LC 18 6579
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a homestead exemption from DeKalb County ad valorem taxes for county
purposes in an amount equal to the amount by which the current year assessed
value of a homestead exceeds the purchase price of such homestead; to provide
for definitions; to specify the terms and conditions of the exemption and the
procedures relating thereto; to provide for applicability; to repeal an Act
providing for a base year assessed value homestead exemption, approved May 5,
2006 (Ga. L. 2006, p. 4636); to provide for a referendum, effective dates, and
automatic repeal; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
(a)
As used in this Act, the term:
(1)
"Ad valorem taxes for county purposes" means all ad valorem taxes for county
purposes levied by, for, or on behalf of DeKalb County, including, but not
limited to, any ad valorem taxes to pay interest on and to retire county bonded
indebtedness.
(2)
"Base value" means the purchase price of the homestead property paid by the most
recent owner of such homestead.
(3)
"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 not more than five contiguous acres of homestead property.
(b)
Each resident of DeKalb County is granted an exemption on that person´s
homestead from DeKalb County ad valorem taxes for county purposes in an amount
equal to the amount by which the current year assessed value of that homestead
exceeds the base value of the homestead. This exemption shall not apply to
taxes assessed on improvements to the homestead or additional land that is added
to the homestead after January 1 of the base year. If any real property is
removed from the homestead, the base value shall be adjusted to reflect such
removal, and the exemption shall be recalculated accordingly. The value of that
property in excess of such exempted amount shall remain subject to
taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person´s agent files an application with the tax commissioner of DeKalb County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the correctness of the base value and the initial and continuing eligibility of such owner for such exemption. The tax commissioner of DeKalb County shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application 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 subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
(g) An Act providing for a base year assessed value homestead exemption, approved May 5, 2006 (Ga. 2006, p. 4636), is repealed effective as of the last moment of December 31, 2008.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person´s agent files an application with the tax commissioner of DeKalb County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the correctness of the base value and the initial and continuing eligibility of such owner for such exemption. The tax commissioner of DeKalb County shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application 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 subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
(g) An Act providing for a base year assessed value homestead exemption, approved May 5, 2006 (Ga. 2006, p. 4636), is repealed effective as of the last moment of December 31, 2008.
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of DeKalb County shall call and conduct an election as provided
in this section for the purpose of submitting this Act to the electors of DeKalb
County for approval or rejection. The election superintendent shall conduct
that election on the date of the November, 2008, state-wide general election,
and shall issue the call and conduct that election as provided by general law.
The election superintendent 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 DeKalb County. The ballot shall have written or printed
thereon the words:
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"( ) YES
( ) NO
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Shall
the Act be approved which repeals the existing DeKalb County base year assessed
value homestead exemption and replaces it with a homestead exemption from DeKalb
County ad valorem taxes for county purposes in an amount equal to the amount by
which the current year assessed value of a homestead exceeds the purchase price
of such homestead?"
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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, Section
1 of this Act shall become of full force and effect on January 1, 2009. If the
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. The expense of such election shall be borne by DeKalb County.
It shall be the election superintendent´s duty to certify the result
thereof to the Secretary of State.
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.