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
In Committee
03/20/2024
Crossed Over
02/27/2024
Passed
04/02/2024
Dead
Signed/Enacted/Adopted
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)

Last Action

Act 423 (on 04/22/2024)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...