06 LC 18
5210/AP
House
Bill 1476 (AS PASSED HOUSE AND SENATE)
By:
Representative Freeman of the
140th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act restating and reenacting a certain homestead exemption from ad
valorem taxes levied for county and school purposes and a certain homestead
exemption from ad valorem taxes levied for county purposes in Twiggs County
approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of
the county exemption and the amount of the income limitation; to lower the age
requirement to 62 years of age or over; to specify the terms and conditions of
such exemption and the procedures relating thereto; to provide for a referendum,
effective dates, applicability, and automatic repeal; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act restating and reenacting a certain homestead exemption from ad valorem taxes
levied for county and school purposes and a certain homestead exemption from ad
valorem taxes levied for county purposes in Twiggs County approved March 20,
1990 (Ga. L. 1990, p. 3935), is amended by striking Section 5 and inserting in
its place a new Section 5 to read as follows:
"SECTION
5.
Each
resident of Twiggs County who is 62 years of age or older is granted an
exemption from Twiggs County ad valorem taxation for county purposes in the
amount specified by this section on a homestead owned and occupied by the
resident as a residence if the
resident́s
net income, together with the net income of the
resident́s
spouse who also occupies and resides at such homestead, as net income is defined
by Georgia law, from all sources except as hereinafter provided, does not exceed
$15,000.00 for the immediately preceding taxable year for income tax purposes.
For the purposes of this section, net income shall not include income received
as retirement, survivor, or disability benefits under the federal Social
Security Act or under any other public or private retirement, disability, or
pension system, except such income which is in excess of the maximum amount
authorized to be paid to an individual under the federal Social Security Act;
and income from such sources in excess of such maximum amount shall be included
as net income for the purposes of this section. The amount of the exemption
granted by this section shall be as follows:
(1)
The exemption granted by this section shall be $15,000.00 of the assessed value
of the homestead for the tax year beginning January 1, 2007;
(2)
The exemption granted by this section shall be $25,000.00 of the assessed value
of the homestead for the tax year beginning January 1, 2008, and for all tax
years
thereafter."
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Twiggs County shall call and conduct an election as provided
in this section for the purpose of submitting this Act to the electors of Twiggs
County 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
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 Twiggs 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 changes the homestead exemption from Twiggs County ad
valorem taxes for county purposes in the amount of $8,000.00 of the assessed
value of the homestead for residents of that county who are 65 years of age or
over and whose income, not including certain retirement income, does not exceed
$10,000.00 so that the exemption amount is increased to $15,000.00 in 2007 and
to $25,000.00 for 2008 and subsequent years and which increases the income
limitation to $15,000.00 and lowers the age qualification to 62 years of age or
over?"
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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 Twiggs 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.