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Kemp vetoes bill requiring lawmaker approval for Georgia college tuition increases

In a statement, Gov. Brian Kemp expressed concerns over the constitutionality of the bill.

ATLANTA — Gov. Brian Kemp vetoed a bill Tuesday that would have prevented state universities from raising tuition and fees by more than 3% without approval from Georgia lawmakers.

The move is the latest in an ongoing spat between the state legislature and the University System of Georgia.

Senators added the tuition language to House Bill 319 at the end of the legislative session. Under the change, the state's 26 public universities would need approval from the Georgia House of Representatives and the Georgia Senate to increase fees by more than 3%, compared to the previous academic year.

In a statement, Kemp expressed concern that the current legislation may not be constitutional.

"The Georgia Constitution makes plain the authority to govern, control and manage the University System and all system institutions is vested in the Board of Regents," he said. "Because of the constitutional reservation of authority in the Board of Regents, the legislation cannot be adopted without the approval of Georgians through exercise of their franchise."

This is the first veto of Kemp's second term, and it comes after lawmakers cut $66 million from university system's funding for the 2024 fiscal year, which begins July 1. 

Republican senators originally proposed cutting more than $100 million from higher education. 

The proposed cut was nearly the same amount given to Augusta University in the 2023 fiscal year budget for a new electronic medical records system at the Medical College of Georgia. WellStar Health, which drew the ire of some Senate Republicans for opposing a bill to relax requirements for building new hospitals in rural counties, was finalizing a deal to take over Augusta University Health System.

In a statement last week, the University System of Georgia said the cuts comes as 20 of Georgia's 26 public colleges and universities are already set to receive less money next fiscal year under the state’s funding formula due to enrollment declines. The enrollment drop means those schools will lose $71.6 million in the state funds.

Senators said the university system's $504 million in carry-forward funds could deal with the budget reduction. 

However, more than 80% of those funds are concentrated at six colleges, and the funds can't be moved between schools, the university system said.

The $66 million cut would reduce state funding at the University of Georgia by nearly $12 million.

“This is an incredibly disappointing outcome, given the work done over the years by our state leaders to elevate higher education and send Georgia on a path to ascension,” USG Chancellor Sonny Perdue said. “It will have a significant impact on institutions and the services that students and families depend on to advance their prosperity and help Georgia succeed.”

On the final day of the legislative session, Kemp told senators that the $32.4 billion 2024 budget had "significant holes" but didn't identify what those holes were.

The governor has yet to sign off on the 2024 spending plan. The state would appropriate $3.2 billion to the state's public college and universities next fiscal year.

"There are significant holes in this year's final budget that my office will need to work closely with you all, the House, and the Office of Planning and Budget to address in the coming months," Kemp previously said. "As we have done in years' past, our job is to make the tough decisions necessary to keep the (financial health) of this state on sound footing. I believe there's work to be done after the session."

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