House Bill 1517
By: Representative Lim of the 98th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to
general provisions regarding nuisances, so as to provide for a presumption of the creation of
a nuisance based on certain residential local ordinance violations; to amend Article 1 of
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem
taxation of property generally, so as to provide criminal penalties for the failure of a tax
receiver or tax commissioner to collect certain delinquent taxes; to amend Article 7 of
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical
assistance generally, so as to require that, for an estate containing residential real property,
the commissioner of community health waive any claim against the greater of the first
$25,000.00 of such estate or 50 percent of the median home value within the county where
certain residential real property of such estate is located; to provide for the submission of an
amendment to the state plan; to provide for contingent repeal; to amend Chapter 2 of Title
14 of the Official Code of Georgia Annotated, relating to business corporations, so as to
require corporations to provide a list of authorized filers to the Secretary of State; to provide
for definitions; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general
provisions regarding nuisances, is amended by adding a new Code section to read as follows:
<ins>"41-1-4.1.
(a) As used in this Code section, the term:
(1) 'County or municipal codes and ordinances' means zoning ordinances and resolutions,
ordinances and resolutions enacting subdivision regulations, environmental ordinances
and resolutions, state minimum standard codes provided for in Code Section 8-2-25,
ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and
resolutions regulating the development of real property, and ordinances and regulations
providing for control of litter and debris, control of junked or abandoned vehicles, and
control of overgrown vegetation.
(2) 'Residential property' means any single-family, two-family, three-family, and
four-family residential real estate in this state.
(3) 'Violations involving the health or safety of persons' means any violation of county
or municipal codes or ordinances that creates a legitimate concern for the health and
safety of an occupant of a residential property or that creates an immediate and
substantial danger to the environment.
(b) A defendant under Code Section 41-1-3 or 41-1-4 shall be conclusively presumed to
have created a nuisance for the purposes of this chapter under the following circumstances:
(1) He or she has been found guilty of or pled guilty to at least five violations involving
the health or safety of persons during any two-year time period; and
(2) All such violations occurred on residential property."
</ins> SECTION 2.
Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad
valorem taxation of property generally, is amended by revising Code Section 48-5-22,
relating to penalty for failing to have returned for taxation and to collect taxes on property
unlawfully exempted, as follows:
"48-5-22.
(a) It shall be unlawful for any tax receiver or tax commissioner to fail to:
(1) Have returned for taxation all property required by law to be returned for taxation
pursuant to Code Section 48-5-21; or
(2) Collect taxes assessed on all property pursuant to Code Section 48-5-21.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor; <ins>provided, however, that any person who violates paragraph (2) of
subsection (a) of this Code section shall be guilty of a felony where the taxes due, payable,
and delinquent for a parcel of property exceeds $150,000.00."
</ins> SECTION 3.
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to
medical assistance generally, is amended by revising Code Section 49-4-147.1, relating to
claims by department against the estate of Medicaid recipients, as follows:
"49-4-147.1.
(a) In accordance with applicable federal law and regulations, including those under Title
XIX of the federal Social Security Act, the department may make claim against the estate
of a Medicaid recipient for the amount of any medical assistance payments made on such
person's behalf by the department. A claim shall be made against the estate of a deceased
Medicaid recipient only if at the time of application for medical assistance the applicant
received written notice that the medical assistance costs could be recovered from the
applicant's estate and the applicant signed a written acknowledgment of receipt of such
notice, the estate is otherwise subject to recovery, and if no hardship or other exemption
exists. The commissioner shall waive such claim if he or she determines enforcement of
the claim would result in substantial and unreasonable hardship to dependents of the
individual against whose estate the claim exists.
(b) The estate recovery program established pursuant to this Code section shall not be
effective any earlier than May 3, 2006. In no event shall the department make claims
against the estate of a Medicaid recipient for the amount of any medical assistance
payments made on such person's behalf prior to May 3, 2006.
(c) The commissioner shall delay execution of a claim against the estate where the
dependents or heirs agree to pay the full amount of the claim in reasonable installments.
(d) To prevent substantial and unreasonable hardship, the commissioner shall waive any
claim against the first $25,000.00 of any estate. No later than July 1, 2018, the department
shall submit to the United States Department of Health and Human Services Centers for
Medicare and Medicaid Services an amendment to the state plan reflecting the provisions
of this subsection. In the event that such amendment to the state plan is not approved, this
subsection shall stand repealed in its entirety.
