hb1124.html

06 LC 18 4986T/AP

House Bill 1124 (AS PASSED HOUSE AND SENATE)

By: Representatives England of the 108th and Benton of the 31st

A BILL TO BE ENTITLED
AN ACT

To provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; 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 educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Barrow County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness.

(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.

(3) "Income" means federal total income as reflected on the prior yeaŕs tax return.

(4) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.

(b)(1) Each resident of the Barrow County school district who is a senior citizen and who also meets the income requirements set forth in paragraph (3) of this subsection is granted an exemption on that persońs homestead from all Barrow County school district ad valorem taxes for educational purposes, as follows:

(A) For the taxable year beginning on or after January 1, 2007, and prior to January 1, 2008, in the amount of $15,000.00 of the assessed value of that homestead;

(B) For the taxable year beginning on or after January 1, 2008, and prior to January 1, 2009, in the amount of $30,000.00 of the assessed value of that homestead;

(C) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $45,000.00 of the assessed value of that homestead;

(D) For all taxable years beginning on or after January 1, 2010, in the amount of $60,000.00 of the assessed value of that homestead; and

(E) For all taxable years commencing on or after January 1, 2011, in the amount of $60,000.00 of the assessed value of the homestead.

(2) The value of that property in excess of such exempted amount under paragraph (1) of this subsection shall remain subject to taxation.

(3) The exemption under this subsection shall be granted only if that persońs federal total income, together with the federal total income of the spouse who also occupies and resides at such homestead, does not collectively exceed for the immediately preceding year an amount equal to 250 percent of the amount specified by the most recent United States Department of Health and Human Services Poverty Guidelines for a one-person family unit in the 48 contiguous states.

(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the tax commissioner of Barrow County giving the persońs age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. The taxable year in which the homestead exemption under subsection (b) of this section is first granted to such person shall be determined in accordance with the date of filing of such application as provided in subsection (a) of Code Section 48-5-45, as amended. Applications received after deadline will not be considered.
(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. Except as provided in this subsection, the exemption shall be renewed from year to year as 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 except the year following a reevaluation of the homestead property, at which time the person shall be required to file another application in the same manner as provided for in subsection (c) of this section with respect to an initial application, in order to receive such exemption. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Barrow 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 any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational 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 Barrow County school district ad valorem taxes for educational purposes to specifically include the existing 1998 $20,000.00 homestead exemption.
(f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2007.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Barrow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Barrow County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The 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 Barrow County. The ballot shall have written or printed thereon the words:

"( ) YES

( ) NO

Shall the Act be approved which provides an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines?"

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, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Barrow County. It shall be the election superintendent́s 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.