05 LC 34
0306
House
Bill 641
By:
Representatives Reese of the
98th,
Mills of the
25th,
and Coan of the
101st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a homestead exemption from City of Buford ad valorem taxes for
municipal purposes in the amount of $22,000.00 of the assessed value of the
homestead after a five-year phase-in period for residents of the City of Buford;
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 Buford, except
for taxes levied for the purposes of the City of Buford Fire District and 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, with the additional qualification that it shall
include only the primary residence and not more than one contiguous acre of land
immediately surrounding such residence.
(b)(1)
Each resident of the City of Buford is granted an exemption on that
persońs
homestead from all City of Buford ad valorem taxes for municipal purposes, as
follows:
|
Amount
of exemption of
assessed
value of homestead
|
Tax
year beginning
date
for exemption
|
|
$4,400.00
|
January
1, 2006
|
|
$8,800.00
|
January
1, 2007
|
|
$13,200.00
|
January
1, 2008
|
|
$17,600.00
|
January
1, 2009
|
|
$22,000.00
|
January
1, 2010
|
(2)
The value of that property in excess of such exempted amount under paragraph (1)
of this subsection shall remain subject to taxation.
(c)
Any person who, as of December 31, 2005, has applied for and is eligible to
receive the $2,000.00 state-wide homestead exemption granted under Code Section
48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the
exemption granted by this Act without applying therefor. Otherwise, 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 Buford,
or the designee thereof, giving such information relative to receiving such
exemption as will enable the governing authority of the City of Buford, or the
designee thereof, to make a determination regarding the initial and continuing
eligibility of such owner for such exemption. The governing authority of the
City of Buford, or the designee thereof, 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 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 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 governing authority of the City of Buford, or the designee thereof, 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 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.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2006.
(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 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 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 governing authority of the City of Buford, or the designee thereof, 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 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.
(f) 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 Buford 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 Buford for approval or rejection. The municipal
election superintendent shall conduct that election on the date of the general
municipal election on November 8, 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
Gwinnett 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 Buford ad
valorem taxes for municipal purposes in the amount of
$22,000.00
of the assessed value of the homestead for
residents of the City of Buford after a five-year phase-in period?"
|
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
Buford. 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.