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03 LC 18 2088
House Resolution
22
By: Representatives Day of the 126th, Stephens of the 123rd and Lunsford of the 85th, Post 2
By: Representatives Day of the 126th, Stephens of the 123rd and Lunsford of the 85th, Post 2
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
for a state-wide base year assessed value homestead exemption; to provide for
definitions; to specify the terms and conditions of the exemption and procedures
relating thereto; to provide for applicability; to provide for the submission of
this amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article VII, Section II of the Constitution is amended by
adding a new paragraph at the end thereof, to be designated Paragraph VI, to
read as
follows:
"Paragraph VI. Base year assessed value homestead exemption. (a) For purposes of this paragraph, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes and; all county ad valorem taxes for county purposes levied by, for, or on behalf of a county, except for taxes to pay interest on and to retire county bonded indebtedness; all county school district and independent school district taxes for educational purposes levied by, for, or on behalf of a school district, except for taxes to pay interest on and to retire school district bonded indebtedness; and all municipal taxes for municipal purposes levied by, for, or on behalf of a municipality, except for taxes to pay interest on and to retire municipal bonded indebtedness.
(2) 'Base year' means the taxable year immediately preceding the taxable year in which the exemption under this paragraph is first granted to the most recent owner of such homestead.
(3) 'Homestead' as applied in this paragraph shall mean the homestead as defined and qualified by general law, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
(4) 'Income' means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources.
(5) 'Senior citizen' means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made.
(b) Each resident of a county who is a senior citizen is granted an exemption on that person´s homestead from all ad valorem taxes in an amount equal to the amount of by which the current year assessed value of that homestead which exceeds the base year assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person´s income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subparagraph (b) of this paragraph unless the person or person´s agent files an application with the tax commissioner of the county giving the person´s age and the amount of gross income which the person and the person´s spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The commissioner shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided by general law for other homestead exemptions. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subparagraph (c) of this paragraph, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this paragraph to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by this paragraph shall not apply to or affect any municipal taxes or county school district taxes for educational purposes. The homestead exemption granted by this paragraph shall be in addition to and not in lieu of and not in addition to any other homestead exemption.
(f) The exemption granted by this paragraph shall apply to all taxable years beginning on or after January 1, 2005."
"Paragraph VI. Base year assessed value homestead exemption. (a) For purposes of this paragraph, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes and; all county ad valorem taxes for county purposes levied by, for, or on behalf of a county, except for taxes to pay interest on and to retire county bonded indebtedness; all county school district and independent school district taxes for educational purposes levied by, for, or on behalf of a school district, except for taxes to pay interest on and to retire school district bonded indebtedness; and all municipal taxes for municipal purposes levied by, for, or on behalf of a municipality, except for taxes to pay interest on and to retire municipal bonded indebtedness.
(2) 'Base year' means the taxable year immediately preceding the taxable year in which the exemption under this paragraph is first granted to the most recent owner of such homestead.
(3) 'Homestead' as applied in this paragraph shall mean the homestead as defined and qualified by general law, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
(4) 'Income' means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources.
(5) 'Senior citizen' means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made.
(b) Each resident of a county who is a senior citizen is granted an exemption on that person´s homestead from all ad valorem taxes in an amount equal to the amount of by which the current year assessed value of that homestead which exceeds the base year assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person´s income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subparagraph (b) of this paragraph unless the person or person´s agent files an application with the tax commissioner of the county giving the person´s age and the amount of gross income which the person and the person´s spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The commissioner shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided by general law for other homestead exemptions. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subparagraph (c) of this paragraph, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this paragraph to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by this paragraph shall not apply to or affect any municipal taxes or county school district taxes for educational purposes. The homestead exemption granted by this paragraph shall be in addition to and not in lieu of and not in addition to any other homestead exemption.
(f) The exemption granted by this paragraph shall apply to all taxable years beginning on or after January 1, 2005."
SECTION 2.
The above proposed amendment to the Constitution shall be
published and submitted as provided in Article X, Section I, Paragraph II of the
Constitution. The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
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"( ) YES
( ) NO
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Shall the Constitution be amended so as to provide for a
state-wide base year assessed homestead exemption?"
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All persons desiring to vote in favor of ratifying the
proposed amendment shall vote "Yes." All persons desiring to vote against
ratifying the proposed amendment shall vote "No." If such amendment shall be
ratified as provided in said Paragraph of the Constitution, it shall become a
part of the Constitution of this state.