HB 1019 - Putnam County; homestead exemption; certain residents

Georgia House of Representatives - 1995/1996 Sessions

HB 1019 - Putnam County; homestead exemption; certain residents

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
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1. Parham  122nd          2. Channell  111th

House Comm: LLeg / Senate Comm: SLGO / House Vote: Yeas 129 Nays 1 Senate Vote: Yeas 48 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 3/9/95 Read 1st Time 3/14/95 3/10/95 Read 2nd Time 3/13/95 Favorably Reported 3/15/95 Committee Amend/Sub Sub 3/13/95 Read 3rd Time 3/13/95 Passed/Adopted 3/15/95 Comm/Floor Amend/Sub CS 3/15/95 Amend/Sub Agreed To 3/31/95 Sent to Governor 4/5/95 Signed by Governor 227 Act/Veto Number 4/5/95 Effective Date ---------------------------------------- Code Sections amended:
HB 1019 HB 1019/AP H. B. No. 1019 (AS PASSED HOUSE AND SENATE) By: Representatives Parham of the 122nd and Channell of the 111th A BILL TO BE ENTITLED AN ACT 1- 1 To provide for homestead exemptions from Putnam County ad 1- 2 valorem taxes for county purposes and from Putnam County 1- 3 school district ad valorem taxes for educational purposes in 1- 4 the amount of $10,000.00 of the assessed value of certain 1- 5 homesteads which are leased to certain residents of that 1- 6 county after a phase in period; to provide for definitions; 1- 7 to specify the terms and conditions of each exemption and 1- 8 the procedures relating thereto; to provide for referenda; 1- 9 to provide for applicability, effective dates, and automatic 1-10 repeal; to repeal conflicting laws; and for other purposes. 1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 SECTION 1. 1-12 For purposes of this part, the term: 1-13 (1) "Ad valorem taxes for county purposes" means all ad 1-14 valorem taxes for county purposes levied by, for, or on 1-15 behalf of Putnam County including, but not limited to, 1-16 taxes to retire bonded indebtedness but not including 1-17 county school district ad valorem taxes for educational 1-18 purposes. 1-19 (2) "Homestead" means homestead as defined and qualified 1-20 in Code Section 48-5-40 of the O.C.G.A. but only 1-21 includes real property where the person who is the 1-22 applicant holds real property subject to a written lease 1-23 of not less than ten years in duration, the applicant 1-24 has held the property subject to such a lease for not 1-25 less than three years prior to the year for which 1-26 application is made, and the applicant is the owner of 1-27 all improvements located on the real property. SECTION 2. 1-28 Each resident of Putnam County is granted an exemption on 1-29 that person's homestead from all Putnam County ad valorem 1-30 taxes for county purposes the following amounts: H. B. No. 1019 -1- (Index) HB 1019/AP 2- 1 (1) For the taxable year beginning on January 1, 1997, 2- 2 $4,000.00 of the assessed value of that homestead; 2- 3 (2) For the taxable year beginning on January 1, 1998, 2- 4 $6,000.00 of the assessed value of that homestead; 2- 5 (3) For the taxable year beginning on January 1, 1999, 2- 6 $8,000.00 of the assessed value of that homestead; and 2- 7 (4) For all taxable years beginning on or after January 2- 8 1, 2000, $10,000.00 of the assessed value of that 2- 9 homestead. 2-10 The value of the homestead in excess of the amount exempted 2-11 by this section shall remain subject to taxation. SECTION 3. 2-12 The tax commissioner of Putnam County or the designee 2-13 thereof shall provide application forms for the exemption 2-14 granted by this part and shall require such information as 2-15 may be necessary to determine the initial and continuing 2-16 eligibility of the owner for the exemption. SECTION 4. 2-17 The exemption shall be claimed and returned as provided in 2-18 Code Section 48-5-50.1 of the O.C.G.A. The exemption shall 2-19 be automatically renewed from year to year as long as the 2-20 owner occupies the residence as a homestead. It shall be 2-21 the duty of any person granted the homestead exemption under 2-22 this part to notify the tax commissioner of Putnam County or 2-23 the designee thereof in the event that person for any reason 2-24 becomes ineligible for that exemption. SECTION 5. 