HB1517: HB1517 Nuisances; presumption of the creation of a nuisance based on certain residential local ordinance violations; provide

26 LC 64 0092 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 to1 general provisions regarding nuisances, so as to provide for a presumption of the creation of2 a nuisance based on certain residential local ordinance violati ons; to amend Article 1 of3 Chapter 5 of Title 48 of the Official Code of Georgia Annotated , relating to ad valorem4 taxation of property generally, so as to provide criminal penal ties for the failure of a tax5 receiver or tax commissioner to collect certain delinquent taxe s ; t o a m e n d A r t i c l e 7 o f6 Chapter 4 of Title 49 of the Official Code of Georgia Annotated , relating to medical7 assistance generally, so as to require that, for an estate containing residential real property,8 the commissioner of community health waive any claim against th e greater of the first9 $25,000.00 of such estate or 50 percent of the median home value within the county where10 certain residential real property of such estate is located; to provide for the submission of an11 amendment to the state plan; to provide for contingent repeal; to amend Chapter 2 of Title12 14 of the Official Code of Georgia Annotated, relating to busin ess corporations, so as to13 require corporations to provide a list of authorized filers to the Secretary of State; to provide14 for definitions; to provide for related matters; to repeal conf licting laws; and for other15 purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 H. B. 1517 - 1 - 26 LC 64 0092 SECTION 1.18 Chapter 1 of Title 41 of the Official Code of Georgia Annotated , relating to general19 provisions regarding nuisances, is amended by adding a new Code section to read as follows:20 "41-1-4.1.21 (a) As used in this Code section, the term:22 (1) 'County or municipal codes and ordinances' means zoning ordinances and resolutions,23 ordinances and resolutions enacting subdivision regulations, environmental ordinances24 and resolutions, state minimum standard codes provided for in C ode Section 8-2-25,25 ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and26 resolutions regulating the development of real property, and ordinances and regulations27 providing for control of litter and debris, control of junked o r abandoned vehicles, and28 control of overgrown vegetation.29 (2) 'Residential property' means any single-family, two-family , three-family, and30 four-family residential real estate in this state.31 (3) 'Violations involving the health or safety of persons' means any violation of county32 or municipal codes or ordinances that creates a legitimate conc ern for the health and33 safety of an occupant of a residential property or that creates an immediate and34 substantial danger to the environment.35 (b) A defendant under Code Section 41-1-3 or 41-1-4 shall be conclusively presumed to36 have created a nuisance for the purposes of this chapter under the following circumstances:37 (1) He or she has been found guilty of or pled guilty to at least five violations involving38 the health or safety of persons during any two-year time period; and39 (2) All such violations occurred on residential property."40 SECTION 2.41 Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad42 valorem taxation of property generally, is amended by revising Code Section 48-5-22,43 H. B. 1517 - 2 - 26 LC 64 0092 relating to penalty for failing to have returned for taxation and to collect taxes on property44 unlawfully exempted, as follows:45 "48-5-22.46 (a) It shall be unlawful for any tax receiver or tax commissioner to fail to:47 (1) Have returned for taxation all property required by law to be returned for taxation48 pursuant to Code Section 48-5-21; or49 (2) Collect taxes assessed on all property pursuant to Code Section 48-5-21.50 (b) Any person who violates subsection (a) of this Code sectio n shall be guilty of a51 misdemeanor; provided, however, that any person who violates pa ragraph (2) of 52 subsection (a) of this Code section shall be guilty of a felony where the taxes due, payable,53 and delinquent for a parcel of property exceeds $150,000.00."54 SECTION 3.55 Article 7 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, relating to56 medical assistance generally, is amended by revising Code Section 49-4-147.1, relating to57 claims by department against the estate of Medicaid recipients, as follows:58 "49-4-147.1.59 (a) In accordance with applicable federal law and regulations, including those under Title60 XIX of the federal Social Security Act, the department may make claim against the estate61 of a Medicaid recipient for the amount of any medical assistance payments made on such62 person's behalf by the department. A claim shall be made against the estate of a deceased63 Medicaid recipient only if at the time of application for medic al assistance the applicant64 received written notice that the medical assistance costs could be recovered from the65 applicant's estate and the applicant signed a written acknowled gment of receipt of such66 notice, the estate is otherwise subject to recovery, and if no hardship or other exemption67 exists. The commissioner shall waive such claim if he or she determines enforcement of68 H. B. 1517 - 3 - 26 LC 64 0092 the claim would result in substantial and unreasonable hardship to dependents of the69 individual against whose estate the claim exists.70 (b) The estate recovery program established pursuant to this C ode section shall not be71 effective any earlier than May 3, 2006. In no event shall the department make claims72 against the estate of a Medicaid recipient for the amount of an y medical assistance73 payments made on such person's behalf prior to May 3, 2006.74 (c) The commissioner shall delay execution of a claim against the estate where the75 