1 | 1 | | 25 LC 46 1160 |
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2 | 2 | | House Bill 632 |
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3 | 3 | | By: Representatives Bonner of the 73 |
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4 | 4 | | rd |
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5 | 5 | | , Jenkins of the 136 |
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6 | 6 | | th |
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7 | 7 | | , Blackmon of the 146 |
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8 | 8 | | th |
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9 | 9 | | , Holcomb |
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10 | 10 | | of the 101 |
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11 | 11 | | st |
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12 | 12 | | , Williams of the 168 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | disabled veterans and blind persons engaging in peddling, operating businesses, or practicing2 |
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20 | 20 | | professions, so as to clarify certain veterans' eligibility for exemption with regard to payment3 |
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21 | 21 | | of occupation taxes, administrative fees, and regulatory fees; to provide a definition of4 |
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22 | 22 | | "armed conflict" consistent with current federal law; to provide for armed conflicts to be5 |
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23 | 23 | | equivalent to periods of war with regard to certain exemptions; to provide for certain6 |
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24 | 24 | | procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.7 |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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26 | 26 | | SECTION 1.9 |
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27 | 27 | | Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled10 |
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28 | 28 | | veterans and blind persons engaging in peddling, operating businesses, or practicing11 |
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29 | 29 | | professions, is amended by revising Code Section 43-12-1, relating to exemption from12 |
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30 | 30 | | payment of occupation tax, administrative fee, or regulatory fee, as follows:13 |
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31 | 31 | | "43-12-1.14 |
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32 | 32 | | Subject to the limitations provided in this chapter, the following classes of persons may15 |
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33 | 33 | | peddle, conduct business, or practice the professions and semiprofessions in any county or16 |
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34 | 34 | | H. B. 632 |
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35 | 35 | | - 1 - 25 LC 46 1160 |
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36 | 36 | | municipality in this state without paying an occupation tax, administrative fee, or |
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37 | 37 | | 17 |
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38 | 38 | | regulatory fee for the privilege of so doing, |
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39 | 39 | | ; provided, however, that such person receives18 |
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40 | 40 | | a certificate of exemption issued by the commissioner of veterans service:19 |
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41 | 41 | | (1) Any disabled veteran of any war or armed conflict as defined in 38 C.F.R.20 |
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42 | 42 | | Section 3.2, as it existed on January 1, 2025, in which any branch of the armed forces of21 |
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43 | 43 | | the United States engaged, whether under United States command or otherwise;22 |
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44 | 44 | | (2) Any blind person; or23 |
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45 | 45 | | (3) Any veteran of peace-time service in the armed forces of the United States armed24 |
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46 | 46 | | forces who has a physical disability incurred during the period of such service."25 |
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47 | 47 | | SECTION 2.26 |
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48 | 48 | | Said chapter is further amended by revising Code Section 43-12-2, relating to qualifications27 |
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49 | 49 | | and proof of blindness or disability, as follows:28 |
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50 | 50 | | "43-12-2.29 |
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51 | 51 | | (a) No person shall be entitled to an exemption from occupation taxes, administrative fees,30 |
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52 | 52 | | or regulatory fees which would otherwise be required to peddle, conduct business, or31 |
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53 | 53 | | practice the professions or semiprofessions under this chapter until it has been made to32 |
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54 | 54 | | appear to the issuing authority that the person making application therefor is a resident of33 |
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55 | 55 | | this state and that the income of such person is such that he or she is not liable for the34 |
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56 | 56 | | payment of state income taxes.35 |
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57 | 57 | | (b)(a) A blind person shall Blind persons must furnish satisfactory proof of their his or her36 |
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58 | 58 | | blindness to the issuing authority.37 |
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59 | 59 | | (c)(b) A war veteran must shall furnish satisfactory proof that he or she has a physical38 |
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60 | 60 | | disability which is disabling to the extent of 10 percent or more; that his or her service in39 |
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61 | 61 | | the armed forces of the United States was terminated under conditions other than40 |
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62 | 62 | | dishonorable; and that his or her service or some part thereof was rendered during a war41 |