2-25 The exemptions granted by this part shall not apply to or 2-26 affect any state taxes, municipal taxes, or county school 2-27 district taxes for educational purposes. SECTION 6. 2-28 The exemptions granted by this part shall be in lieu of and 2-29 not in addition to any other homestead exemption from Putnam 2-30 County ad valorem taxes for county purposes. SECTION 7. 2-31 The exemptions granted by this part shall apply to all 2-32 taxable years beginning on or after January 1, 1997. H. B. No. 1019 -2- (Index) HB 1019/AP SECTION 8. 3- 1 Unless prohibited by the federal Voting Rights Act of 1965, 3- 2 as amended, the election superintendent of Putnam County 3- 3 shall call and conduct an election as provided in this 3- 4 section for the purpose of submitting this part to the 3- 5 electors of Putnam County for approval or rejection. The 3- 6 election superintendent shall conduct that election on the 3- 7 date of the November, 1996, state-wide general election and 3- 8 shall issue the call and conduct that election as provided 3- 9 by general law. The superintendent shall cause the date and 3-10 purpose of the election to be published once a week for two 3-11 weeks immediately preceding the date thereof in the official 3-12 organ of Putnam County. The ballot shall have written or 3-13 printed thereon the words: 3-14 "( ) YES Shall Part 1 of an Act be approved which 3-15 provides for a homestead exemption of Putnam 3-16 ( ) NO County ad valorem taxes for county purposes 3-17 in the amount of $10,000.00 of the assessed 3-18 value of certain homesteads which are leased 3-19 to certain residents of that county after a 3-20 phase in period?" 3-21 All persons desiring to vote for approval of this part shall 3-22 vote "Yes," and those persons desiring to vote for rejection 3-23 of the Act shall vote "No." If more than one-half of the 3-24 votes cast on such question are for approval of this part, 3-25 then Sections 1 through 7 of this part shall become of full 3-26 force and effect immediately and shall be applicable to all 3-27 taxable years beginning on or after January 1, 1997. If 3-28 Sections 1 through 7 of this part are not so approved or if 3-29 the election is not conducted as provided in this section, 3-30 Sections 1 through 7 of this part shall not become 3-31 effective, and this part shall be automatically repealed on 3-32 the first day of January immediately following that election 3-33 date. 3-34 The expense of such election shall be borne by Putnam 3-35 County. It shall be the election superintendent's duty to 3-36 certify the result thereof to the Secretary of State. Part 2 SECTION 9. 3-37 For purposes of this Act, the term: 3-38 (1) "Ad valorem taxes for educational purposes" means 3-39 all ad valorem taxes for educational purposes levied by, H. B. No. 1019 -3- (Index) HB 1019/AP 4- 1 for, or on behalf of the Putnam County school district 4- 2 including, but not limited to, taxes to retire school 4- 3 bond indebtedness. 4- 4 (2) "Homestead" means homestead as defined and qualified 4- 5 in Code Section 48-5-40 of the O.C.G.A. but only 4- 6 includes real property where the person who is the 4- 7 applicant holds real property subject to a written lease 4- 8 of not less than ten years in duration, the applicant 4- 9 has held the property subject to such a lease for not 4-10 less than three years prior to the year for which 4-11 application is made, and the applicant is the owner of 4-12 all improvements located on the real property. SECTION 10. 4-13 Each resident of the Putnam County school district is 4-14 granted an exemption on that person's homestead from all 4-15 Putnam County school district ad valorem taxes for 4-16 educational purposes in the following amounts: 4-17 (1) For the taxable year beginning on January 1, 1997, 4-18 $4,000.00 of the assessed value of that homestead; 4-19 (2) For the taxable year beginning on January 1, 1998, 4-20 $6,000.00 of the assessed value of that homestead; 4-21 (3) For the taxable year beginning on January 1, 1999, 4-22 $8,000.00 of the assessed value of that homestead; and 4-23 (4) For all taxable years beginning on or after January 4-24 1, 2000, $10,000.00 of the assessed value of that 4-25 homestead. 