06 LC 18
5554S
The
Senate Finance Committee offered the following substitute to HB
848:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 for an ad
valorem tax exemption for certain charitable institutions; to provide a
homestead exemption to certain residents who are senior citizens with respect to
state ad valorem taxes; to provide qualifications; to provide procedures for
obtaining such exemption; to provide for the taxes to which such homestead
exemption is applicable; to provide for referenda, 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:
PART
I
SECTION 1.
SECTION 1.
Part
1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to tax exemptions, is amended in Code Section 48-5-41,
relating to property exempt from ad valorem taxation, by striking subsection (d)
and inserting in its place a new subsection (d) to read as follows:
"(d)(1)
Except as otherwise provided in paragraph (2) of this subsection,
this
This
Code section, excluding paragraph (1) of subsection (a) of this Code section,
shall not apply to real estate or buildings which are rented, leased, or
otherwise used for the primary purpose of securing an income thereon and shall
not apply to real estate or buildings which are not used for the operation of
religious, educational, and charitable institutions. Donations of property to be
exempted shall not be predicated upon an agreement, contract, or other
instrument that the donor or donors shall receive or retain any part of the net
or gross income of the property.
(2)
With respect to paragraph (4) of subsection (a) of this Code section, real
estate or buildings which are owned by a charitable institution and used by such
charitable institution exclusively for the charitable purposes of such
charitable institution 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 part 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, 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 grants 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?"
|
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 part 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 part is not so approved or if the election is not conducted as provided in
this section, Section 1 of this part shall not become effective and this part
shall be automatically repealed on the first day of January immediately
following that election date.
PART
II
SECTION 3.
SECTION 3.
Said
part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a
new Code Section 48-5-48.3 to read as follows:
"48-5-48.3.
(a)
As used in this Code section, the term:
(1)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., as amended, with the additional qualification that it shall
include only the primary residence and not more than ten contiguous acres of
land immediately surrounding such residence.
(2)
"Senior citizen" means a person who is 65 years of age or over on or before
January 1 of the year in which application for the exemption under this Code
section is made.
(b)
Any person who is a senior citizen and resident of Georgia is granted upon
application an exemption on his or her homestead which such person owns and
actually occupies as a residence and homestead in an amount equal to the actual
levy for state ad valorem taxation made pursuant to Code Section 48-5-8 with
respect to that homestead, such exemption being from all ad valorem taxation for
state purposes. The value of all property in excess of the exempted amount
cited above shall remain subject to taxation.
(c)
The exemption shall be claimed and returned in the same manner as otherwise
required under Code Section 48-5-50.1. Each person shall file for the exemption
only once in the county of his or her residence. Once filed, the exemption
shall automatically be renewed from year to year.
(d)
The exemption granted by this Code section shall not apply to or affect county
taxes, municipal taxes, or school district taxes.
(e)
The exemption granted by this Code section shall be in addition to and not in
lieu of any other homestead exemption from state
taxes."
SECTION
4.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary
of State shall call and conduct a referendum as provided in this section for the
purpose of submitting Section 3 of this part to the electors of the State of
Georgia for approval or rejection. The Secretary of State shall conduct that
election on the date of and in conjunction with the November, 2006, state-wide
general election. The Secretary of State shall cause the date and purpose of
the election to be published once a week for two weeks immediately preceding the
date thereof in the official organ of each county in the state. The ballot
shall have written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which provides a homestead exemption for senior citizens in
an amount equal to the actual levy for state ad valorem tax purposes on the
homestead?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and those
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 3 of this part shall become effective on January 1, 2007, and shall be
applicable to all taxable years beginning on or after that date. If Section 3
of this part is not so approved or if the election is not conducted as provided
in this section, Section 3 of this part shall not become effective and this part
shall be automatically repealed on the first day of January immediately
following that election date.
PART
III
SECTION 5.
SECTION 5.
Except
as otherwise provided in Section 2 of Part I of this Act and Section 4 of Part
II of this Act, this Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.