|HB 1312 - Ad valorem tax; senior citizens; homestead exemption|
First Reader Summary
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of
the Official Code of Georgia Annotated, relating to tax
exemptions, so as to provide a homestead exemption to senior
citizens with respect to state ad valorem taxes; and for other
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HB 1312 LC 18 8467
A BILL TO BE ENTITLED
1- 1 To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the
1- 2 Official Code of Georgia Annotated, relating to tax
1- 3 exemptions, so as to provide a homestead exemption to senior
1- 4 citizens with respect to state ad valorem taxes; to define a
1- 5 certain term; to provide qualifications; to provide
1- 6 procedures for obtaining such exemption; to provide for the
1- 7 taxes to which such homestead exemption is applicable; to
1- 8 provide for a referendum; to provide for effective dates; to
1- 9 provide for applicability; to provide for automatic repeal
1-10 under certain circumstances; to repeal conflicting laws; and
1-11 for other purposes.
1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-13 SECTION 1.
1-14 Part 1 of Article 2 of Chapter 5 of Title 48 of the Official
1-15 Code of Georgia Annotated, relating to tax exemptions, is
1-16 amended by adding between Code Sections 48-5-48.2 and
1-17 48-5-49 a new Code Section 48-5-48.3 to read as follows:
1-19 (a) As used in this Code section, the term 'senior
1-20 citizen' means a person who is 62 years of age or over on
1-21 or before January 1 of the year in which application for
1-22 the exemption under this Code section is made.
1-23 (b) Any person who is a senior citizen and resident of
1-24 Georgia is granted upon application an exemption on his or
1-25 her homestead which such person owns and actually occupies
1-26 as a residence and homestead in an amount equal to the
1-27 actual levy for state ad valorem taxation made pursuant to
1-28 Code Section 48-5-8 with respect to that homestead, such
1-29 exemption being from all ad valorem taxation for state
1-30 purposes. The value of all property in excess of the
1-31 exempted amount cited above shall remain subject taxation.
1-32 (c) The exemption shall be claimed and returned in the
1-33 same manner as otherwise required under Code Section
2- 1 48-5-50.1. Each person shall file for the exemption only
2- 2 once in the county of his or her residence. Once filed,
2- 3 the exemption shall automatically be renewed from year to
2- 4 year.
2- 5 (d) The exemption granted by this Code section shall not
2- 6 apply to or affect county taxes, municipal taxes, or
2- 7 school district taxes.
2- 8 (e) The exemption granted by this Code section shall be in
2- 9 lieu of and not in addition to any other homestead
2-10 exemption from state taxes."
2-11 SECTION 2.
2-12 Unless prohibited by the federal Voting Rights Act of 1965,
2-13 as amended, the Secretary of State shall call and conduct a
2-14 referendum as provided in this section for the purpose of
2-15 submitting this Act to the electors of the State of Georgia
2-16 for approval or rejection. The Secretary of State shall
2-17 conduct that election on the date of and in conjunction with
2-18 the November, 1998, state-wide general election. The
2-19 Secretary of State shall cause the date and purpose of the
2-20 election to be published once a week for two weeks
2-21 immediately preceding the date thereof in the official organ
2-22 of each county in the state. The ballot shall have written
2-23 or printed thereon the words:
2-24 "( ) YES Shall the Act be approved which provides a
2-25 homestead exemption for senior citizens in an
2-26 ( ) NO amount equal to the actual levy for state ad
2-27 valorem tax purposes as the homestead?"
2-28 All persons desiring to vote for approval of the Act shall
2-29 vote "Yes," and those persons desiring to vote for rejection
2-30 of the Act shall vote "No." If more than one-half of the
2-31 votes cast on such question are for approval of the Act,
2-32 then Section 1 of this Act shall become effective on January
2-33 1, 1999, and shall be applicable to all taxable years
2-34 beginning on or after that date. If Section 1 of this Act
2-35 is not so approved or if the election is not conducted as
2-36 provided in this section, Section 1 of this Act shall not
2-37 become effective and this Act shall be automatically
2-38 repealed on the first day of January immediately following
2-39 that election date.
2-40 SECTION 3.
2-41 Except as otherwise provided in Section 2 of this Act and
2-42 notwithstanding any provisions of Code Section 1-3-4.1 to
3- 1 the contrary, this Act shall become effective upon its
3- 2 approval by the Governor or upon its becoming law without
3- 3 such approval.
3- 4 SECTION 4.
3- 5 All laws and parts of laws in conflict with this Act are
3- 6 repealed.
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98