GA Code § 20-3-82 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 3 - Postsecondary Education|Article 2 - Board of Regents and University System|Part 2 - University System|§ 20-3-82. Georgia Eminent Scholars Endowment Trust Fund

  There is created the Georgia Eminent Scholars Endowment Trust Fund. The board of regents shall serve as trustees of such fund. The fund shall be a budget unit for the purpose of appropriations of state funds as provided for in Part 1 of Article 4 of Chapter 12 of Title 45.   The fund created by this Code section is established for the purpose of providing challenge grants to raise funds to be used by units of the University System of Georgia and foundations established to further the work of such units in endowing chairs to attract eminent scholars to join the faculties of units of the University System of Georgia.   The General Assembly is authorized to appropriate state funds, by line item appropriation, to the trust fund established by this Code section. The board of regents is authorized to allocate any funds appropriated or available to the University System of Georgia to the trust fund created by this Code section. Any moneys so appropriated or allocated are deemed to be contractually obligated for the purposes specified in this Code section and any funds remaining in the trust fund at the end of any fiscal year shall not lapse.   The trustees of the Georgia Eminent Scholars Endowment Trust Fund are authorized to make challenge grants to foundations established to further the work of the units of the University System of Georgia. The trustees of the Georgia Eminent Scholars Endowment Trust Fund shall adopt rules, regulations, and standards relative to the award of challenge grants under this Code section. Such rules, regulations, and standards shall include formulas for the awarding of such grants, provided that such formulas shall require foundations to contribute as much as possible but not less than 50 percent and not more than 75 percent of the total amount deemed necessary by the trustees to endow a chair. Such formulas may be revised at any time by the board of trustees so as to maximize the benefits which may result from endowing one or more chairs in any fiscal year and depending on the total funds available to the Georgia Eminent Scholars Endowment Trust Fund. No funds shall be granted to a foundation under this Code section except upon the express written condition that such funds and the earnings thereon be used by the foundation for the purpose of endowing a chair at a unit of the University System of Georgia. Such chairs shall be created by the board of regents after considering the existing programs of the system, the necessity for such a chair, and any duplication which the creation of the chair might cause. The amount of funds granted to a foundation under this Code section and the funds raised by the foundation shall be invested and maintained by the foundation and, together with the income therefrom, shall be used as provided in this Code section.   Persons selected to hold such chairs shall be selected under such procedure as may be established by the president of the unit of the University System of Georgia at which the chair is established.     (Code 1981, §20-3-82, enacted by Ga. L. 1985, p. 1654, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, "board of regents" was substituted for "Board of Regents of the University System of Georgia" in subsections (a) and (c).   OPINIONS OF THE ATTORNEY GENERAL   "New" funds required for challenge grants.   - University System institution is required to raise additional (i.e. "new") funds in order to obtain a challenge grant under the Georgia Eminent Scholars Endowment Trust Fund. The board of regents, as "trustee" of the Georgia Eminent Endowment Trust Fund, may make matching grants to either University System institutions or to their affiliated private foundations. 1991 Op. Att'y Gen. No. 91-20.