09 LC 18
8082
House
Bill 462
By:
Representatives Peake of the
137th,
Smith of the
131st,
and Harbin of the
118th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating
to property exempt from ad valorem taxation, so as to revise and change an ad
valorem tax exemption for certain charitable institutions; to provide for a
referendum, applicability, and effective dates; 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 48-5-41 of the Official Code of Georgia Annotated, relating to property
exempt from ad valorem taxation, is amended by revising paragraph (2) of
subsection (d) as follows:
"(2)
With respect to paragraph (4) of subsection (a) of this Code section,
a
building
buildings
which
is
are
owned by a charitable institution that is otherwise qualified as a purely public
charity and that is exempt from taxation under Section 501(c)(3) of the federal
Internal Revenue Code and which
building
is
buildings
are used by such charitable institution
exclusively
for the charitable purposes of such charitable institution, and not more than
15
eight
acres of land on which such
building
is
buildings
are located, may be used for the purpose
of securing income so long as such income is used exclusively for the operation
of that charitable institution."
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary
of State shall call and conduct an election as provided in this section for the
purpose of submitting Section 1 of this Act to the electors of the State of
Georgia for approval or rejection. The Secretary of State shall conduct that
election on the date of the November, 2010, 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 in the official organ of each
county in the state once a week for two weeks immediately preceding the date of
the referendum. The ballot shall have written or printed thereon the
following:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which changes an exemption from ad valorem taxation on
property owned by a charitable institution which generates income when that
income is used exclusively for the operation of such charitable institution so
that the exemption is limited to buildings and not more than eight acres of land
on which the buildings are located?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
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, then
Section 1 of this Act shall become effective on January 1, 2011, and shall apply
to all taxable years beginning on or after that date. If Section 1 of this 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 part shall be
automatically repealed on the first day of January immediately following that
election date.
SECTION
2.
Except
as otherwise 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
3.
All
laws and parts of laws in conflict with this Act are repealed.