3 | 3 | | By: Representatives Dunahoo of the 31 |
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4 | 4 | | st |
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5 | 5 | | , Gaines of the 120 |
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6 | 6 | | th |
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7 | 7 | | , Erwin of the 32 |
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8 | 8 | | nd |
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9 | 9 | | , and |
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10 | 10 | | Persinger of the 119 |
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11 | 11 | | th |
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12 | 12 | | |
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13 | 13 | | A BILL TO BE ENTITLED |
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14 | 14 | | AN ACT |
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15 | 15 | | To amend an Act providing a homestead exemption from City of Jefferson independent |
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16 | 16 | | 1 |
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17 | 17 | | school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the2 |
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18 | 18 | | assessed value of the homestead for certain residents of that school district who are 62 years3 |
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19 | 19 | | of age or over and an additional homestead exemption in the amount of $20,000.00 of the4 |
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20 | 20 | | assessed value of the homestead for certain residents of that school district who are 65 years5 |
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21 | 21 | | of age or over and whose net income, excluding certain retirement income, does not6 |
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22 | 22 | | exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), as amended, so as to7 |
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23 | 23 | | revise existing exemptions and add a new exemption; to provide for compliance with8 |
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24 | 24 | | constitutional requirements; to provide for a referendum, effective dates, automatic repeal,9 |
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25 | 25 | | mandatory execution of election, and judicial remedies regarding failure to comply; to repeal10 |
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26 | 26 | | conflicting laws; and for other purposes.11 |
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27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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28 | 28 | | SECTION 1.13 |
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29 | 29 | | An Act providing a homestead exemption from City of Jefferson independent school district14 |
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30 | 30 | | ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value15 |
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31 | 31 | | of the homestead for certain residents of that school district who are 62 years of age or over16 |
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32 | 32 | | H. B. 1068 |
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34 | 34 | | and an additional homestead exemption in the amount of $20,000.00 of the assessed value |
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35 | 35 | | 17 |
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36 | 36 | | of the homestead for certain residents of that school district who are 65 years of age or over18 |
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37 | 37 | | and whose net income, excluding certain retirement income, does not exceed $18,000.00,19 |
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38 | 38 | | approved April 25, 2002 (Ga. L. 2002, p. 4353), as amended, is amended by revising20 |
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39 | 39 | | paragraphs (1) through (3) of subsection (a) of Section 2 as follows:21 |
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40 | 40 | | "(1) Each resident of the City of Jefferson independent school district who is between 6222 |
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41 | 41 | | and 64 years of age is granted an exemption on that person's homestead from City of23 |
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42 | 42 | | Jefferson independent school district maintenance and operations ad valorem taxes for24 |
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43 | 43 | | educational purposes in the amount of $40,000.00 of the assessed value of that25 |
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44 | 44 | | homestead. The exemption under this subsection shall only be granted if that person's26 |
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45 | 45 | | income, together with the income of the spouse and all other members of the family who27 |
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46 | 46 | | also occupy and reside at such homestead, does not exceed $400,000.00 for the28 |
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47 | 47 | | immediately preceding year. The value of that property in excess of such exempted29 |
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48 | 48 | | amount shall remain subject to taxation.30 |
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49 | 49 | | (2) Each resident of the City of Jefferson independent school district who is31 |
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50 | 50 | | between 65 and 69 years of age is granted an exemption on that person's homestead from32 |
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51 | 51 | | City of Jefferson independent school district maintenance and operations ad valorem33 |
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52 | 52 | | taxes for educational purposes in the amount of $75,000.00 of the assessed value of that34 |
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53 | 53 | | homestead. The exemption under this subsection shall only be granted if that person's35 |
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54 | 54 | | income, together with the income of the spouse and all other members of the family who36 |
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55 | 55 | | also occupy and reside at such homestead, does not exceed $400,000.00 for the37 |
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56 | 56 | | immediately preceding year. The value of that property in excess of such exempted38 |
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57 | 57 | | amount shall remain subject to taxation.39 |
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58 | 58 | | (3) Each resident of the City of Jefferson independent school district who is 70 years of40 |
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59 | 59 | | age or older is granted an exemption on that person's homestead from City of Jefferson41 |
