII of House Bill 553 is hereby ORDERED AND ADJUDGED to violate the U.S. Constitution and Georgia Constitution and, as such, DECLARED to be unconstitutional;
"(2) Part VII of House Bill 553 shall be SEVERED AND STRICKEN from the remainder of House Bill 553;
"(3) All action in furtherance of Part VII of House Bill 553 is hereby permanently enjoined;
"(4) This order shall serve as notice to the public and all interested parties as to the Court's ruling determining Part VII of House Bill 553 to be unconstitutional and enjoining its implementation permanently;
"(5) The Parties are hereby authorized and directed to publish and otherwise make this order available as necessary to ensure its full implementation; and
"(6) This order only applies to Part VII of House Bill 553, and the remainder of House Bill 553 - those parts not specifically declared unconstitutional herein - shall remain in full force and effect."
This article consisted of Code Sections 20-3-200 through 20-3-214, relating to private colleges and universities authority, and was based on Ga. L. 1978, p. 1765, §§ 1-15; Ga. L. 1983, p. 1820, §§ 1-5; Ga. L. 1979, p. 1069, § 1; Ga. L. 1981, p. 1331, §§ 1-5; Ga. L. 1982, p. 3, § 20; Ga. L. 1982, p. 1699, §§ 3, 6; Ga. L. 1983, p. 3, § 53; Ga. L. 1983, p. 1820, §§ 2-4; Ga. L. 1984, p. 22, § 20; Ga. L. 1987, p. 353, §§ 1, 2; Ga. L. 1992, p. 6, § 20; Ga. L. 1999, p. 402, § 1.
Ga. L. 2019, p. 919, § 7-2/HB 553, not codified by the General Assembly, provides: "Any assets of the Private Colleges and Universities Authority existing as of June 30, 2019, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2019. Any liabilities and obligations of the Private Colleges and Universities Authority existing as of June 30, 2019, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same."
ARTICLE 7 SCHOLARSHIPS, LOANS, AND GRANTS
Cross references.
- Educational assistance programs, Ga. Const. 1983, Art. VIII, Sec. VII.
Transfer of funds to board of regents upon failure of shareholder to present securities for redemption, surrender, cancellation, or payment when properly called for, § 14-2-641.
State funding of medical education and training programs provided by county and municipal hospital authorities, § 31-7-95.
Education benefits for veterans, § 38-4-30 et seq.
PART 1 GEORGIA STUDENT FINANCE COMMISSION
Administrative Rules and Regulations.
- School eligibility standards for participation in the assured access lending program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Student Finance Commission, Chapter 268-11-2 et seq.