| 3 | 3 | | By: Representatives Efstration of the 104 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Blackmon of the 146 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Kelley of the 16 |
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| 8 | 8 | | th |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to |
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| 13 | 13 | | 1 |
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| 14 | 14 | | enterprise zones, so as to revise the class of retailer from which fees may be collected; to2 |
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| 15 | 15 | | revise the period of existence of enterprise zones; to provide for related matters; to repeal3 |
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| 16 | 16 | | conflicting laws; and for other purposes.4 |
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| 17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 18 | 18 | | SECTION 1.6 |
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| 19 | 19 | | Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise7 |
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| 20 | 20 | | zones, is amended in Code Section 36-88-6, relating to criteria for enterprise zone, by8 |
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| 21 | 21 | | revising subsection (g) as follows:9 |
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| 22 | 22 | | "(g)(1) A nominated area under this subsection shall:10 |
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| 23 | 23 | | (A) Be included in an urban redevelopment area as defined by paragraph (23) of |
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| 24 | 24 | | in11 |
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| 25 | 25 | | Code Section 36-61-2; and12 |
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| 26 | 26 | | (B) Contain within its borders the site for a redevelopment project having a minimum13 |
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| 27 | 27 | | of $400 million in capital investment for the redevelopment of an area certified by the14 |
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| 28 | 28 | | commissioner to have been chronically underdeveloped for a period of 20 years or15 |
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| 29 | 29 | | more.16 |
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| 32 | 32 | | (2) Any nominated area meeting the criteria in paragraph (1) of this subsection may be |
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| 33 | 33 | | 17 |
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| 34 | 34 | | designated as an enterprise zone. Any redevelopment project used to qualify an area for18 |
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| 35 | 35 | | designation as an enterprise zone under this subsection shall, upon approval of such19 |
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| 36 | 36 | | designation, qualify for an exemption of any sales and use tax levied within the20 |
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| 37 | 37 | | boundaries of such project.21 |
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| 38 | 38 | | (3) Any variation in the sales price of goods and services within any redevelopment22 |
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| 39 | 39 | | project used to qualify an area for designation as an enterprise zone under this subsection23 |
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| 40 | 40 | | attributable to lease arrangements between a retailer and the owner of the project shall be24 |
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| 41 | 41 | | a permitted practice under Parts 1 and 2 of Article 15 of Chapter 1 of Title 10.25 |
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| 42 | 42 | | (4) By resolution or ordinance, the local governing body designating and creating an26 |
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| 43 | 43 | | enterprise zone under this subsection may assess and collect annual enterprise zone27 |
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| 44 | 44 | | infrastructure fees from each retailer operating within the boundaries of the project |
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| 45 | 45 | | that28 |
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| 46 | 46 | | is a qualifying business or service enterprise making sales transactions exempted from29 |
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| 47 | 47 | | sales and use tax under paragraph (2) of this subsection in an amount not to exceed, in30 |
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| 48 | 48 | | aggregate, the amount of sales and use tax on transactions of such retailer exempted31 |
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| 49 | 49 | | under paragraph (2) of this subsection, which fees may be pledged by such local32 |
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| 50 | 50 | | governing body, directly or indirectly, as security for revenue bonds issued for33 |
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| 51 | 51 | | development or infrastructure within the enterprise zone.34 |
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| 52 | 52 | | (5) This subsection shall not apply to projects involving or related to casino gambling."35 |
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| 53 | 53 | | SECTION 2.36 |
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| 54 | 54 | | Said chapter is further amended by revising Code Section 36-88-10, relating to time37 |
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| 55 | 55 | | limitations, as follows:38 |
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| 56 | 56 | | "36-88-10.39 |
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| 57 | 57 | | An area designated as an enterprise zone shall remain in existence for ten years from the40 |
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| 58 | 58 | | first day of the calendar year immediately following its designation as an enterprise zone;41 |
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| 59 | 59 | | provided, however, that an area designated as an enterprise zone under subsection (g) of42 |
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| 62 | 62 | | Code Section 36-88-6 shall remain in existence for 30 years from such day or until the43 |
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| 63 | 63 | | redevelopment project required in subparagraph (g)(1)(B) of Code Section 36-88-6 is44 |
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| 64 | 64 | | complete and the first issuance of any revenue bonds issued under paragraph (4) of45 |
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| 65 | 65 | | subsection (g) of Code Section 36-88-6 are retired, whichever first occurs with a principal46 |
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| 66 | 66 | | amount in excess of $100,000.00. Municipal and county governments may enter into47 |
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| 67 | 67 | | agreements with qualifying business or service enterprises in designated enterprise zones48 |
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| 68 | 68 | | to provide for modification or termination of the tax and fee exemptions and abatements.49 |
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| 69 | 69 | | Property tax incentives available to a qualified business or service enterprise in an50 |
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| 70 | 70 | | enterprise zone shall remain in effect for the full ten-year period established by Code51 |
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| 71 | 71 | | Section 36-88-8, regardless of the termination of the designation of the enterprise zone."52 |
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| 72 | 72 | | SECTION 3.53 |
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| 73 | 73 | | All laws and parts of laws in conflict with this Act are repealed.54 |
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