<ins>(e)(1) Notwithstanding subsection (d) of this Code section, on and after January 1, 2027,
for any estate that includes residential real property, the commissioner shall waive any
claim against the greater of the first $25,000.00 of the estate or 50 percent of the median
home value within the county where the residential real property is located; provided,
however, that, if the estate includes more than one residential real property, any
determination of median home value shall be based on the residential real property with
the highest property valuation, as determined by the county board of tax assessors in
accordance with Code Section 48-5-299. To determine the median home value within
a county, the commissioner may utilize the most recent American Community Survey as
reported by the Bureau of Labor Statistics of the United States Department of Labor or
any other similar source, if the commissioner determines that such source fairly reflects
the median home value of counties within this state.
</ins>
<ins>(2) The county board of tax assessors shall cooperate with the commissioner in his or her
efforts to perform his or her duties under this subsection.
(3) Not later than August 1, 2026, the department shall submit to the United States
Department of Health and Human Services Centers for Medicare and Medicaid Services
an amendment to the state plan reflecting the provisions of this subsection. In the event
that such amendment is not approved, this subsection shall stand repealed in its entirety."
</ins> SECTION 4.
Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business
corporations, is amended by revising Code Section 14-2-120, relating to filing requirements,
as follows:
"14-2-120.
(a) A document <del>must</del> <ins>shall</ins> satisfy the requirements of this Code section and of any other
Code section that adds to or varies these requirements to be entitled to filing by the
Secretary of State.
(b) This chapter <del>must</del> <ins>shall</ins> require or permit filing the document in the office of the
Secretary of State.
(c) The document <del>must</del> <ins>shall</ins> contain the information required by this chapter. It may
contain other information as well.
(d) The document <del>must</del> <ins>shall</ins> be typewritten or printed.
(e) The document <del>must</del> <ins>shall</ins> be in the English language. A corporate name need not be
in English if written in English letters or Arabic or Roman numerals, and the certificate of
existence required of foreign corporations need not be in English if accompanied by a
reasonably authenticated English translation.
<ins>(f) Prior to filing a document with the Secretary of State, a corporation shall provide a list
of authorized persons who may execute and file documents under this chapter.
(f)(g)</ins> The document <del>must</del> <ins>shall</ins> be executed:
(1) By the chairperson of the board of directors of a domestic or foreign corporation, by
its president, or by another of its officers;
(2) If directors have not been selected or the corporation has not been formed, by an
incorporator; <del>or
</del> (3) If the corporation is in the hands of a receiver, trustee, or other court appointed
fiduciary, by that fiduciary; <ins>or
(4) An authorized person;
</ins> provided, however, that the person executing the document may do so as an attorney in
fact. Powers of attorney relating to the execution of the document do not need to be shown
to or filed with the Secretary of State.
<del>(g)(h)</del> The person executing the document shall sign it and state beneath or opposite his
or her signature his or her name and the capacity in which he or she signs; provided,
however, that, if the document is electronically transmitted, the electronic version of such
person's name may be used in lieu of a signature. The document may but need not contain:
(1) The corporate seal;
(2) An attestation by the secretary or an assistant secretary; or
(3) An acknowledgment, verification, or proof.
<del>(h)(i)</del> The document <del>must</del> <ins>shall</ins> be delivered to the office of the Secretary of State for filing
and <del>must</del> <ins>shall</ins> be accompanied by one exact or conformed copy (except as provided in
Code Sections 14-2-503 and 14-2-1509), the correct filing fee, any certificate required by
Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1, and any penalty
required by this chapter or other law.
<del>(i)(j)</del> Notwithstanding the provisions of this chapter, the Secretary of State may authorize
the filing of documents by electronic transmission, following the provisions of Chapter 12
of Title 10, the 'Uniform Electronic Transactions Act,' and the Secretary of State shall be
authorized to promulgate such rules and regulations as are necessary to implement
electronic filing procedures."
SECTION 5.
Said chapter is further amended in Code Section 14-2-140, relating to definitions, by adding
a new paragraph to read as follows:
<ins>"(1.1) 'Authorized person' means a person who is authorized by a corporation to execute
and file documents under this chapter on behalf of the corporation."
</ins> SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.