25 LC 50 0963
House Bill 932
By: Representatives Sainz of the 180
th
, Ballard of the 147
th
, Bonner of the 73
rd
, Newton of
the 127
th
, DeLoach of the 167
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax
1
credits for business enterprises in less developed areas, so as to provide for certain military2
zones that qualify for designation as less developed areas during a limited period of time; to3
provide for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for7
business enterprises in less developed areas, is amended by revising subsection (c) as8
follows:9
"(c) The commissioner of community affairs, and the commissioner of economic10
development in areas qualifying under the provisions of paragraphs (1), (3), and (4) of this11
subsection, also shall be authorized to include in the designation provided for in12
subsection (b) of this Code section:13
(1) Any area composed of ten or more contiguous census tracts which, in the opinion of14
the commissioner of community affairs and the commissioner of economic development,15
undergoes a sudden and severe period of economic distress caused by the closing of one16
or more business enterprises located in such area;17
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(2) Any area composed of one or more census tracts adjacent to a federal military
18
installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater19
as reflected in the most recent decennial census; provided, however, that the subsequent20
redrawing or alteration of census tracts in a manner which results in an area no longer21
being in a census tract adjacent to a federal military installation shall not disqualify an22
area which has previously qualified under this paragraph if the area continues to have23
pervasive poverty as described in this paragraph;24
(2.1) Any census tract in a county that contains a federal military installation with a25
garrison of at least 5,000 federal or military personnel combined and also contains an26
industrial park that is owned and operated by a governmental entity;27
(2.2) For 2025 and 2026, any census tract in a county that contains a federal military
28
installation with a garrison of at least 5,000 federal or military personnel;29
(3) Any area composed of one or more contiguous census tracts which, in the opinion30
of the commissioner of community affairs and the commissioner of economic31
development, is or will be adversely impacted by the loss of one or more jobs, businesses,32
or residences as a result of an airport expansion, including noise buy-outs, or the closing33
of a business enterprise which, in the opinion of the commissioner of community affairs34
and the commissioner of economic development, results or will result in a sudden and35
severe period of economic distress; or36
(4) Any area which is within or adjacent to one or more contiguous census block groups37
with a poverty rate of 15 percent or greater as determined from data in the most current38
United States decennial census, where the area is also included within a state enterprise39
zone pursuant to Chapter 88 of Title 36 or where a redevelopment plan has been adopted40
pursuant to Chapter 61 of Title 36 and which, in the opinion of the commissioner of41
community affairs and the commissioner of economic development, displays pervasive42
poverty, underdevelopment, general distress, and blight.43
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No designation made pursuant to this subsection shall operate to displace or remove any
44
other area previously designated as a less developed area. Notwithstanding any provision45
of this Code section to the contrary, in areas designated as suffering from pervasive poverty46
under this subsection, job tax credits shall be allowed as provided in this Code section, in47
addition to business enterprises, to any lawful business."48
SECTION 2.49
All laws and parts of laws in conflict with this Act are repealed.50
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