Georgia House of Representatives - 1995/1996 Sessions

HR 12 - Ad valorem tax; low-income housing renovation exemption - CA

Page Numbers - 1/ 2/ 3

1. Ashe  46th


House Comm: W&M        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/13/95  Read 1st Time                                                                
              1/23/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HR 12                                             LC 16 3811






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to provide
  1- 2  that the governing authority of any county or municipality
  1- 3  may exempt from ad valorem taxation for a period not to
  1- 4  exceed three years any property which is being developed or
  1- 5  renovated to provide housing for low-income persons if such
  1- 6  property is owned and being developed or renovated by a
  1- 7  nonprofit agency whose primary purpose is to provide housing
  1- 8  for low-income persons; to provide for the exemption to
  1- 9  cover certain ad valorem taxes; to provide for ratification
  1-10  of such exemption; to provide procedures for the
  1-11  implementation of such an exemption; to provide for the
  1-12  expiration of such an exemption; to provide for deed
  1-13  restrictions on such properties; to authorize the General
  1-14  Assembly to enact certain general laws relative to the
  1-15  authority granted by this amendment to counties and
  1-16  municipalities; to provide for the submission of this
  1-17  amendment for ratification or rejection; and for other
  1-18  purposes.

  1-19       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-20  Article VII, Section II of the Constitution is amended by
  1-21  adding a new Paragraph VI to read as follows:

  1-22      "Paragraph VI. Low-income housing renovation
  1-23    exemption. The governing authority of any county or
  1-24    municipality may exempt from ad valorem taxation for a
  1-25    period not to exceed three years any property which is
  1-26    being developed or renovated to provide housing for
  1-27    low-income persons if such property is owned and being
  1-28    developed or renovated by a nonprofit agency qualifying
  1-29    under Section 501(c)(3) of the Internal Revenue Code of
  1-30    1986 or a nonprofit corporation created and existing in
  1-31    accordance with Georgia law whose primary purpose is to
  1-32    provide housing for low-income persons.  Any such
  1-33    exemption adopted by a county shall include all ad valorem
  1-34    taxes levied by the county, provided that the exemption
  1-35    shall not apply to taxes levied for educational purposes
  1-36    unless the board of education of such county approves such


                                 -1- (Index)

                                                  LC 16 3811

  2- 1    exemption.  Any such exemption adopted by a municipality
  2- 2    shall include all ad valorem taxes levied by the
  2- 3    municipality, provided that the exemption shall not apply
  2- 4    to taxes levied for educational purposes unless approved
  2- 5    by the municipal board of education, if any.  No exemption
  2- 6    authorized by this Paragraph shall apply to ad valorem
  2- 7    taxes to retire bonded indebtedness or to taxation levied
  2- 8    for state purposes.  The exemption authorized by this
  2- 9    Paragraph may be implemented in any county or municipality
  2-10    by the adoption of a resolution of the governing authority
  2-11    of such county or municipality expressing the intention to
  2-12    exercise the authority to grant such an exemption, which
  2-13    resolution shall be conditioned upon its approval at a
  2-14    referendum by the electors of the affected county,
  2-15    municipality, or school district.  Any such resolution
  2-16    shall become effective immediately upon certification of
  2-17    its approval and shall be automatically repealed at the
  2-18    expiration of five years from such date.  After a county
  2-19    or municipality has been authorized to grant such an
  2-20    exemption, such county or municipality shall adopt
  2-21    procedures which will enable qualified nonprofit agencies
  2-22    to claim the exemption, which procedures shall require all
  2-23    qualifying nonprofit agencies to agree to attach a deed
  2-24    restriction to all properties developed or rehabilitated
  2-25    under this Paragraph, requiring that those housing units
  2-26    remain affordable for low-income persons for at least 15
  2-27    years following the tax abatement period.  The governing
  2-28    authority of any county or municipality which has
  2-29    authorized an ad valorem exemption pursuant to this
  2-30    Paragraph and which subsequently determines that a
  2-31    property being developed or rehabilitated for low-income
  2-32    housing qualifies for such tax exemption shall adopt a
  2-33    resolution granting the exemption, which resolution need
  2-34    not be conditioned upon a referendum.  A resolution
  2-35    granting an exemption pursuant to this Paragraph shall
  2-36    specify the duration of such exemption.  Any exemption
  2-37    granted pursuant to this Paragraph shall commence on
  2-38    January 1 of the taxable year following the year in which
  2-39    it is granted.  The provisions of this Paragraph are
  2-40    self-executing, but this authorization shall not prohibit
  2-41    the General Assembly from enacting general laws to modify
  2-42    qualifications for such exemption or to establish
  2-43    procedures for the exercise of such power."





                                 -2- (Index)

                                                  LC 16 3811

                         SECTION 2.

  3- 1  The above proposed amendment to the Constitution shall be
  3- 2  published and submitted as provided in Article X, Section I,
  3- 3  Paragraph II of the Constitution.

  3- 4  The ballot submitting the above proposed amendment shall
  3- 5  have written or printed thereon the following:

  3- 6    "(  ) YES Shall the Constitution be amended so as to
  3- 7              provide that the governing authority of any
  3- 8     (  ) NO  county or municipality may, upon approval by
  3- 9              the electors of the affected political
  3-10              subdivision, exempt from certain ad valorem
  3-11              taxation for a period not to exceed three
  3-12              years any property which is being developed or
  3-13              renovated to provide housing for low-income
  3-14              persons if such property is owned and being
  3-15              developed or renovated by a nonprofit agency
  3-16              whose primary purpose is to provide housing
  3-17              for low-income persons?"

  3-18  All persons desiring to vote in favor of ratifying the
  3-19  proposed amendment shall vote "Yes."  All persons desiring
  3-20  to vote against ratifying the proposed amendment shall vote
  3-21  "No."

  3-22  If such amendment shall be ratified as provided in said
  3-23  Paragraph of the Constitution, it shall become a part of the
  3-24  Constitution of this state.





















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