05 LC
18 4393S
The
Senate Finance Committee offered the following substitute to HB
116:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, and Title 48 of the Official Code of Georgia Annotated, relating to
revenue and taxation, so as to change certain provisions regarding ad valorem
taxation; to change certain provisions regarding homeowner tax relief grants; to
change certain provisions regarding the issuance of tax executions; to provide
for effective dates; to provide for applicability; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by striking Code Section 36-89-1, relating to definitions regarding
homeowner tax relief grants, and inserting in its place a new Code Section
36-89-1 to read as follows:
"36-89-1.
As
used in this chapter, the term:
(1)
'Applicable rollback' means a:
(A)
Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code
Section 48-8-91 in a county or municipality that levies a local option sales
tax;
(B)
Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of
Code Section 48-8-104 in a county or municipality that levies a homestead option
sales tax;
(C)
Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in
a local school system that receives a state school tax credit;
(D)
Reduction of an ad valorem tax millage rate pursuant to the development of a
service delivery strategy under Code Section 36-70-24; and
(E)
Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of
subsection (a) of Code Section 33-8-8.3 in a county that collects insurance
premium tax.
(2)
'County millage rate' means the net ad valorem tax millage rate, after deducting
applicable rollbacks, levied by a county for county purposes and applying to
qualified homesteads in the county, including any millage levied for
those
special
district
purposes
districts
reported on the 2004 ad valorem tax digest certified to and received by the
commissioner on or before December 31,
2004, but not including any millage levied
for purposes of bonded indebtedness and not including any millage levied on
behalf of a county school district for educational purposes.
(3)
'Eligible assessed value' means a certain stated amount of the assessed value of
each qualified homestead in the state. The amount of the eligible assessed
value for any given year shall be fixed in that
yeaŕs
General Appropriations Act.
(4)
'Fiscal authority' means the individual authorized to collect ad valorem taxes
for a county or municipality which levies ad valorem taxes.
(5)
'Municipal millage rate' means the net ad valorem tax millage rate, after
deducting applicable rollbacks, levied by a municipality for municipal purposes
and applying to qualified homesteads in the municipality, including any millage
levied for
those
special tax
district
purposes
districts
reported on the 2004 City and Independent School Millage Rate Certification
certified to and received by the commissioner on or before December 31,
2004, but not including any millage levied
for purposes of bonded indebtedness and not including any millage levied on
behalf of an independent school district for educational purposes.
(6)
'Qualified homestead' means a homestead qualified for any exemption, state,
county, or school, authorized under Code Section 48-5-44.
(7)
'School millage rate' means the net ad valorem tax millage rate, after deducting
applicable rollbacks, levied on behalf of a county or independent school
district for educational purposes and applying to qualified homesteads in the
county or independent school district, not including any millage levied for
purposes of bonded indebtedness and not including any millage levied for county
or municipal purposes.
(8)
'State millage rate' means the state millage
levy."
SECTION
2.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by adding a new subsection at the end of Code Section 48-3-3,
relating to executions by tax collectors and tax commissioners, to be designated
subsection (c) to read as follows:
"(c)
No execution shall be issued against any person who is not the record owner of
the property on the day that the taxes become delinquent, if and when, that
person has provided satisfactory proof to the tax collector or tax commissioner
that the property has been transferred by recorded deed and the liability for
the payment of ad valorem taxes has been assigned to the vested transferee by
written agreement or contract. In such cases, the execution shall be issued
against the person who is the record owner of the property on the date that
taxes became delinquent. If an execution has already been issued, such
execution shall be affirmatively cleared and vacated of record by the tax
collector or tax commissioner upon receiving satisfactory proof as provided in
this
subsection."
SECTION
3.
(a)
Except as otherwise provided in subsection (b) of this section, this Act shall
become effective upon its approval by the Governor or upon its becoming law
without such approval.
(b) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005.
(b) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.