HB413: HB413 Agriculture; prohibit local ordinances that prohibit operation of mobile sawmills on agricultural land

26 HB 413/AP House Bill 413 (AS PASSED HOUSE AND SENATE) By: Representatives Jenkins of the 136 th, Huddleston of the 72 nd, Campbell of the 171 st, Ridley of the 22nd, and Byrd of the 20th A BILL TO BE ENTITLED AN ACT To amend Code Section 31-10-26 of the Official Code of Georgia Annotated, relating to1 certified copies of vital records, duplicates, and data, so as to provide for vital record access2 to certain grantee beneficiaries; to amend Chapter 17 of Title 44 of the Official Code of3 Georgia Annotated, relating to transfer-on-death deeds, so as t o modify certain provisions4 regarding transfer-on-death deeds; to provide for property of solvent and of insolvent estates;5 to provide for the acceptance of a real estate transfer; to provide for revocation; to provide6 for limitations; to provide for curing defects; to amend Chapter 3 of Title 53 of the Official7 Code of Georgia Annotated, relating to year's support, so as to provide for precedence of8 transfer-on-death deeds; to amend Chapter 1 of Title 2 of the O fficial Code of Georgia9 Annotated, relating to general provisions relative to agriculture, so as to prohibit certain local10 government entities from regulating certain livestock or owners ; to provide for related11 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 413 - 1 - 26 HB 413/AP SECTION 1.14 Code Section 31-10-26 of the Official Code of Georgia Annotated, relating to certified copies15 of vital records, duplicates and data, is amended by revising s ubparagraph (a)(1)(A) as16 follows:17 "(A) A certified copy of a vital record in that registrar's or custodian's custody or18 abstract thereof to any applicant having a direct and tangible interest in the vital record,19 including, but not limited to, any grantee beneficiary designated by a record owner in20 a deed titling an interest in real estate in a transfer-on-deat h form as provided in21 subsection (a) of Code Section 44-17-2;"22 SECTION 2.23 Chapter 17 of Title 44 of the Official Code of Georgia Annotate d, relating to24 transfer-on-death deeds, is amended by revising Code Section 44 -17-2, relating to25 requirements, as follows:26 "44-17-2.27 (a)(1) An interest in real estate may be titled in a transfer-on-death form by recording a28 deed, signed by the record owner of the interest, designating a grantee beneficiary or29 beneficiaries of the interest.30 (2) The record owner shall have the same legal capacity required to enter into a contract31 in order to execute a transfer-on-death deed. Such deed shall transfer ownership of such32 interest upon the death of the record owner.33 (3) An attorney in fact shall not be authorized to execute a t ransfer-on-death deed on34 behalf of a record owner.35 (4) A transfer-on-death deed need not be supported by consideration.36 (5) In a transfer-on-death deed, the record owner shall be authorized but not restricted37 to:38 H. B. 413 - 2 - 26 HB 413/AP (A) Designate one or more alternate grantee beneficiaries whose property interests are39 contingent upon a primary grantee beneficiary who either predeceases the record owner40 or dies during the acceptance period before accepting the property; and41 (B) Convey a beneficiary interest to an express trust by namin g the trustee as a42 designated grantee beneficiary.43 (6) In a transfer-on-death deed, the record owner shall not be authorized to:44 (A) Create or declare an express trust pursuant to Code Section 53-12-20; or45 (B) Create a beneficial interest in real property pursuant to Article 8 of Chapter 12 of46 Title 53.47 (7) A real estate transfer tax declaration form shall not be filed with a transfer-on-death48 deed filed by the record owner.49 (b) The signature, consent, or agreement of or notice to a gra ntee beneficiary or50 beneficiaries of a transfer-on-death deed shall not be required for any purpose during the51 lifetime of the record owner.52 (c)(1) A transfer-on-death deed shall transfer ownership of th e record owner's interest53 in real estate to each grantee beneficiary upon both of the following being complete after54 the death of the record owner:55 (A) Execution of the affidavit required by subsection (d) of this Code section; and56 (B) Recording such affidavit as required by subsection (e) of this Code section.57 (2) An interest in real estate passing pursuant to a transfer- on-death deed may be58 accepted by each designated grantee beneficiary who is either a sui juris individual, a59 trustee, or any other legal entity over which such individual h as proper authority. If a60 designated grantee beneficiary is a ward or minor, a legal guardian or legal conservator61 may accept such interest in real estate pursuant to a transfer-on-death deed on behalf of62 such ward or minor.63 H. B. 413 - 3 - 26 HB 413/AP (3) A designated grantee beneficiary shall not accept such interest in real estate on behalf64 of another designated grantee beneficiary, except as provided for in paragraph (2) of this65 subsection.66 (c)(d) Each designated grantee beneficiary wishing to To accept real estate pursuant to a67 transfer-on-death deed, a designated grantee beneficiary shall execute an affidavit68 affirming:69 (1) Verification of the record owner's death;70 (2) Whether the record owner and the designated grantee beneficiary were married at the71 time of the record owner's death; and72 (3) The deed book and page number of the recorded transfer-on-death deed; and73 (3)(4) A legal description of the real estate.74 (d)(e) The designated grantee beneficiary shall attach a copy of the record owner's death75 certificate to the affidavit