06 LC 18
5051
House
Bill 1428
By:
Representatives Meadows of the
5th
and Graves of the
12th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for homestead exemptions from City of Calhoun independent school
district ad valorem taxes for educational purposes in the amount of $40,000.00
of the assessed value of the homestead for residents of that school district who
are at least 65 but less than 70 years of age and in the amount of $100,000.00
of the assessed value of the homestead for residents of that school district who
are 70 years of age or over; 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 City of Calhoun
independent school district, including, but not limited to, any ad valorem
taxes to pay interest on and to retire independent 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.
(b)(1)
Each resident of the City of Calhoun independent school district who is at least
65 but less than 70 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 is granted an exemption on that
persońs
homestead from City of Calhoun independent school district ad valorem taxes for
educational purposes in the amount of $40,000.00 of the assessed value of that
homestead. The value of that property in excess of such exempted amount shall
remain subject to taxation.
(2)
Each resident of the City of Calhoun independent school district who is 70 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 is granted an exemption
on that
persońs
homestead from City of Calhoun independent school district ad valorem taxes for
educational purposes in the amount of $100,000.00 of the assessed value of that
homestead. The value of that property in excess of such exempted amount shall
remain subject to taxation.
(c)
A person shall not receive either of the homestead exemptions granted by
subsection (b) of this section unless the person or
persońs
agent files an application with the governing authority of the City of Calhoun,
or the designee thereof, giving the
persońs
age and such additional information relative to receiving such exemption as will
enable the governing authority of the City of Calhoun, 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 Calhoun, or
the designee thereof, shall provide application forms for this
purpose.
(d) The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. An 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 Calhoun, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption.
(e) The exemptions 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 county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to the City of Calhoun independent school district ad valorem taxes for educational purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
(d) The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. An 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 Calhoun, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption.
(e) The exemptions 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 county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to the City of Calhoun independent school district ad valorem taxes for educational purposes.
(f) The exemption granted by subsection (b) of this section 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 municipal
election superintendent of the City of Calhoun 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 Calhoun independent school district for approval or
rejection. The municipal 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 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 Gordon County. The ballot shall have written or printed
thereon the words:
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"( ) YES
( ) NO
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Shall
the Act be approved which provides homestead exemptions from City of Calhoun
independent school district ad valorem taxes for educational purposes in the
amount of $40,000.00 of the assessed value of the homestead for residents of
that school district who are at 65 but less than 70 years of age or over and in
the amount of $100,000.00 of the assessed value of the homestead for residents
of that school district who are 70 years of age or over?"
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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 the City of
Calhoun. 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.