| SB 540 - Meriwether Co. - homestead exemption |
First Reader Summary
A bill to be entitled an Act to provide for a homestead exemption
from certain Meriwether County ad valorem taxes for county
purposes in an amount equal to the amount of the assessed value
of that homestead that exceeds the assessed value of that
homestead for the taxable year immediately preceding the taxable
year in which that exemption is first granted to the current
owner; to provide for a homestead exemption from certain
Meriwether County School District ad valorem taxes for
educational purposes in an amount equal to the amount of the
assessed value of that homestead that exceeds the assessed value
of that homestead; to repeal conflicting laws; and for other
purposes.
| Senate |
Action |
House |
| 3/14/00 |
Read 1st time |
3/16/00 |
| 3/16/00 |
Favorably Reported |
3/22/00 |
|
Read 2nd Time |
3/20/00 |
|
Read 3rd Time |
3/22/00 |
| 3/16/00 |
Passed/Adopted |
3/22/00 |
| 4/7/00 |
Sent To Governor |
|
| 5/1/00 |
Signed by Governor |
|
| 935 |
Act/Veto Number |
|
SB 540 00 LC 22 4073
SENATE BILL 540
By: Senator Lee of the 29th
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide for a homestead exemption from certain Meriwether
1- 2 County ad valorem taxes for county purposes in an amount
1- 3 equal to the amount of the assessed value of that homestead
1- 4 that exceeds the assessed value of that homestead for the
1- 5 taxable year immediately preceding the taxable year in which
1- 6 that exemption is first granted to the current owner; to
1- 7 provide for a homestead exemption from certain Meriwether
1- 8 County School District ad valorem taxes for educational
1- 9 purposes in an amount equal to the amount of the assessed
1-10 value of that homestead that exceeds the assessed value of
1-11 that homestead for the taxable year immediately preceding
1-12 the taxable year in which that exemption is first granted to
1-13 the current owner; to provide for definitions; to specify
1-14 the terms and conditions of the exemption and the procedures
1-15 relating thereto; to provide for applicability; to provide
1-16 for a referendum, effective dates, and automatic repeal; to
1-17 repeal conflicting laws; and for other purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-19 SECTION 1.
1-20 (a) As used in this part of this Act, the term:
1-21 (1) "Ad valorem taxes for county purposes" means all ad
1-22 valorem taxes for county purposes levied by, for, or on
1-23 behalf of Meriwether County, including, but not limited
1-24 to, any ad valorem taxes for special district purposes,
1-25 but not including taxes to pay interest on and to retire
1-26 county bonded indebtedness.
1-27 (2) "Base year" means the taxable year immediately
1-28 preceding the taxable year in which the exemption under
1-29 this Act is granted.
1-30 (3) "Homestead" means homestead as defined and qualified
1-31 in Code Section 48-5-40 of the O.C.G.A., with the
1-32 additional qualification that it shall include only the
-1-
2- 1 primary residence and not more than five contiguous
2- 2 acres of land immediately surrounding such residence.
2- 3 (b) Each resident of Meriwether County is granted an
2- 4 exemption on that person's homestead from all Meriwether
2- 5 County ad valorem taxes for county purposes in an amount
2- 6 equal to the amount of the assessed value of that homestead
2- 7 that exceeds the assessed value of that homestead for the
2- 8 taxable year immediately preceding the taxable year in which
2- 9 this exemption is first granted to such resident. This
2-10 exemption shall not apply to taxes assessed on improvements
2-11 to the homestead or additional land that is added to the
2-12 homestead after January 1 of the base year. If any real
2-13 property is removed from the homestead, the assessment in
2-14 the base year shall be adjusted to reflect such removal and
2-15 the exemption shall be recalculated accordingly. The value
2-16 of that property in excess of such exempted amount shall
2-17 remain subject to taxation.