provided for in subsection (c) (d) of this Code section. For a76 record owner's death occurring on or after July 1, 2024 2026 , the designated grantee77 beneficiary shall record such affidavit, real estate transfer tax declaration form, and related78 documents with the office of the clerk of superior court of the county where the real estate79 is located within nine months of the record owner's death or th e interest in the property80 shall revert to the deceased record owner's estate; provided, h owever, that for a record81 owner's death occurring before July 1, 2024, such recording of the affidavit provided for82 in subsection (c) of this Code section and related documents by the designated grantee83 beneficiary or beneficiaries shall not be subject to the nine-month time limitation.84 (f) Notwithstanding the provisions of paragraph (1) of subsection (c) of this Code section85 to the contrary, a designated grantee beneficiary affidavit recorded pursuant to this Code86 section before July 1, 2026, in which one or more of the named designated grantee87 beneficiaries of a transfer-on-death deed explicitly accepts the interests being conveyed by88 such deed on behalf of all or some of the designated grantee be neficiaries named in the89 H. B. 413 - 4 - 26 HB 413/AP affidavit shall be effective to accept such interests if execut ed by at least one of the90 designated grantee beneficiaries accepting such interests.91 (g)(1) The personal representative of the estate of a deceased record owner shall provide92 each designated grantee beneficiary with notice of the transfer -on-death deed in93 accordance with the same requirements and conditions as provide d in Code94 Section 53-5-8.95 (2)(A) The personal representative of the solvent estate of a deceased record owner 96 shall be authorized to incur expenses for mortgage payments, property taxes, and any97 repairs that render the property in imminent danger of being destroyed if not completed98 as solely determined by the personal representative or the city or county code99 enforcement until the interest in such property is accepted by a designated grantee100 beneficiary or beneficiaries. The estate shall be entitled to repayment of such expenses101 incurred during such time and shall have a priority special lien against the property for102 any amount that is not repaid within one year after such acceptance. Such lien shall be103 inferior to any liens for property taxes or previously recorded security deeds.104 (B) If the special lien has not been paid in full at the expiration of the one-year period,105 the estate shall have 30 days to file a claim of lien in the office of the clerk of superior106 court of the county where the property is located. The lien shall attach to the property107 for a period of 365 days from the recording date of the lien in the same manner as108 provided in Code Section 44-14-367.109 (C) No later than two business days after the date the claim of lien is filed of record,110 the estate shall send a true and accurate copy of the claim of lien by registered mail,111 certified mail, or statutory overnight delivery to the owner of the property.112 (D) The estate shall have the right to commence a foreclosure of the lien prior to its113 expiration in the same manner as the enforcement of mechanic's liens pursuant to Code114 Section 44-14-361.115 H. B. 413 - 5 - 26 HB 413/AP (3) In the event that a property which is part of an insolvent estate is subject to imminent116 danger of foreclosure, condemnation, or destruction, after receiving notice by a secured117 lender or government entity, the personal representative of such insolvent estate shall be118 authorized to record an affidavit of notice in the office of th e clerk of superior court of119 the county where the property is located to which the notice of imminent foreclosure,120 condemnation, or destruction shall be attached. If no designated grantee beneficiary has121 completed the requirements of subsections (d) and (e) of this Code section, the estate's122 personal representative shall have the right to sell the property and pay off all debts, and123 any remaining proceeds shall revert back to the estate.124 (h) Each designated grantee beneficiary shall be deemed as hav ing direct and tangible125 interest in real estate for the purpose of applying for the issuance of a certified copy of the126 certificate of death of such record owner pursuant to subparagr aph (a)(1)(A) of Code127 Section 31-10-26."128 SECTION 3.129 Said chapter is further amended by revising subsection (a) and by adding a new subsection130 to Code Section 44-17-4, relating to revocation or amendment, as follows:131 "(a) A record owner of an interest in real estate who has title d such interest in a132 transfer-on-death deed form and designated a beneficiary or ben eficiaries in the manner133 provided in this chapter may revoke such designation of the gra ntee beneficiary or134 beneficiaries at any time prior to the death of such record own er, by executing,135 acknowledging, and recording in the office of the clerk of supe rior court of the county136 where the real estate is located an instrument revoking such designation. The instrument137 of revocation shall refer to the initial transfer-on-death deed, shall be signed by the record138 owner or such record owner's duly authorized attorney-in-fact, and such signature shall be139 attested by an officer as provided in Code Section 44-2-15 and attested by two one other140 witnesses witness. Such revocation may be included in another deed or other instrument141 H. B. 413 - 6 - 26 HB 413/AP of conveyance that is recorded. The signature, consent, or agreement of or notice