Bill
Bill > SB433
GA SB433
Nonprofit Corporations; enact "Donor Intent Protection Act"; provide definitions; charitable organizations from violating the terms of charitable contributions; prohibit
summary
Introduced
01/30/2024
01/30/2024
In Committee
03/20/2024
03/20/2024
Crossed Over
02/27/2024
02/27/2024
Passed
04/02/2024
04/02/2024
Dead
Signed/Enacted/Adopted
04/22/2024
04/22/2024
Introduced Session
2023-2024 Regular Session
Bill Summary
AN ACT To amend Article 1 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions for nonprofit corporations, so as to enact the "Donor Intent Protection Act"; to provide for definitions; to prohibit charitable organizations and charitable trusts from violating the terms of charitable contributions made with donor imposed restrictions, subject to exceptions; to provide for a cause of action; to provide for a limitations period; to provide for venue; to provide for remedies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
AI Summary
This bill, known as the "Donor Intent Protection Act", aims to protect the terms of charitable contributions made with donor-imposed restrictions. It defines key terms such as "charitable organization", "charitable trust", "donor", "donor-imposed restriction", and "endowment agreement". The bill prohibits charitable organizations and trusts from violating the terms of such endowment agreements, except as required by law or a valid court order. It provides donors, their lineal descendants, or legal representatives the right to file a civil action within four years of discovering a breach of the agreement, though damages cannot be awarded. The bill also allows charitable organizations and trusts to seek judicial declaration of their rights and obligations under the endowment agreement. The remedies available to the court include actions consistent with the charitable purposes expressed in the agreement, but the court cannot order the return of the contribution to the donor or their representatives. The Act will become effective on July 1, 2024, and apply to endowment agreements entered into on or after that date.
Committee Categories
Business and Industry, Justice
Sponsors (9)
John Albers (R)*,
Brandon Beach (R)*,
Bill Cowsert (R)*,
Steve Gooch (R)*,
Billy Hickman (R)*,
John Kennedy (R)*,
Randy Robertson (R)*,
Blake Tillery (R)*,
Trey Kelley (R),
Last Action
Act 423 (on 04/22/2024)
Official Document
bill text
bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.legis.ga.gov/legislation/66542 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/229110 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/227877 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/225812 |
Floor Amend 2 | https://www.legis.ga.gov/api/legislation/document/20232024/225784 |
Floor amend 1 AM 36 0973 | https://www.legis.ga.gov/api/legislation/document/20232024/225602 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/224309 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/222454 |
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