06 LC 18
5049
House
Bill 1429
By:
Representatives Graves of the
12th
and Meadows of the
5th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for homestead exemptions from Gordon County 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 older; to provide for definitions; to specify the terms and conditions of the
exemptions 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 Gordon 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.
(b)(1)
Each resident of the Gordon County 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 this paragraph is made is granted an
exemption on that
persońs
homestead from all Gordon County 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 Gordon County 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 this paragraph is made is granted an exemption on that
persońs
homestead from all Gordon County 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 tax commissioner of Gordon 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.
(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 a homestead exemption under this Act to notify the tax commissioner of Gordon County in the event that person for any reason becomes ineligible for that 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 independent school district ad valorem taxes for educational purposes. The homestead exemptions granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Gordon County school district ad valorem taxes for educational purposes.
(f) The exemption granted by this Act 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 a homestead exemption under this Act to notify the tax commissioner of Gordon County in the event that person for any reason becomes ineligible for that 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 independent school district ad valorem taxes for educational purposes. The homestead exemptions granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Gordon County school district ad valorem taxes for educational purposes.
(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 Gordon County shall call and conduct an election as provided
in this section for the purpose of submitting this Act to the electors of the
Gordon 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 Gordon County. The ballot shall have
written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which provides homestead exemptions from Gordon County
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?"
|
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, 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 Gordon 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.