to the142 designated grantee beneficiary or beneficiaries to the revocation shall not be required."143 "(d) In any case where the record owner subsequently sells or conveys an interest in real144 estate before such record owner's death or conveys an interest in real estate to a trustee of145 such record owner's express trust, or where the death of a sole designated grantee146 beneficiary occurs before acceptance, the transfer-on-death deed intended for conveyance147 to the designated grantee beneficiary is rendered revoked."148 SECTION 4.149 Said chapter is further amended by revising Code Section 44-17- 5, relating to grantee150 beneficiary rights and prior death of designated grantee beneficiary, as follows:151 "44-17-5.152 (a) A grantee beneficiary or the beneficiaries of a transfer-o n-death deed shall take the153 interest in real estate of the record owner at the death of suc h record owner upon the154 acceptance of such interest pursuant to Code Section 44-17-2, free and clear of any claims155 or interest as to a person who became the spouse of the record owner subsequent to the156 execution of the transfer-on-death deed, subject to all recorded conveyances, assignments,157 contracts, mortgages, liens, and security pledges made by the record owner or to which the158 record owner was subject during the lifetime of such record own er, including, but not159 limited to, any recorded executory contract of sale, option to purchase, lease, license,160 easement, mortgage, deed of trust or lien, and to any interest conveyed by the record owner161 that is less than all of the record owner's interest in the property; provided, however, that162 a nonconsensual lien against the grantee beneficiary or beneficiaries shall not attach to the163 property until the recording of the affidavit described in subs ections (d) and (e) of Code164 Section 44-17-2. A transfer-on-death deed takes precedence and priority over all unsecured165 debts of the record owner's estate filed upon the death of the record owner, unless the166 property is unredeemed.167 H. B. 413 - 7 - 26 HB 413/AP (b) If one or more of the designated grantee beneficiaries die s prior to the death of the168 record owner, the transfer to those beneficiaries who predeceas e the record owner shall169 lapse and shall be deemed revoked, and the lapsed interest shall be split evenly among the170 remaining designated grantee beneficiaries who are living at the time of the death of the171 record owner and shall not revert to the estate. Similarly, if one or more of the designated172 grantee beneficiaries die after the death of the record owner, but before acceptance of the173 property, the transfer to such beneficiaries who die after the record owner shall lapse and174 shall be deemed revoked, and the lapsed interest shall be split evenly among the remaining175 designated grantee beneficiaries who are living at the time of the death of the record owner176 and shall not revert to the estate. In the event the grantee beneficiary or beneficiaries are177 designated in the deed to be joint tenants with right of surviv orship, the death of one or178 more of the designated grantee beneficiaries prior to the death of the record owner shall not179 invalidate an otherwise validly created joint tenancy estate as to those designated grantee180 beneficiaries who are living at the time of the death of the record owner."181 SECTION 5.182 Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support,183 is amended by revising Code Section 53-3-5, relating to filing of petition, as follows:184 "53-3-5.185 (a) Except as provided by subsection (a) of Code Section 44-17-5, upon Upon the death186 of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian187 or other person acting in on behalf of the surviving spouse or in on behalf of a minor child188 may file a petition for year's support in the probate court hav ing jurisdiction over the189 decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child,190 no additional guardian ad litem shall be appointed for such minor child unless ordered by191 the court.192 H. B. 413 - 8 - 26 HB 413/AP (b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full193 name and birthdate birth date of each surviving minor child, and a schedule of the property,194 including household furniture, that the petitioner proposes to have set apart as year's195 support. The petition shall describe fully and accurately any real property the petitioner196 proposes to have set apart as year's support with a legal descr iption sufficient under the197 laws of this state to pass title to the real property.198 (c) A petition for year's support shall be filed within 24 months of the date of death of the199 decedent."200 SECTION 6.201 Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions202 relative to agriculture, is amended by revising subsection (a) of Code Section 2-1-6, relating203 to preemption of local ordinances relating to production of agricultural or farm products, as204 follows:205 "(a) No county, municipality, consolidated government, or other political subdivision of206 this state shall adopt or enforce any ordinance, rule, regulati on, or resolution regulating207 crop management or animal husbandry practices involved in the production of agricultural208 or farm products on any private property or any livestock or owner located on any private209 property or public road as such terms are defined in Chapter 3 of Title 4."210 SECTION 7.211 This Act shall become effective upon its approval by the Governor or upon its becoming law212 without such approval.213 SECTION 8.214 All laws and parts of laws in conflict with this Act are repealed.215 H. B. 413 - 9 -