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01 LC 18 0534

Senate Bill 10
By: Senator Thompson of the 33rd




A BILL TO BE ENTITLED
AN ACT

To amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to change the definition of the term homestead to include a mobile home which is located on land rented, rather than owned, by the applicant for a homestead exemption; to provide for a special election; to provide for effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, is amended in paragraph (3) by striking "and" at the end of subparagraph (M), by striking the period and inserting in its place "; and" at the end of subparagraph (N), and by adding a new subparagraph immediately following subparagraph (N) to be designated subparagraph (O) to read as follows:
"(O) The term 'homestead' shall also include a mobile home owned by the applicant even though the land upon which it is located is rented by, rather than owned by, the applicant, so long as the other requirements of this paragraph are satisfied."

SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2002, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"(  )  YES

   (  )  NO

Shall the Act be approved which changes the definition of 'homestead' for the purpose of applying for and receiving homestead exemptions to include a mobile home which is located on land rented, rather than owned, by the applicant for a homestead exemption?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2003, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3.
Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.