07 LC 18
6099/AP
House
Bill 574 (AS PASSED HOUSE AND SENATE)
By:
Representative Morris of the
155th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a homestead exemption from City of Vidalia independent school
district ad valorem taxes for educational purposes in an amount equal to the
amount by which the current year assessed value of a homestead exceeds the base
year assessed value of such homestead; 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 Vidalia
independent school district, including, but not limited to, ad valorem taxes to
pay interest on and to retire independent school district bonded
indebtedness.
(2)
"Base year" means:
(A)
Except as otherwise provided in subparagraph (B) of this paragraph, the taxable
year immediately preceding the taxable year in which the exemption under this
Act is first granted to the most recent owner of such homestead; or
(B)
With respect to any person who applies for and is granted the homestead
exemption under this Act for the 2008 tax year, the base year assessed value of
the homestead shall be the 2004 assessed value of the homestead.
(3)
"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 five contiguous acres of
land immediately surrounding such residence.
(b)
Each resident of the City of Vidalia independent school district is granted an
exemption on that person´s homestead from City of Vidalia independent
school district ad valorem taxes for educational purposes in an amount equal to
the amount by which the current year assessed value of that homestead exceeds
the base year assessed value of that homestead. This exemption shall not apply
to taxes assessed on improvements to the homestead or additional land that is
added to the homestead after January 1 of the base year. If any real property
is removed from the homestead, the base year assessed value shall be
recalculated accordingly. 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 person´s agent files an application with the governing authority of the City of Vidalia, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Vidalia, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Vidalia, 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 Vidalia, 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, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal 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.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2008.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person´s agent files an application with the governing authority of the City of Vidalia, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Vidalia, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Vidalia, 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 Vidalia, 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, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal 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.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2008.
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the municipal
election superintendent of the City of Vidalia 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 Vidalia independent school district for approval or
rejection. The municipal election superintendent shall conduct that election on
the Tuesday after the first Monday in November, 2007, and shall issue the call
and conduct that election as provided by general law. The municipal
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 Toombs 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 a homestead exemption from City of Vidalia
independent school district ad valorem taxes for educational purposes in an
amount equal to the amount by which the current year assessed value of a
homestead exceeds the base year assessed value of such homestead?"
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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, 2008. 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
Vidalia. It shall be the municipal election superintendent´s 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.