07 LC 18
6236
House
Bill 354
By:
Representative O`Neal of the
146th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 36 and 48 of the Official Code of Georgia Annotated, relating,
respectively, to local government and revenue and taxation, so as to establish
procedures and due dates for notification of homeowner tax relief grants; to
provide for recording of tax executions; to change certain income requirements
for taxpayers 62 years of age or older seeking a homestead exemption for school
tax purposes; to change certain provisions regarding the transmission of
resolutions setting the terms of members of boards of tax assessors; to provide
for additional return filing requirements for public utilities; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising subsection (a) of Code Section 36-89-4, relating to
procedures and conditions for homeowner tax relief grant allotment, as
follows:
"(a)(1)
When funds are appropriated as provided in Code Section 36-89-3, such grants
shall be allotted to each county, municipality, and county or independent school
district in
the
this
state as follows:
(A)
Immediately following the actual preparation of ad valorem property tax bills,
but no later
than one year after the date the final installment of taxes was
due, each county fiscal authority shall
notify the Department of Revenue of the total amount of tax revenue which would
be generated by applying the sum of the state and county millage rates to the
eligible assessed value of each qualified homestead in the county. The total
amount of actual tax credits, so calculated, given to all qualified homesteads
in the county shall be the amount of the grant to that county;
(B)
Immediately following the actual preparation of ad valorem property tax bills,
but no later
than one year after the date the final installment of taxes was
due, each county or independent school
district´s fiscal authority shall notify the Department of Revenue of the
total amount of tax revenue which would be generated by applying the school
millage rate to the eligible assessed value of each qualified homestead in the
county or independent school district. The total amount of actual tax credits,
so calculated, given to all qualified homesteads in the county or independent
school district shall be the amount of the grant to that county or independent
school district; and
(C)
Immediately following the actual preparation of ad valorem property tax bills,
but no later
than one year after the date the final installment of taxes was
due, each municipality´s fiscal
authority shall notify the Department of Revenue of the total amount of tax
revenue which would be generated by applying the municipal millage rate to the
eligible assessed value of each qualified homestead in the municipality. The
total amount of actual tax credits, so calculated, given to all qualified
homesteads in the municipality shall be the amount of the grant to that
municipality.
(2)
Credit amounts computed under paragraph (1) of this subsection shall be applied
to reduce the otherwise applicable tax liability on a dollar-for-dollar basis,
but the credit granted shall not in any case exceed the amount of the otherwise
applicable tax liability after the granting of all applicable homestead
exemptions except for any homestead exemption under Article 2A of Chapter 8 of
Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after
the granting of all applicable millage rollbacks."
SECTION
2.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by revising subsection (b) of Code Section 48-3-3, relating to
executions by tax collectors and commissioners, as follows:
"(b)
The tax collector or tax commissioner shall issue executions for nonpayment of
taxes collectable by the tax collector or tax commissioner at any time after 30
days have elapsed since giving notice as provided in subsection (c) of this Code
section. The executions shall be directed to all and singular sheriffs and
constables of
the
this
state. No
later than 30 days after the expiration date of the notice to the owner of
record or the new owner as provided in this Code section, the tax collector or
tax commissioner shall have the execution recorded in the records of the clerk
of the superior court of the county where the execution was
issued."
SECTION
3.
Said
title is further amended by revising subsection (b) of Code Section 48-5-52,
relating to homestead exemptions from ad valorem taxation for educational
purposes for qualified individuals who are 62 years of age or older, as
follows:
"(b)(1)
The exemption provided for in subsection (a) of this Code section shall not be
granted unless an affidavit of the owner of the homestead, prepared upon forms
prescribed by the commissioner for that purpose, is filed with either the tax
receiver or tax commissioner, in the case of residents of county school
districts, or with the governing authority of the owner´s city, in the case
of residents of independent school districts.
(2)
The affidavit shall in the first year for which the exemption is sought be filed
on or before the last day for making a tax return and shall show
the:
(A)
Age of the owner on January 1 immediately preceding the filing of the
affidavit;
(B)
Total amount of
net
income received by the owner
and
spouse from all sources during the
immediately preceding calendar year;
and
(C)
Total
amount of income received from all sources by each individual member of the
owner´s family residing within the homestead; and
(D)
Such additional information as may be required by the commissioner.
