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 purposes.

Day, Jr., C. Burke (153rd) Everett, Doug (163rd) Bannister, Charles E (77th)
Davis, J. Max (60th) Stephens, Ron (150th)
Status Summary HC: W&M SC: LA: 01/26/98 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
Code Sections - 48-5-48.3
House Action Senate
1/16/98 Read 1st Time
1/26/98 Read 2nd Time

HB 1312                                            LC 18 8467 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  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: 
 
  1-18    "48-5-48.3. 
 
  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 
 
 
 
                                 -1- 
 
 
 
  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 
 
 
                                 -2- 
 
 
 
  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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98