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03 LC 18 2281
House Resolution 80
By: Representatives Day of the 126th and Stephens of the 123rd
By: Representatives Day of the 126th and Stephens of the 123rd
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
for a state_wide base year assessed value homestead exemption with respect to
county ad valorem taxes for county purposes; 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 for county purposes' means all ad valorem taxes for county purposes levied by, for, or on behalf of any county, including, but not limited to, any ad valorem taxes to pay interest on and to retire county 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' means homestead as defined and qualified in Code Section 48_5_40 of the O.C.G.A., as amended, 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.
(b) Each resident of a county is granted an exemption on that person´s homestead from county ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. 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 base year assessed value 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 such 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 tax commissioner of the county 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 so 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 subparagraph (b) of 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 subparagraph (b) of this Paragraph shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subparagraph (b) of this Paragraph shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.
(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 for county purposes' means all ad valorem taxes for county purposes levied by, for, or on behalf of any county, including, but not limited to, any ad valorem taxes to pay interest on and to retire county 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' means homestead as defined and qualified in Code Section 48_5_40 of the O.C.G.A., as amended, 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.
(b) Each resident of a county is granted an exemption on that person´s homestead from county ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. 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 base year assessed value 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 such 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 tax commissioner of the county 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 so 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 subparagraph (b) of 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 subparagraph (b) of this Paragraph shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subparagraph (b) of this Paragraph shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.
(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 |
Shall the Constitution be amended so as to provide for a
state_wide base year assessed homestead exemption with respect to county ad
valorem taxes for county purposes?"
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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.