2-18 (c) A person shall not receive the homestead exemption
2-19 granted by subsection (b) of this section unless the person
2-20 or person's agent files an application with the tax
2-21 commissioner of Meriwether County giving such information
2-22 relative to receiving such exemption as will enable the tax
2-23 commissioner to make a determination as to whether such
2-24 owner is entitled to such exemption.
2-25 (d) The tax commissioner of Meriwether County shall provide
2-26 application forms for the exemption granted by subsection
2-27 (b) of this section which shall require such information as
2-28 may be necessary to determine the initial and continuing
2-29 eligibility of the owner for the exemption.
2-30 (e) The exemption shall be claimed and returned as provided
2-31 in Code Section 48-5-50.1 of the O.C.G.A. The exemption
2-32 shall be automatically renewed from year to year as long as
2-33 the owner occupies the residence as a homestead. After a
2-34 person has filed the proper application as provided in
2-35 subsection (c) of this section, it shall not be necessary to
2-36 make application and file such affidavit thereafter for any
2-37 year and the exemption shall continue to be allowed to such
2-38 person. It shall be the duty of any person granted the
2-39 homestead exemption under subsection (b) of this section to
2-40 notify the tax commissioner of the county or the designee
2-41 thereof in the event that person for any reason becomes
2-42 ineligible for that exemption.
-2-
3- 1 (f) The exemption granted by this part of this Act shall not
3- 2 apply to or affect state ad valorem taxes, county school
3- 3 district ad valorem taxes for educational purposes, or
3- 4 municipal ad valorem taxes for municipal purposes. The
3- 5 homestead exemption granted by subsection (b) of this
3- 6 section shall be in addition to and not in lieu of any other
3- 7 homestead exemption applicable to county ad valorem taxes
3- 8 for county purposes.
3- 9 (g) The exemption granted by subsection (b) of this section
3-10 shall apply to all taxable years beginning on or after
3-11 January 1, 2001.
3-12 SECTION 2.
3-13 (a) As used in this part of this Act, the term:
3-14 (1) "Ad valorem taxes for educational purposes" means
3-15 all ad valorem taxes for educational purposes levied by,
3-16 for, or on behalf of the Meriwether County School
3-17 District, except for taxes to pay interest on and to
3-18 retire school bond indebtedness.
3-19 (2) "Base year" means the taxable year immediately
3-20 preceding the taxable year in which the exemption under
3-21 this Act is granted.
3-22 (3) "Homestead" means homestead as defined and qualified
3-23 in Code Section 48-5-40 of the O.C.G.A., with the
3-24 additional qualification that it shall include only the
3-25 primary residence and not more than five contiguous
3-26 acres of land immediately surrounding such residence.
3-27 (b) Each resident of the Meriwether County School District
3-28 is granted an exemption on that person's homestead from all
3-29 Meriwether County School District ad valorem taxes for
3-30 educational purposes in an amount equal to the amount of the
3-31 assessed value of that homestead that exceeds the assessed
3-32 value of that homestead for the taxable year immediately
3-33 preceding the taxable year in which this exemption is first
3-34 granted to such resident. This exemption shall not apply to
3-35 taxes assessed on improvements to the homestead or
3-36 additional land that is added to the homestead after January
3-37 1 of the base year. If any real property is removed from
3-38 the homestead, the assessment in the base year shall be
3-39 adjusted to reflect such removal and the exemption shall be
3-40 recalculated accordingly. The value of that property in
-3-
4- 1 excess of such exempted amount shall remain subject to
4- 2 taxation.
4- 3 (c) A person shall not receive the homestead exemption
4- 4 granted by subsection (b) of this section unless the person
4- 5 or person's agent files an application with the tax
4- 6 commissioner of Meriwether County giving such information
4- 7 relative to receiving such exemption as will enable the tax
4- 8 commissioner to make a determination as to whether such
4- 9 owner is entitled to such exemption.
