HB 413: Agriculture; prohibit local ordinances that prohibit operation of mobile sawmills on agricultural land

House Bill 413 (AS PASSED HOUSE AND SENATE)

By: Representatives Jenkins of the 136th, Huddleston of the 72nd, Campbell of the 171st, 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 to certified copies of vital records, duplicates, and data, so as to provide for vital record access to certain grantee beneficiaries; to amend Chapter 17 of Title 44 of the Official Code of Georgia Annotated, relating to transfer-on-death deeds, so as to modify certain provisions regarding transfer-on-death deeds; to provide for property of solvent and of insolvent estates; to provide for the acceptance of a real estate transfer; to provide for revocation; to provide for limitations; to provide for curing defects; to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to provide for precedence of transfer-on-death deeds; to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to prohibit certain local government entities from regulating certain livestock or owners; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 31-10-26 of the Official Code of Georgia Annotated, relating to certified copies of vital records, duplicates and data, is amended by revising subparagraph (a)(1)(A) as follows:

"(A) A certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, including, but not limited to, any grantee beneficiary designated by a record owner in a deed titling an interest in real estate in a transfer-on-death form as provided in subsection (a) of Code Section 44-17-2;"

SECTION 2.

Chapter 17 of Title 44 of the Official Code of Georgia Annotated, relating to transfer-on-death deeds, is amended by revising Code Section 44-17-2, relating to requirements, as follows:

"44-17-2.

(a)(1) An interest in real estate may be titled in a transfer-on-death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest.

(2) The record owner shall have the same legal capacity required to enter into a contract in order to execute a transfer-on-death deed. Such deed shall transfer ownership of such interest upon the death of the record owner.

(3) An attorney in fact shall not be authorized to execute a transfer-on-death deed on behalf of a record owner.

(4) A transfer-on-death deed need not be supported by consideration.

(5) In a transfer-on-death deed, the record owner shall be authorized but not restricted to:

(A) Designate one or more alternate grantee beneficiaries whose property interests are contingent upon a primary grantee beneficiary who either predeceases the record owner or dies during the acceptance period before accepting the property; and

(B) Convey a beneficiary interest to an express trust by naming the trustee as a designated grantee beneficiary.

(6) In a transfer-on-death deed, the record owner shall not be authorized to:

(A) Create or declare an express trust pursuant to Code Section 53-12-20; or

(B) Create a beneficial interest in real property pursuant to Article 8 of Chapter 12 of Title 53.

(7) A real estate transfer tax declaration form shall not be filed with a transfer-on-death deed filed by the record owner.

(b) The signature, consent, or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.

(c)(1) A transfer-on-death deed shall transfer ownership of the record owner's interest in real estate to each grantee beneficiary upon both of the following being complete after the death of the record owner:

(A) Execution of the affidavit required by subsection (d) of this Code section; and

(B) Recording such affidavit as required by subsection (e) of this Code section.

(2) An interest in real estate passing pursuant to a transfer-on-death deed may be accepted by each designated grantee beneficiary who is either a sui juris individual, a trustee, or any other legal entity over which such individual has proper authority. If a designated grantee beneficiary is a ward or minor, a legal guardian or legal conservator may accept such interest in real estate pursuant to a transfer-on-death deed on behalf of such ward or minor.

(3) A designated grantee beneficiary shall not accept such interest in real estate on behalf of another designated grantee beneficiary, except as provided for in paragraph (2) of this subsection.

(c)(d) Each designated grantee beneficiary wishing to To accept real estate pursuant to a transfer-on-death deed, a designated grantee beneficiary shall execute an affidavit affirming:

(1) Verification of the record owner's death;

(2) Whether the record owner and the designated grantee beneficiary were married at the time of the record owner's death; and

(3) The deed book and page number of the recorded transfer-on-death deed; and (3)(4) A legal description of the real estate.

(d)(e) The designated grantee beneficiary shall attach a copy of the record owner's death certificate to the affidavit provided for in subsection (c) (d) of this Code section. For a record owner's death occurring on or after July 1, 2024 2026, the designated grantee beneficiary shall record such affidavit, real estate transfer tax declaration form, and related documents with the office of the clerk of superior court of the county where the real estate is located within nine months of the record owner's death or the interest in the property shall revert to the deceased record owner's estate; provided, however, that for a record owner's death occurring before July 1, 2024, such recording of the affidavit provided for in subsection (c) of this Code section and related documents by the designated grantee beneficiary or beneficiaries shall not be subject to the nine-month time limitation.

(f) Notwithstanding the provisions of paragraph (1) of subsection (c) of this Code section to the contrary, a designated grantee beneficiary affidavit recorded pursuant to this Code section before July 1, 2026, in which one or more of the named designated grantee beneficiaries of a transfer-on-death deed explicitly accepts the interests being conveyed by such deed on behalf of all or some of the designated grantee beneficiaries named in the affidavit shall be effective to accept such interests if executed by at least one of the designated grantee beneficiaries accepting such interests.

(g)(1) The personal representative of the estate of a deceased record owner shall provide each designated grantee beneficiary with notice of the transfer-on-death deed in accordance with the same requirements and conditions as provided in Code Section 53-5-8.

(2)(A) The personal representative of the solvent estate of a deceased record owner shall be authorized to incur expenses for mortgage payments, property taxes, and any repairs that render the property in imminent danger of being destroyed if not completed as solely determined by the personal representative or the city or county code enforcement until the interest in such property is accepted by a designated grantee beneficiary or beneficiaries. The estate shall be entitled to repayment of such expenses incurred during such time and shall have a priority special lien against the property for any amount that is not repaid within one year after such acceptance. Such lien shall be inferior to any liens for property taxes or previously recorded security deeds.