(3)
Copies of all affidavits received or extracts of the information contained in
the affidavits shall be forwarded to the commissioner by the various taxing
authorities with whom the affidavits are filed. The commissioner is authorized
to compare such information with information contained in any income tax return,
sales tax return, or other tax documents or records of the department and to
report immediately to the appropriate county or city taxing authority any
apparent discrepancies between the information contained in any affidavit and
the information contained in any other tax records of the
department.
(4)
After the owner has filed the affidavit and has once been allowed the exemption
provided for in this Code section, it shall not be necessary to make application
and file the affidavit thereafter for any year and the exemption shall continue
to be allowed to such owner; provided, however, that it shall be the duty of any
such owner to notify the tax commissioner or tax receiver in the event the owner
becomes ineligible for any reason for the exemption provided for in this Code
section."
SECTION
4.
Said
title is further amended by revising subsection (a) of Code Section 48-5-295,
relating to terms of office, vacancies, and removal by county governing
authority, as follows:
"(a)
Each member of the county board of tax assessors appointed to such office on and
after July 1, 1996, shall be appointed by the county governing authority for a
term of not less than three nor more than six years. A county governing
authority shall, by resolution, within the range provided by this subsection,
select the length of terms of office for members of its county board of tax
assessors. Following the adoption of such resolution, all new appointments and
reappointments to the county board of tax assessors shall be for the term
lengths specified in the resolution; however, such resolution shall not have the
effect of shortening or extending the terms of office of current members of the
board of assessors whose terms have not yet expired. The county governing
authority shall not be authorized to again change the term length until the
expiration of the term of office of the first appointment or reappointment
following the resolution that last changed such terms of office. If the
resolution changing the terms of office of members of the board of tax assessors
would result in a voting majority of the board of tax assessors having their
terms expire in the same calendar year, the county governing authority shall
provide in the resolution for staggered initial appointments or reappointments
of a duration of not less than three nor more than six years that will prevent
such an occurrence. The county governing authority shall transmit to the
board of
assessors
commissioner
a copy of the resolution setting the length of terms of members of the county
board of tax assessors within ten days of the date the resolution is adopted.
Any member of the county board of tax assessors shall be eligible for
reappointment after review of his or her service on the board by the appointing
authority. Such review shall include education and certification information
furnished by the commissioner. Any member of the county board of tax assessors
who fails to maintain the certification and qualifications specified pursuant to
Code Section 48-5-291 shall not be eligible for reappointment until all
requirements have been met. In case of a vacancy on the board at any time,
whether caused by death, resignation, removal, or otherwise, the vacancy shall
be immediately filled by appointment of the county governing authority. Any
person appointed to fill a vacancy shall be appointed only to serve for the
remainder of the unexpired term of office and shall possess the same
qualifications required under this part for regular appointment to a full term
of office."
SECTION
5.
Said
title is further amended by revising subsection (b) of Code Section 48-5-511,
relating to returns of public utilities to commissioner, as
follows:
"(b)
The returns of each public utility shall be in writing and sworn to under oath
by the chief executive officer to be a just, true, and full return of the fair
market value of the property of the public utility without any deduction for
indebtedness. Each class or species of property shall be separately named and
valued as far as practicable and shall be taxed like all other property under
the laws of this state. The returns shall also include the capital stock, net
annual profits, gross receipts, business, or income (gross, annual, net, or any
other kind) for which the public utility is subject to taxation by the laws of
this state.
Each parcel of
real estate included in the return shall be identified by its physical address
and by a description adequate for the commissioner to properly identify such
parcel."
SECTION
6.
(a)
Sections 1 and 5 of this Act shall become effective upon their approval by the
Governor or upon their becoming law without such approval and shall be
applicable to all taxable years beginning on or after January 1,
2007.
(b) This section and Sections 2, 3, 4, and 7 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval.
(b) This section and Sections 2, 3, 4, and 7 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.