dependents or heirs agree to pay the full amount of the claim in reasonable installments.76 (d) To prevent substantial and unreasonable hardship, the commissioner shall waive any77 claim against the first $25,000.00 of any estate. No later than July 1, 2018, the department78 shall submit to the United States Department of Health and Huma n Services Centers for79 Medicare and Medicaid Services an amendment to the state plan reflecting the provisions80 of this subsection. In the event that such amendment to the state plan is not approved, this81 subsection shall stand repealed in its entirety.82 (e)(1) Notwithstanding subsection (d) of this Code section, on and after January 1, 2027,83 for any estate that includes residential real property, the commissioner shall waive any84 claim against the greater of the first $25,000.00 of the estate or 50 percent of the median85 home value within the county where the residential real propert y is located; provided,86 however, that, if the estate includes more than one residential real property, any87 determination of median home value shall be based on the residential real property with88 the highest property valuation, as determined by the county boa rd of tax assessors in89 accordance with Code Section 48-5-299. To determine the median home value within90 a county, the commissioner may utilize the most recent American Community Survey as91 reported by the Bureau of Labor Statistics of the United States Department of Labor or92 any other similar source, if the commissioner determines that such source fairly reflects93 the median home value of counties within this state.94 H. B. 1517 - 4 - 26 LC 64 0092 (2) The county board of tax assessors shall cooperate with the commissioner in his or her95 efforts to perform his or her duties under this subsection.96 (3) Not later than August 1, 2026, the department shall submit to the United States97 Department of Health and Human Services Centers for Medicare and Medicaid Services98 an amendment to the state plan reflecting the provisions of this subsection. In the event99 that such amendment is not approved, this subsection shall stand repealed in its entirety."100 SECTION 4.101 Chapter 2 of Title 14 of the Official Code of Georgia Annotated , relating to business102 corporations, is amended by revising Code Section 14-2-120, relating to filing requirements,103 as follows:104 "14-2-120.105 (a) A document must shall satisfy the requirements of this Code section and of any other106 Code section that adds to or varies these requirements to be en titled to filing by the107 Secretary of State.108 (b) This chapter must shall require or permit filing the document in the office of the109 Secretary of State.110 (c) The document must shall contain the information required by this chapter. It may111 contain other information as well.112 (d) The document must shall be typewritten or printed.113 (e) The document must shall be in the English language. A corporate name need not be114 in English if written in English letters or Arabic or Roman numerals, and the certificate of115 existence required of foreign corporations need not be in Engli sh if accompanied by a116 reasonably authenticated English translation.117 (f) Prior to filing a document with the Secretary of State, a corporation shall provide a list118 of authorized persons who may execute and file documents under this chapter.119 (f)(g) The document must shall be executed:120 H. B. 1517 - 5 - 26 LC 64 0092 (1) By the chairperson of the board of directors of a domestic or foreign corporation, by121 its president, or by another of its officers;122 (2) If directors have not been selected or the corporation has not been formed, by an123 incorporator; or124 (3) If the corporation is in the hands of a receiver, trustee, or other court appointed125 fiduciary, by that fiduciary; or126 (4) An authorized person;127 provided, however, that the person executing the document may d o so as an attorney in128 fact. Powers of attorney relating to the execution of the document do not need to be shown129 to or filed with the Secretary of State.130 (g)(h) The person executing the document shall sign it and state beneath or opposite his131 or her signature his or her name and the capacity in which he o r she signs; provided,132 however, that, if the document is electronically transmitted, the electronic version of such133 person's name may be used in lieu of a signature. The document may but need not contain:134 (1) The corporate seal;135 (2) An attestation by the secretary or an assistant secretary; or136 (3) An acknowledgment, verification, or proof.137 (h)(i) The document must shall be delivered to the office of the Secretary of State for filing138 and must shall be accompanied by one exact or conformed copy (except as provi ded in139 Code Sections 14-2-503 and 14-2-1509), the correct filing fee, any certificate required by140 Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403 .1, and any penalty141 required by this chapter or other law.142 (i)(j) Notwithstanding the provisions of this chapter, the Secretary of State may authorize143 the filing of documents by electronic transmission, following the provisions of Chapter 12144 of Title 10, the 'Uniform Electronic Transactions Act,' and the Secretary of State shall be145 authorized to promulgate such rules and regulations as are nece ssary to implement146 electronic filing procedures."147 H. B. 1517 - 6 - 26 LC 64 0092 SECTION 5.148 Said chapter is further amended in Code Section 14-2-140, relating to definitions, by adding149 a new paragraph to read as follows:150 "(1.1) 'Authorized person' means a person who is authorized by a corporation to execute151 and file documents under this chapter on behalf of the corporation."152 SECTION 6.153 All laws and parts of laws in conflict with this Act are repealed.154 H. B. 1517 - 7 -