1 | 1 | | 25 LC 50 1186 |
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2 | 2 | | Senate Bill 304 |
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3 | 3 | | By: Senators Anderson of the 24th, Anavitarte of the 31st, Watson of the 11th, Brass of the |
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4 | 4 | | 6th, Kennedy of the 18th and others |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad |
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8 | 8 | | 1 |
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9 | 9 | | valorem taxation of property, so as to provide for direct payments to property owners whose2 |
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10 | 10 | | property was damaged or destroyed as a result of a certain natural disaster; to provide for an3 |
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11 | 11 | | appropriations contingency; to provide for the amounts of such payments; to provide for4 |
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12 | 12 | | procedures; to provide for definitions; to provide for related matters; to provide for an5 |
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13 | 13 | | automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other6 |
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14 | 14 | | purposes.7 |
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15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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16 | 16 | | SECTION 1.9 |
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17 | 17 | | Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem10 |
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18 | 18 | | taxation of property, is amended by adding a new Code section to read as follows:11 |
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19 | 19 | | "48-5-35. |
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20 | 20 | | 12 |
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21 | 21 | | (a) As used in this Code section, the term:13 |
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22 | 22 | | (1) 'Disaster area' means any county designated for public assistance or individual and14 |
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23 | 23 | | public assistance pursuant to the Federal Emergency Management Agency15 |
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24 | 24 | | FEMA-4830-DR Georgia disaster declaration as of November 4, 2024.16 |
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25 | 25 | | S. B. 304 |
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26 | 26 | | - 1 - 25 LC 50 1186 |
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27 | 27 | | (2) 'Property' means all real or personal property subject to taxation under this chapter;17 |
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28 | 28 | | provided, however, that such term shall not include any property of a public utility18 |
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29 | 29 | | subject to taxation under Article 11 of this chapter.19 |
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30 | 30 | | (3) 'Qualified disaster' means any disaster certified by the Federal Emergency20 |
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31 | 31 | | Management Agency (FEMA) occurring on or after September 24, 2024, and before21 |
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32 | 32 | | September 30, 2024.22 |
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33 | 33 | | (b) In connection with a qualified disaster and in order to promote the general welfare,23 |
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34 | 34 | | subject to the requirements of this Code section and appropriations for the purposes of this24 |
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35 | 35 | | Code section by the General Assembly, the commissioner shall disburse payments directly25 |
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36 | 36 | | to owners of property:26 |
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37 | 37 | | (1) Whose property:27 |
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38 | 38 | | (A) Was destroyed or damaged by a qualified disaster, as determined by July 5, 2025,28 |
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39 | 39 | | by the county board of tax assessors for the county in which such property is located;29 |
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40 | 40 | | and30 |
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41 | 41 | | (B) Is located in a disaster area; and31 |
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42 | 42 | | (2) Who owned the affected property at the time of the qualified disaster.32 |
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43 | 43 | | (c) The payments disbursed pursuant to subsection (b) of this Code section shall be in an33 |
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44 | 44 | | amount equal to the total amount of the tax levied on the property for tax year 2024.34 |
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45 | 45 | | (d) By July 31, 2025, owners of property who are eligible for payment under35 |
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46 | 46 | | subsection (b) of this Code section shall provide to the commissioner all information and36 |
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47 | 47 | | correctly completed documentation necessary for payment disbursement, as determined by37 |
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48 | 48 | | the commissioner. The commissioner shall determine the means by which owners of38 |
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49 | 49 | | property shall submit such necessary documentation and information. Failure to provide39 |
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50 | 50 | | all necessary information and correctly completed documentation under this subsection40 |
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51 | 51 | | shall result in forfeiture of eligibility for payment under this Code section.41 |
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52 | 52 | | (e) This Code section shall apply regardless of whether the affected property was restored42 |
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53 | 53 | | or replaced by December 31, 2024.43 |
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54 | 54 | | S. B. 304 |
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55 | 55 | | - 2 - 25 LC 50 1186 |
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56 | 56 | | (f) This Code section shall stand repealed on December 31, 2025."44 |
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57 | 57 | | SECTION 2.45 |
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58 | 58 | | This Act shall become effective upon its approval by the Governor or upon its becoming law46 |
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59 | 59 | | without such approval.47 |
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60 | 60 | | SECTION 3.48 |
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61 | 61 | | All laws and parts of laws in conflict with this Act are repealed.49 |
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62 | 62 | | S. B. 304 |
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63 | 63 | | - 3 - |
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