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63 | 63 | | period as defined by an act of the Congress of the United States, approved March 20, 1933,42 |
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64 | 64 | | H. B. 632 |
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65 | 65 | | - 2 - 25 LC 46 1160 |
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66 | 66 | | entitled 'An Act to Maintain the Credit of the United States,' and commonly known as43 |
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67 | 67 | | Public Law No. 2, 73rd Congress; or that some part of his or her service was rendered on44 |
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68 | 68 | | or after December 7, 1941, and before December 31, 1946; or that some part of his or her45 |
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69 | 69 | | service was rendered on or after June 27, 1950, and before January 31, 1955; or that some46 |
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70 | 70 | | part of his or her service was rendered on or after August 5, 1964, and before May 8, 197547 |
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71 | 71 | | or armed conflict as defined in 38 C.F.R. Section 3.2, as it existed on January 1, 2025. 48 |
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72 | 72 | | Proof of such 10 percent disability shall be established upon the written certificate of two49 |
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73 | 73 | | physicians as to such disability, or by a letter or other written evidence from the United50 |
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74 | 74 | | States Department of Veterans Affairs or the Department of Veterans Service stating the51 |
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75 | 75 | | degree of disability, or by written evidence from the branch of the armed forces of the52 |
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76 | 76 | | United States in which such veteran served.53 |
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77 | 77 | | (d)(c) A veteran of peace-time service in the United States armed forces must shall furnish54 |
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78 | 78 | | proof that he or she has a physical disability to the extent of 25 30 percent or more incurred55 |
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79 | 79 | | in the line of duty during the period of such service by a letter or other evidence from the56 |
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80 | 80 | | United States Department of Veterans Affairs or the Department of Veterans Service57 |
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81 | 81 | | stating the degree of disability or by written evidence from the branch of the armed forces58 |
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82 | 82 | | of the United States in which such veteran served and that his or her service in the armed59 |
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83 | 83 | | forces of the United States was terminated under conditions other than dishonorable."60 |
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84 | 84 | | SECTION 3.61 |
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85 | 85 | | Said chapter is further amended by revising Code Section 43-12-3, relating to application for62 |
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86 | 86 | | certificate of eligibility and ten-year period of validity, as follows:63 |
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87 | 87 | | "43-12-3.64 |
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88 | 88 | | All persons within the groups enumerated in Code Section 43-12-1 seeking a certificate of65 |
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89 | 89 | | exemption from the payment of occupation taxes, administrative fees, or regulatory fees66 |
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90 | 90 | | for peddling, conducting a business, or practicing a profession or semiprofession must shall67 |
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91 | 91 | | first make application to the judge of the probate court of the county in which he or she68 |
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92 | 92 | | H. B. 632 |
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93 | 93 | | - 3 - 25 LC 46 1160 |
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94 | 94 | | resides for a certificate of eligibility through the filing of the Department of Veterans69 |
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95 | 95 | | Service's VS Form 40-025, Application for a Veterans Business Certificate of Exemption. 70 |
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96 | 96 | | Each applicant shall make an affidavit before the judge of the probate court that he or she71 |
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97 | 97 | | is not subject to payment of any income taxes to this state. Upon receipt of such72 |
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98 | 98 | | application form and the evidence required in Code Section 43-12-2 and the execution of73 |
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99 | 99 | | the affidavit required by this Code section, the judge of the probate court shall issue a74 |
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100 | 100 | | certificate of eligibility stating that the applicant has furnished the proof required for the75 |
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101 | 101 | | issuance of a certificate of exemption required by the commissioner of veterans service. 76 |
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102 | 102 | | The commissioner of veterans service or his or her designee shall issue a VS Form 40-026,77 |
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103 | 103 | | Veteran's Certificate of State License/Tax Exemption, which the veteran shall file with his78 |
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104 | 104 | | or her local county tax office for submission to the Secretary of State's Office. Such79 |
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105 | 105 | | certificate of eligibility shall be valid for a period of ten years from the date of issue."80 |
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106 | 106 | | SECTION 4.81 |
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107 | 107 | | All laws and parts of laws in conflict with this Act are repealed.82 |
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108 | 108 | | H. B. 632 |
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109 | 109 | | - 4 - |
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