4-10 (d) The tax commissioner of Meriwether County shall provide
4-11 application forms for the exemption granted by subsection
4-12 (b) of this section which shall require such information as
4-13 may be necessary to determine the initial and continuing
4-14 eligibility of the owner for the exemption.
4-15 (e) The exemption shall be claimed and returned as provided
4-16 in Code Section 48-5-50.1 of the O.C.G.A. The exemption
4-17 shall be automatically renewed from year to year as long as
4-18 the owner occupies the residence as a homestead. After a
4-19 person has filed the proper application as provided in
4-20 subsection (c) of this section, it shall not be necessary to
4-21 make application and file such affidavit thereafter for any
4-22 year and the exemption shall continue to be allowed to such
4-23 person. It shall be the duty of any person granted the
4-24 homestead exemption under subsection (b) of this section to
4-25 notify the tax commissioner of the county or the designee
4-26 thereof in the event that person for any reason becomes
4-27 ineligible for that exemption.
4-28 (f) The exemption granted by this Act shall not apply to or
4-29 affect state ad valorem taxes, county ad valorem taxes for
4-30 county purposes, or municipal ad valorem taxes for municipal
4-31 purposes. The homestead exemption granted by subsection (b)
4-32 of this section shall be in addition to and not in lieu of
4-33 any other homestead exemption applicable to school district
4-34 ad valorem taxes for educational purposes.
4-35 (g) The exemption granted by subsection (b) of this section
4-36 shall apply to all taxable years beginning on or after
4-37 January 1, 2001.
4-38 SECTION 3.
4-39 Unless prohibited by the federal Voting Rights Act of 1965,
4-40 as amended, the election superintendent of Meriwether County
4-41 shall call and conduct an election as provided in this
-4-
5- 1 section for the purpose of submitting this Act to the
5- 2 electors of Meriwether County and the Meriwether County
5- 3 School District for approval or rejection. The election
5- 4 superintendent shall conduct that election on the date of
5- 5 the November, 2000, state-wide general election, and shall
5- 6 issue the call and conduct that election as provided by
5- 7 general law. The superintendent shall cause the date and
5- 8 purpose of the election to be published once a week for two
5- 9 weeks immediately preceding the date thereof in the official
5-10 organ of Meriwether County. The ballot shall have written
5-11 or printed thereon the words:
5-12 "( ) YES Shall the Act be approved which provides a
5-13 homestead exemption from certain Meriwether
5-14 ( ) NO County ad valorem taxes for county purposes
5-15 and from certain Meriwether County School
5-16 District ad valorem taxes for educational
5-17 purposes in an amount equal to the amount of
5-18 the assessed value of that homestead that
5-19 exceeds the assessed value of that homestead
5-20 for the taxable year immediately preceding the
5-21 taxable year in which that exemption is first
5-22 granted to the current owner of the
5-23 homestead?"
5-24 All persons desiring to vote for approval of the Act shall
5-25 vote "Yes," and those persons desiring to vote for rejection
5-26 of the Act shall vote "No." If more than one-half of the
5-27 votes cast on such question are for approval of the Act,
5-28 Parts I and II of this Act shall become of full force and
5-29 effect on January 1, 2001. If the Act is not so approved or
5-30 if the election is not conducted as provided in this
5-31 section, Parts I and II of this Act shall not become
5-32 effective and this Act shall be automatically repealed on
5-33 the first day of January immediately following that election
5-34 date.
5-35 The expense of such election shall be borne by Meriwether
5-36 County. It shall be the election superintendent's duty to
5-37 certify the result thereof to the Secretary of State.
5-38 SECTION 4.
5-39 Except as otherwise provided in Section 3 of this Act, this
5-40 Act shall become effective upon its approval by the Governor
5-41 or upon its becoming law without such approval.
-5-
6- 1 SECTION 5.
6- 2 All laws and parts of laws in conflict with this Act are
6- 3 repealed.
-6-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00
