hb81_LC_18_4116S_hcs

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05 LC 18 4116S

House Bill 81 (COMMITTEE SUBSTITUTE)

By: Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st, and Scott of the 2nd

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 48-5-54 of the Official Code of Georgia Annotated, relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor, so as to provide for applicability of such provisions with respect to certain base year assessed value homestead exemptions; 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 48-5-54 of the Official Code of Georgia Annotated, relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:

"(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administratoŕs or executoŕs deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. In the case of a base year assessed value homestead exemption, as long as the unremarried surviving spouse otherwise meets the requirements specified for such exemption and makes proper application under this subsection, upon approval of such application the exemption shall be continued with the same base year assessed value as had been established for the deceased spouse of such surviving spouse, unless otherwise provided by local law."

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2006, 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 provides that, with respect to base year assessed value homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted such a homestead exemption shall receive that exemption at the same base year valuation that applied to the deceased spouse so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead?"

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, 2007, 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 Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3.

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 4.

All laws and parts of laws in conflict with this Act are repealed.