(B) If the special lien has not been paid in full at the expiration of the one-year period, the estate shall have 30 days to file a claim of lien in the office of the clerk of superior court of the county where the property is located. The lien shall attach to the property for a period of 365 days from the recording date of the lien in the same manner as provided in Code Section 44-14-367.

(C) No later than two business days after the date the claim of lien is filed of record, the estate shall send a true and accurate copy of the claim of lien by registered mail, certified mail, or statutory overnight delivery to the owner of the property.

(D) The estate shall have the right to commence a foreclosure of the lien prior to its expiration in the same manner as the enforcement of mechanic's liens pursuant to Code Section 44-14-361.

(3) In the event that a property which is part of an insolvent estate is subject to imminent danger of foreclosure, condemnation, or destruction, after receiving notice by a secured lender or government entity, the personal representative of such insolvent estate shall be authorized to record an affidavit of notice in the office of the clerk of superior court of the county where the property is located to which the notice of imminent foreclosure, condemnation, or destruction shall be attached. If no designated grantee beneficiary has completed the requirements of subsections (d) and (e) of this Code section, the estate's personal representative shall have the right to sell the property and pay off all debts, and any remaining proceeds shall revert back to the estate.

(h) Each designated grantee beneficiary shall be deemed as having direct and tangible interest in real estate for the purpose of applying for the issuance of a certified copy of the certificate of death of such record owner pursuant to subparagraph (a)(1)(A) of Code Section 31-10-26."

SECTION 3.

Said chapter is further amended by revising subsection (a) and by adding a new subsection to Code Section 44-17-4, relating to revocation or amendment, as follows: "(a) A record owner of an interest in real estate who has titled such interest in a transfer-on-death deed form and designated a beneficiary or beneficiaries in the manner provided in this chapter may revoke such designation of the grantee beneficiary or beneficiaries at any time prior to the death of such record owner, by executing, acknowledging, and recording in the office of the clerk of superior court of the county where the real estate is located an instrument revoking such designation. The instrument of revocation shall refer to the initial transfer-on-death deed, shall be signed by the record owner or such record owner's duly authorized attorney-in-fact, and such signature shall be attested by an officer as provided in Code Section 44-2-15 and attested by two one other witnesses witness. Such revocation may be included in another deed or other instrument of conveyance that is recorded. The signature, consent, or agreement of or notice to the designated grantee beneficiary or beneficiaries to the revocation shall not be required." "(d) In any case where the record owner subsequently sells or conveys an interest in real estate before such record owner's death or conveys an interest in real estate to a trustee of such record owner's express trust, or where the death of a sole designated grantee beneficiary occurs before acceptance, the transfer-on-death deed intended for conveyance to the designated grantee beneficiary is rendered revoked."

SECTION 4.

Said chapter is further amended by revising Code Section 44-17-5, relating to grantee beneficiary rights and prior death of designated grantee beneficiary, as follows:

"44-17-5.

(a) A grantee beneficiary or the beneficiaries of a transfer-on-death deed shall take the interest in real estate of the record owner at the death of such record owner upon the acceptance of such interest pursuant to Code Section 44-17-2, free and clear of any claims or interest as to a person who became the spouse of the record owner subsequent to the execution of the transfer-on-death deed, subject to all recorded conveyances, assignments, contracts, mortgages, liens, and security pledges made by the record owner or to which the record owner was subject during the lifetime of such record owner, including, but not limited to, any recorded executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property; provided, however, that a nonconsensual lien against the grantee beneficiary or beneficiaries shall not attach to the property until the recording of the affidavit described in subsections (d) and (e) of Code Section 44-17-2. A transfer-on-death deed takes precedence and priority over all unsecured debts of the record owner's estate filed upon the death of the record owner, unless the property is unredeemed.

(b) If one or more of the designated grantee beneficiaries dies prior to the death of the record owner, the transfer to those beneficiaries who predecease the record owner shall lapse and shall be deemed revoked, and the lapsed interest shall be split evenly among the remaining designated grantee beneficiaries who are living at the time of the death of the record owner and shall not revert to the estate. Similarly, if one or more of the designated grantee beneficiaries die after the death of the record owner, but before acceptance of the property, the transfer to such beneficiaries who die after the record owner shall lapse and shall be deemed revoked, and the lapsed interest shall be split evenly among the remaining designated grantee beneficiaries who are living at the time of the death of the record owner and shall not revert to the estate. In the event the grantee beneficiary or beneficiaries are designated in the deed to be joint tenants with right of survivorship, the death of one or more of the designated grantee beneficiaries prior to the death of the record owner shall not invalidate an otherwise validly created joint tenancy estate as to those designated grantee beneficiaries who are living at the time of the death of the record owner."

SECTION 5.

Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, is amended by revising Code Section 53-3-5, relating to filing of petition, as follows:

"53-3-5.

(a) Except as provided by subsection (a) of Code Section 44-17-5, upon Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in on behalf of the surviving spouse or in on behalf of a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court.

(b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate birth date of each surviving minor child, and a schedule of the property, including household furniture, that the petitioner proposes to have set apart as year's support. The petition shall describe fully and accurately any real property the petitioner proposes to have set apart as year's support with a legal description sufficient under the laws of this state to pass title to the real property.

(c) A petition for year's support shall be filed within 24 months of the date of death of the decedent."

SECTION 6.

Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by revising subsection (a) of Code Section 2-1-6, relating to preemption of local ordinances relating to production of agricultural or farm products, as follows:

"(a) No county, municipality, consolidated government, or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation, or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property or any livestock or owner located on any private property or public road as such terms are defined in Chapter 3 of Title 4."

SECTION 7.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.