08 LC 35
0851
House
Bill 1260
By:
Representative Kaiser of the
59th
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 a homestead
exemption for the full value of the homestead with respect to all ad valorem
taxes for the unremarried surviving spouse of a service member killed in action
while serving in the armed forces of the United States; to provide for
applicability of provisions relating to applications for and granting homestead
exemptions in certain cases of property transfer from an administrator or
executor with respect to certain base year assessed value homestead exemptions;
to provide for a referendum; to provide for effective dates; to provide for
applicability; 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.
Part
1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to tax exemptions, is amended by adding a new Code Section
to read as follows:
"48-5-48.5.
(a)
As used in this Code section, the term:
(1)
'Ad valorem taxes' means all state ad valorem taxes and all county, county
school district, municipal, and independent school district taxes for county,
county school district, municipal, or independent school district purposes
including, but not limited to, taxes to retire bonded indebtedness.
(2)
'Homestead' means homestead as defined and qualified in Code Section 48-5-40.
(b)
Each resident of the state who is the unremarried surviving spouse of a service
member killed in action while serving in the armed forces of the United States
is granted an exemption on that person´s homestead from all ad valorem
taxes for the full value of that homestead.
(c)
A person shall not receive the homestead exemption granted by subsection (b) of
this Code section unless the person or person´s agent files an affidavit
with the tax commissioner of the county in which that person resides giving such
information relative to receiving such exemption as will enable the tax
commissioner to make a determination as to whether such person is entitled to
such exemption. The tax commissioner shall provide affidavit forms for this
purpose and shall require such information as may be necessary to determine the
initial and continuing eligibility of the applicant for the exemption.
(d)
The exemption shall be claimed and returned as provided in Code Section
48-5-50.1. The exemption shall be automatically renewed from year to year as
long as the applicant occupies the residence as a homestead. After a person has
filed the proper affidavit as provided in subsection (c) of this Code section,
it shall not be necessary to make application and file such affidavit thereafter
for any year and the exemption shall continue to be allowed to such person. It
shall be the duty of any person granted the homestead exemption under this Code
section to notify the tax commissioner or the designee thereof in the event that
person for any reason becomes ineligible for that exemption.
(e)
The exemption granted by this Code section shall be in lieu of and not in
addition to any other homestead exemption from ad valorem taxes.
(f)
The exemption granted by this Code section shall apply to all taxable years
beginning on or after January 1, 2009."
SECTION
2.
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 this Act 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, 2008, 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 the full value of
the homestead with respect to all ad valorem taxes for the unremarried surviving
spouse of a service member killed in action while serving in the armed forces of
the United States?"
|
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, 2009, and shall be
applicable 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.