Department Authorized to Establish Nonprofit Corporation to Qualify as a Public Foundation to Aid in Carrying Out Department's Powers and Purposes; Requirements; Annual Report

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  6. Department Authorized to Establish Nonprofit Corporation to Qualify as a Public Foundation to Aid in Carrying Out Department's Powers and Purposes; Requirements; Annual Report

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  1. The department shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes.Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," and the Secretary of State shall be authorized to accept such filing.
  2. Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
    1. In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation;
    2. Upon dissolution of any such nonprofit corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia;
    3. As used in this paragraph, the term "direct employee costs" means salary, benefits, and travel expenses.To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the department;
    4. Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records;
    5. The department shall not be liable for the action or omission to act of any such nonprofit corporation;
    6. No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state.No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and
    7. Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange.
  3. Pursuant to this Code section, the department may establish a nonprofit corporation to be designated as the Georgia Foundation for Early Care and Learning to Promote Public-Private Partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, public schools, and early care and education programs for the purpose of supporting educational excellence for children and families.Funds received by the foundation may be awarded through a competitive grant process administered by the department. The General Assembly may appropriate funds for purposes of this foundation.
  4. Any nonprofit corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated.

(Code 1981, §20-1A-4.1, enacted by Ga. L. 2017, p. 6, § 1/HB 463.)


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