4 | 3 | | |
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5 | 4 | | HOUSE BILL 366 |
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6 | 5 | | By Hale |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0366 |
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10 | 9 | | 001315 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 67, |
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14 | 13 | | Chapter 5, Part 6, relative to property damaged by |
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15 | 14 | | disaster. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 67-5-603(a)(1), is amended by |
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19 | 18 | | redesignating the last sentence of the subdivision as a new subsection (e). |
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20 | 19 | | SECTION 2. Tennessee Code Annotated, Section 67-5-603(a)(1), is amended by |
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21 | 20 | | designating the existing language as subdivision (A) and adding the following as a new |
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22 | 21 | | subdivision (B): |
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23 | 22 | | (B) If, between September 1 and December 31 of any year, a building or |
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24 | 23 | | improvement is moved, demolished, or destroyed, or substantially damaged by fire, |
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25 | 24 | | flood, wind, or any other disaster, and is not restored and no other improvement is |
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26 | 25 | | constructed in its place before January 1 of the next year, the assessor of property shall |
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27 | 26 | | make or correct the assessment of such property on the basis of the value of the |
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28 | 27 | | property after the move, destruction, or substantial damage of the improvements, |
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29 | 28 | | notwithstanding the status of the property as of the assessment date of January 1; |
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30 | 29 | | provided, that for the year in which such improvement is moved, demolished, destroyed, |
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31 | 30 | | or so damaged, the assessor of property shall prorate the assessment of the |
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32 | 31 | | improvement for that portion of the year and apply it to the subsequent tax year. This |
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33 | 32 | | subdivision (a)(1)(B) is effective retroactively to January 1, 2024. |
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34 | 33 | | SECTION 3. Tennessee Code Annotated, Section 67-5-603(d), is amended by deleting |
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35 | 34 | | the language "subsection (a)" and substituting instead the language "subdivision (a)(1)(A)", and |
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36 | 35 | | |
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37 | 36 | | |
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38 | 37 | | - 2 - 001315 |
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39 | 38 | | |
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40 | 39 | | deleting the language "subsection (d)" and substituting instead the language "subdivision |
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41 | 40 | | (d)(1)". |
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42 | 41 | | SECTION 4. Tennessee Code Annotated, Section 67-5-603(d), is amended by |
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43 | 42 | | designating the existing language as subdivision (1) and adding the following as a new |
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44 | 43 | | subdivision (2): |
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45 | 44 | | (2) In the case of damage as a result of a disaster declared by the president of |
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46 | 45 | | the United States, the annual assessment of an affected building or improvement in a |
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47 | 46 | | county included in the presidential declaration must be prorated as otherwise provided in |
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48 | 47 | | subdivision (a)(1)(B), for the actual time the building or improvement is destroyed and |
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49 | 48 | | not replaced, or the actual time the building or improvement is substantially damaged, |
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50 | 49 | | notwithstanding the building or improvement is restored or replaced by January 1 of the |
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51 | 50 | | next year; provided, the total time the building or improvement is destroyed or damaged |
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52 | 51 | | and not replaced or restored, exceeds thirty (30) days. The owner must apply for this |
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53 | 52 | | relief to the assessor of property by January 1 of the next year using a form approved by |
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54 | 53 | | the director of the state division of property assessments; provided, that for tax year |
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55 | 54 | | 2024, the owner must apply by June 30, 2025. This subdivision (d)(2) is effective |
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56 | 55 | | retroactively to January 1, 2024. This subdivision (d)(2) does not take effect as to any |
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57 | 56 | | particular county or municipality unless approved by a two-thirds (2/3) vote of its |
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58 | 57 | | governing body following the disaster being declared by the president of the United |
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59 | 58 | | States. |
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60 | 59 | | SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it. |
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