4-26 The value of the homestead in excess of the amount exempted 4-27 by this section shall remain subject to taxation. SECTION 11. 4-28 The tax commissioner of Putnam County or the designee 4-29 thereof shall provide application forms for the exemption 4-30 granted by this part and shall require such information as 4-31 may be necessary to determine the initial and continuing 4-32 eligibility of the owner for the exemption. SECTION 12. 4-33 The exemption shall be claimed and returned as provided in 4-34 Code Section 48-5-50.1 of the O.C.G.A. The exemption shall 4-35 be automatically renewed from year to year as long as the 4-36 owner occupies the residence as a homestead. It shall be 4-37 the duty of any person granted the homestead exemption under H. B. No. 1019 -4- (Index) HB 1019/AP 5- 1 this part to notify the tax commissioner of Putnam County or 5- 2 the designee thereof in the event that person for any reason 5- 3 becomes ineligible for that exemption. SECTION 13. 5- 4 The exemptions granted by this part shall not apply to or 5- 5 affect any state taxes, municipal taxes, or county taxes for 5- 6 county purposes. SECTION 14. 5- 7 The exemptions granted by this part shall be in lieu of and 5- 8 not in addition to any other homestead exemption from Putnam 5- 9 County school district ad valorem taxes for educational 5-10 purposes. SECTION 15. 5-11 The exemptions granted by this part shall apply to all 5-12 taxable years beginning on or after January 1, 1997. SECTION 16. 5-13 Unless prohibited by the federal Voting Rights Act of 1965, 5-14 as amended, the election superintendent of Putnam County 5-15 shall call and conduct an election as provided in this 5-16 section for the purpose of submitting this part to the 5-17 electors of the Putnam County school district for approval 5-18 or rejection. The election superintendent shall conduct 5-19 that election on the date of the November, 1996, state-wide 5-20 general election and shall issue the call and conduct that 5-21 election as provided by general law. The superintendent 5-22 shall cause the date and purpose of the election to be 5-23 published once a week for two weeks immediately preceding 5-24 the date thereof in the official organ of Putnam County. 5-25 The ballot shall have written or printed thereon the words: 5-26 "( ) YES Shall Part 2 of an Act be approved which 5-27 provides for a homestead exemption of Putnam 5-28 ( ) NO County school district ad valorem taxes for 5-29 educational purposes in the amount of 5-30 $10,000.00 of the assessed value of certain 5-31 homesteads which are leased to certain 5-32 residents of that county after a phase in 5-33 period?" 5-34 All persons desiring to vote for approval of this part shall 5-35 vote "Yes," and those persons desiring to vote for rejection 5-36 of the Act shall vote "No." If more than one-half of the 5-37 votes cast on such question are for approval of this part, H. B. No. 1019 -5- (Index) HB 1019/AP 6- 1 then Sections 9 through 15 of this part shall become of full 6- 2 force and effect immediately and shall be applicable to all 6- 3 taxable years beginning on or after January 1, 1997. If 6- 4 Sections 9 through 15 of this part are not so approved or if 6- 5 the election is not conducted as provided in this section, 6- 6 Sections 9 through 15 of this part shall not become 6- 7 effective, and this part shall be automatically repealed on 6- 8 the first day of January immediately following that election 6- 9 date. 6-10 The expense of such election shall be borne by Putnam 6-11 County. It shall be the election superintendent's duty to 6-12 certify the result thereof to the Secretary of State. Part 3 SECTION 17. 6-13 Except as otherwise provided in Parts 1 and 2 of this Act, 6-14 this Act shall become effective upon its approval by the 6-15 Governor or upon its becoming law without such approval. SECTION 18. 6-16 All laws and parts of laws in conflict with this Act are 6-17 repealed. H. B. No. 1019 -6- (Index)

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