LC 18 6654
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide for a state-wide base value
homestead exemption from county ad valorem taxes for county purposes; to provide
for definitions; to specify the terms and conditions of the exemption and
procedures relating thereto; to specify procedures to discontinue such exemption
within a county; to provide for applicability; to provide for the submission of
this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
VII, Section II of the Constitution is amended by adding a new Paragraph at the
end thereof, to be designated Paragraph VI, to read as follows:
"Paragraph
VI.
Base
value homestead exemption. (a) For
purposes of this Paragraph, the term:
(1)
'Base value' means the purchase price of the homestead property paid by the most
recent owner of such homestead.
(2)
'County ad valorem taxes' means all county ad valorem taxes for county purposes
levied by, for, or on behalf of a county, except for taxes to pay interest on
and to retire county bonded indebtedness.
(3)
'Homestead' means the homestead as defined and qualified by general law for
other general law homestead exemptions, with the additional qualification that
it shall include not more than five contiguous acres of homestead property.
(b)
Each resident of a county is granted an exemption on that person´s
homestead from all county ad valorem taxes in an amount equal to the amount by
which the current year assessed value of that homestead exceeds the base value
of that homestead. This exemption shall not apply to taxes assessed on
improvements to such homestead or additional land that is added to such
homestead after January 1 of the base year. If any real property is removed
from such 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 this Paragraph
unless such person or person´s agent files an application with the tax
commissioner of the county giving such information relative to receiving such
exemption as will enable the tax commissioner to make a determination regarding
the initial and continuing eligibility of such person for such exemption. The
tax commissioner of the county shall provide application forms for this
purpose.
(d)
The exemption shall be claimed and returned as provided by general law for other
homestead exemptions. The exemption shall be automatically renewed from year to
year so long as the person granted the homestead exemption under this Paragraph
occupies the residence as a homestead. After a person has filed the proper
application as provided in this Paragraph, 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 this Paragraph to notify the tax commissioner of the
county in the event that person for any reason becomes ineligible for that
exemption.
(e)
The homestead exemption granted by this Paragraph shall not apply to or affect
any 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 this Paragraph shall be in
addition to and not in lieu of any other homestead exemption.
(f)
The exemption granted by this Paragraph shall apply to all taxable years
beginning on or after January 1, 2009.
(g)
The General Assembly shall be authorized to discontinue the exemption granted
under this Paragraph with respect to the ad valorem taxes of a county by local
law conditioned upon approval by a majority of the qualified electors residing
within the limits of the county voting in a referendum
thereon."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide for a state-wide base
value homestead exemption from county ad valorem taxes for county purposes in an
amount equal to the difference between the homestead purchase price and the
current year assessed value?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.