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HB 168 - Homestead exemption; equal to state ad valorem tax

Stephens, Ron (150th)	Day, Burke (153rd)	Stancil, Steve (16th)
Martin, James L (145th)	Tolbert, Scott (25th)

Status Summary	HC:	W&M	SC:		FR:	01/25/99	LA:	01/26/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents with respect to state ad valorem taxes; and for other purposes.

Code Sections - 48-5-48.3

HB 168                                             LC 18 9189 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the 
  1- 2  Official Code of Georgia Annotated, relating to tax 
  1- 3  exemptions, so as to provide a homestead exemption to 
  1- 4  certain residents with respect to state ad valorem taxes; to 
  1- 5  provide qualifications; to provide procedures for obtaining 
  1- 6  such exemption; to provide for the taxes to which such 
  1- 7  homestead exemption is applicable; to provide for a 
  1- 8  referendum; to provide for effective dates; to provide for 
  1- 9  applicability; to provide for automatic repeal under certain 
  1-10  circumstances; to repeal conflicting laws; and for other 
  1-11  purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Part 1 of Article 2 of Chapter 5 of Title 48 of the Official 
  1-15  Code of Georgia Annotated, relating to tax exemptions, is 
  1-16  amended by adding between Code Sections 48-5-48.2 and 
  1-17  48-5-49 a new Code Section 48-5-48.3 to read as follows: 
 
  1-18    "48-5-48.3. 
 
  1-19    (a) Any person who is a resident of Georgia is granted 
  1-20    upon application an exemption on his or her homestead 
  1-21    which such person owns and actually occupies as a 
  1-22    residence and homestead in an amount equal to the actual 
  1-23    levy for state ad valorem taxation made pursuant to Code 
  1-24    Section 48-5-8 with respect to that homestead, such 
  1-25    exemption being from all ad valorem taxation for state 
  1-26    purposes.  The value of all property in excess of the 
  1-27    exempted amount cited above shall remain subject taxation. 
 
  1-28    (b) The exemption shall be claimed and returned in the 
  1-29    same manner as otherwise required under Code Section 
  1-30    48-5-50.1.  Each person shall file for the exemption only 
  1-31    once in the county of his or her residence.  Once filed, 
  1-32    the exemption shall automatically be renewed from year to 
  1-33    year. 
 
 
 
                                 -1- 
 
 
 
  2- 1    (c) The exemption granted by this Code section shall not 
  2- 2    apply to or affect county taxes, municipal taxes, or 
  2- 3    school district taxes. 
 
  2- 4    (d) The exemption granted by this Code section shall be in 
  2- 5    lieu of and not in addition to any other homestead 
  2- 6    exemption from state taxes." 
 
  2- 7                           SECTION 2. 
 
  2- 8  Unless prohibited by the federal Voting Rights Act of 1965, 
  2- 9  as amended, the Secretary of State shall call and conduct a 
  2-10  referendum as provided in this section for the purpose of 
  2-11  submitting this Act to the electors of the State of Georgia 
  2-12  for approval or rejection.  The Secretary of State shall 
  2-13  conduct that election on the date of and in conjunction with 
  2-14  the November, 2000, state-wide general election.  The 
  2-15  Secretary of State shall cause the date and purpose of the 
  2-16  election to be published once a week for two weeks 
  2-17  immediately preceding the date thereof in the official organ 
  2-18  of each county in the state.  The ballot shall have written 
  2-19  or printed thereon the words: 
 
  2-20    "(  ) YES Shall the Act be approved which provides a 
  2-21              homestead exemption for residents in an amount 
  2-22     (  ) NO  equal to the actual levy for state ad valorem 
  2-23              tax purposes on the homestead?" 
 
  2-24  All persons desiring to vote for approval of the Act shall 
  2-25  vote "Yes," and those persons desiring to vote for rejection 
  2-26  of the Act shall vote "No."  If more than one-half of the 
  2-27  votes cast on such question are for approval of the Act, 
  2-28  then Section 1 of this Act shall become effective on January 
  2-29  1, 2001, and shall be applicable to all taxable years 
  2-30  beginning on or after that date.  If Section 1 of this Act 
  2-31  is not so approved or if the election is not conducted as 
  2-32  provided in this section, Section 1 of this Act shall not 
  2-33  become effective and this Act shall be automatically 
  2-34  repealed on the first day of January immediately following 
  2-35  that election date. 
 
  2-36                           SECTION 3. 
 
  2-37  Except as otherwise provided in Section 2 of this Act, this 
  2-38  Act shall become effective upon its approval by the Governor 
  2-39  or upon its becoming law without such approval. 
 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 4. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-