05 LC 18
3944/AP
House
Bill 590 (AS PASSED HOUSE AND SENATE)
By:
Representatives Fludd of the
66th,
Lakly of the
72nd,
Abdul-Salaam of the
74th,
Jordan of the
77th,
and Yates of the
73rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a homestead exemption from City of Peachtree City ad valorem taxes
for municipal purposes in the amount of $5,000.00 of the assessed value of the
homestead for residents of that city who are 65 years of age or over and whose
income does not exceed $30,000.00; 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 municipal purposes" means all ad valorem taxes for
municipal purposes levied by, for, or on behalf of the City of Peachtree City,
except for any ad valorem taxes to pay interest on and to retire municipal
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 adjusted gross income determined pursuant to the Internal
Revenue Code of 1986, as amended, for federal income tax purposes.
(4)
"Senior citizen" means a person who is 65 years of age or over on or before
January 1 of the year in which application for the exemption under subsection
(b) of this section is made.
(b)
Each resident of the City of Peachtree City who is a senior citizen is granted
an exemption on that
persońs
homestead from City of Peachtree City ad valorem taxes for municipal purposes in
the amount of $5,000.00 of the assessed value of that homestead. The exemption
granted by this subsection shall only be granted if that
persońs
income together with the income of the spouse who also occupies and resides at
such homestead does not exceed $30,000.00 for the immediately preceding year.
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 persońs agent files an application with the governing authority of the City of Peachtree City, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Peachtree City, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. Such application shall be filed on an annual basis, and shall also include an affidavit of the age of the applicant.
(d) The governing authority of the City of Peachtree City, or the designee thereof, shall provide application and affidavit forms for the exemptions granted by this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption under subsection (b) of this section.
(e) The exemption under subsection (b) of this section shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption under subsection (b) of this section shall be renewed each year unless the governing authority of Peachtree City, or the designee thereof, determines that such person is ineligible for that exemption. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Peachtree City, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county 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 municipal ad valorem taxes for municipal purposes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2006.
(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 governing authority of the City of Peachtree City, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Peachtree City, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. Such application shall be filed on an annual basis, and shall also include an affidavit of the age of the applicant.
(d) The governing authority of the City of Peachtree City, or the designee thereof, shall provide application and affidavit forms for the exemptions granted by this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption under subsection (b) of this section.
(e) The exemption under subsection (b) of this section shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption under subsection (b) of this section shall be renewed each year unless the governing authority of Peachtree City, or the designee thereof, determines that such person is ineligible for that exemption. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Peachtree City, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county 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 municipal ad valorem taxes for municipal purposes.
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2006.
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the municipal
election superintendent of the City of Peachtree City shall call and conduct an
election as provided in this section for the purpose of submitting this Act to
the electors of the City of Peachtree City for approval or rejection. The
municipal election superintendent shall conduct that election on the Tuesday
after the first Monday in November, 2005, and shall issue the call and conduct
that election as provided by general law. The municipal 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
Fayette County. The ballot shall have written or printed thereon the
words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which provides a homestead exemption from City of Peachtree
City ad valorem taxes for municipal purposes in the amount of $5,000.00 of the
assessed value of the homestead for residents of that city who are 65 years of
age or over, if that
persońs
income, together with the income of the spouse who also occupies and resides at
such homestead, does not exceed $30,000.00 for the immediately preceding
year?"
|
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, 2006. 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 the City of
Peachtree City. It shall be the municipal 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.