Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0366 Compare Versions

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2-SENATE BILL 431
3- By Reeves
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54 HOUSE BILL 366
65 By Hale
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98 HB0366
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1312 AN ACT to amend Tennessee Code Annotated, Title 67,
1413 Chapter 5, Part 6, relative to property damaged by
1514 disaster.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Section 67-5-603(a)(1), is amended by
1918 redesignating the last sentence of the subdivision as a new subsection (e).
2019 SECTION 2. Tennessee Code Annotated, Section 67-5-603(a)(1), is amended by
2120 designating the existing language as subdivision (A) and adding the following as a new
2221 subdivision (B):
2322 (B) If, between September 1 and December 31 of any year, a building or
2423 improvement is moved, demolished, or destroyed, or substantially damaged by fire,
2524 flood, wind, or any other disaster, and is not restored and no other improvement is
2625 constructed in its place before January 1 of the next year, the assessor of property shall
2726 make or correct the assessment of such property on the basis of the value of the
2827 property after the move, destruction, or substantial damage of the improvements,
2928 notwithstanding the status of the property as of the assessment date of January 1;
3029 provided, that for the year in which such improvement is moved, demolished, destroyed,
3130 or so damaged, the assessor of property shall prorate the assessment of the
3231 improvement for that portion of the year and apply it to the subsequent tax year. This
3332 subdivision (a)(1)(B) is effective retroactively to January 1, 2024.
3433 SECTION 3. Tennessee Code Annotated, Section 67-5-603(d), is amended by deleting
3534 the language "subsection (a)" and substituting instead the language "subdivision (a)(1)(A)", and
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4039 deleting the language "subsection (d)" and substituting instead the language "subdivision
4140 (d)(1)".
4241 SECTION 4. Tennessee Code Annotated, Section 67-5-603(d), is amended by
4342 designating the existing language as subdivision (1) and adding the following as a new
4443 subdivision (2):
4544 (2) In the case of damage as a result of a disaster declared by the president of
4645 the United States, the annual assessment of an affected building or improvement in a
4746 county included in the presidential declaration must be prorated as otherwise provided in
4847 subdivision (a)(1)(B), for the actual time the building or improvement is destroyed and
4948 not replaced, or the actual time the building or improvement is substantially damaged,
5049 notwithstanding the building or improvement is restored or replaced by January 1 of the
5150 next year; provided, the total time the building or improvement is destroyed or damaged
5251 and not replaced or restored, exceeds thirty (30) days. The owner must apply for this
5352 relief to the assessor of property by January 1 of the next year using a form approved by
5453 the director of the state division of property assessments; provided, that for tax year
5554 2024, the owner must apply by June 30, 2025. This subdivision (d)(2) is effective
5655 retroactively to January 1, 2024. This subdivision (d)(2) does not take effect as to any
5756 particular county or municipality unless approved by a two-thirds (2/3) vote of its
5857 governing body following the disaster being declared by the president of the United
5958 States.
6059 SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.