Georgia House of Representatives - 1995/1996 Sessions

HB 1682 - Charitable contributions in certain counties; provisions

Page Numbers - 1/ 2/ 3

Code Sections - 36-1-19/ 36-1-19.1

1. Orrock  56th           2. Irvin  45th             3. Baker  70th
4. Klein  39th


House Comm: SPCA       /                Senate Comm: SLGO       /                                   
House Vote: Yeas 115   Nays 47          Senate Vote: Yeas 50  Nays 0                                
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              2/13/96  Read 1st Time         3/6/96                                                 
              2/14/96  Read 2nd Time         3/13/96                                                
              2/15/96  Favorably Reported    3/13/96                                                
              Sub      Committee Amend/Sub   Sub                                                    
              3/6/96   Read 3rd Time         3/14/96                                                
              3/6/96   Passed/Adopted        3/14/96                                                
              FSFA     Comm/Floor Amend/Sub  CS                                                     
              3/15/96  Amend/Sub Agreed To                                                          
              4/1/96   Sent to Governor                                                             
              4/15/96  Signed by Governor                                                           
              1022     Act/Veto Number                                                              
              7/1/96   Effective Date                                                               
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 36-1-19, 36-1-19.1                                                           


HB 1682                                            HB 1682/AP

      H. B. No. 1682 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Orrock of the 56th, Irvin of the 45th,
      Baker of the 70th and Klein of the 39th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 1 of Title 36 of the Official Code of
  1- 2  Georgia Annotated, relating to general provisions of local
  1- 3  government law applicable to counties only, so as to provide
  1- 4  procedures for a governing authority of a county with a
  1- 5  population of 400,000 or more to appropriate money for and
  1- 6  make grants or contributions to charitable organizations
  1- 7  with activities in the county; to provide for related
  1- 8  matters; to repeal conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Chapter 1 of Title 36 of the Official Code of Georgia
  1-11  Annotated, relating to general provisions of local
  1-12  government law applicable to counties only, is amended by
  1-13  striking Code Section 36-1-19, relating to appropriations
  1-14  for charitable grants or contributions in counties with more
  1-15  than 550,000 population, and inserting in lieu thereof the
  1-16  following:

  1-17    "36-1-19. (Index)

  1-18    Reserved. 

  1-19    (a) In all counties of this state having a population of
  1-20    more than 550,000 according to the United States decennial
  1-21    census of 1970 or any future such census, the governing
  1-22    authorities of such counties are authorized to provide by
  1-23    ordinance for the appropriation of money for and the
  1-24    making of grants or contributions to any corporation,
  1-25    association, institution, or individual for purely
  1-26    charitable purposes, provided that the activities funded
  1-27    by any such grants or contributions shall take place
  1-28    within the county making such grant or contribution. 

  1-29    (b) In connection with the appropriation of money for or
  1-30    the making of any grant or contribution for purely
  1-31    charitable purposes, the governing authority of any county
  1-32    within this state may establish such boards or councils as


                             H. B. No. 1682
                                 -1- (Index)

                                                  HB 1682/AP

  2- 1    it may determine to establish the procedures by which such
  2- 2    grants or contributions are made and to advise the
  2- 3    governing authorities of such counties generally with
  2- 4    respect to such grants or contributions."

                         SECTION 2.

  2- 5  Said chapter is further amended by adding immediately
  2- 6  preceding Code Section 36-1-20, relating to ordinances for
  2- 7  governing and policing of unincorporated areas of a county,
  2- 8  a new Code section to read as follows:

  2- 9    "36-1-19.1. (Index)

  2-10    (a) In all counties of this state having a population of
  2-11    400,000 or more according to the United States decennial
  2-12    census of 1990 or any future such census, the governing
  2-13    authorities of such counties are authorized to provide by
  2-14    ordinance for the appropriation of money for and the
  2-15    making of grants or contributions to any corporation,
  2-16    association, institution, or individual for purely
  2-17    charitable purposes, provided that the activities funded
  2-18    by any such grants or contributions shall take place
  2-19    within the county making such grant or contribution.

  2-20    (b) In connection with the appropriation of money for or
  2-21    the making of any grant or contribution for purely
  2-22    charitable purposes, the governing authority of any county
  2-23    within this state may establish such boards or councils as
  2-24    it may determine to establish the procedures by which such
  2-25    grants or contributions are made and to advise the
  2-26    governing authorities of such counties generally with
  2-27    respect to such grants or contributions.

  2-28    (c) Appropriations, grants, and contributions made
  2-29    pursuant to this Code section shall be in the form of
  2-30    contracts for services.

  2-31    (d) For the purpose of this Code section, 'purely
  2-32    charitable purposes' shall mean charitable, benevolent, or
  2-33    philanthropic purposes for health, education, social
  2-34    welfare, arts and humanities, environmental or
  2-35    organizations.

  2-36    (e) No funds may be appropriated, granted, or contributed
  2-37    hereunder for a purpose which is in violation of the laws
  2-38    of this state; provided, however, that this subsection
  2-39    shall not be interpreted to prohibit a good faith
  2-40    expenditure of funds for purposes authorized by law."


                             H. B. No. 1682
                                 -2- (Index)

                                                  HB 1682/AP

                         SECTION 3.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.












































                             H. B. No. 1682
                                 -3- (Index)