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60 | 60 | | independent school district maintenance and operations ad valorem taxes for educational42 |
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61 | 61 | | purposes in the amount of $100,000.00 of the assessed value of that homestead. The43 |
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62 | 62 | | H. B. 1068 |
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64 | 64 | | exemption under this subsection shall only be granted if that person's income, together |
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65 | 65 | | 44 |
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66 | 66 | | with the income of the spouse and all other members of the family who also occupy and45 |
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67 | 67 | | reside at such homestead, does not exceed $400,000.00 for the immediately preceding46 |
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68 | 68 | | year. The value of that property in excess of such exempted amount shall remain subject47 |
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69 | 69 | | to taxation."48 |
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70 | 70 | | SECTION 2.49 |
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71 | 71 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State50 |
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72 | 72 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority51 |
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73 | 73 | | vote in both the Senate and the House of Representatives.52 |
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74 | 74 | | SECTION 3.53 |
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75 | 75 | | The municipal election superintendent of the City of Jefferson shall call and conduct an54 |
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76 | 76 | | election as provided in this section for the purpose of submitting this Act to the electors of55 |
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77 | 77 | | the City of Jefferson independent school district for approval or rejection. The municipal56 |
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78 | 78 | | election superintendent shall conduct that election on Tuesday after the first Monday in57 |
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79 | 79 | | November, 2024, and shall issue the call and conduct that election as provided by general58 |
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80 | 80 | | law. The municipal election superintendent shall cause the date and purpose of the election59 |
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81 | 81 | | to be published once a week for two weeks immediately preceding the date thereof in the60 |
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82 | 82 | | official organ of Jackson County. The ballot shall have written or printed thereon the words:61 |
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83 | 83 | | "( ) YES62 |
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84 | 84 | | 63 |
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85 | 85 | | ( ) NO64 |
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86 | 86 | | 65 |
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87 | 87 | | 66 |
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88 | 88 | | 67 |
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89 | 89 | | Shall the Act be approved which changes senior exemptions from |
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90 | 90 | | independent school district ad valorem taxes for educational purposes to |
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91 | 91 | | $40,000.00 of the assessed value of the homestead for those between 62 and |
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92 | 92 | | 64 years of age, $75,000.00 of the assessed value of the homestead for those |
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93 | 93 | | between 65 and 69 years of age, and $100,000.00 of the assessed value of |
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94 | 94 | | the homestead for those 70 years of age or older, with an income limitation |
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95 | 95 | | of $400,000.00 for all such exemptions?" |
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96 | 96 | | H. B. 1068 |
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98 | 98 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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99 | 99 | | 68 |
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100 | 100 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on69 |
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101 | 101 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and70 |
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102 | 102 | | effect on January 1, 2025. If the Act is not so approved or if the election is not conducted71 |
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103 | 103 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall72 |
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104 | 104 | | be automatically repealed on the first day of July immediately following that election date.73 |
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105 | 105 | | The expense of such election shall be borne by the City of Jefferson. It shall be the74 |
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106 | 106 | | municipal election superintendent's duty to certify the result thereof to the Secretary of State.75 |
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107 | 107 | | The provisions of this section shall be mandatory upon the municipal election superintendent76 |
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108 | 108 | | and are not intended as directory. If the municipal election superintendent fails or refuses77 |
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109 | 109 | | to comply with this section, any elector of the City of Jefferson independent school district78 |
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110 | 110 | | may apply for a writ of mandamus to compel the municipal election superintendent to79 |
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111 | 111 | | perform his or her duties under this section. If the court finds that the municipal election80 |
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112 | 112 | | superintendent has not complied with this section, the court shall fashion appropriate relief81 |
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113 | 113 | | requiring the municipal election superintendent to call and conduct such election on the date82 |
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114 | 114 | | required by this section or on the next date authorized for special elections provided for in83 |
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115 | 115 | | Code Section 21-2-540 of the O.C.G.A.84 |
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116 | 116 | | SECTION 4.85 |
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117 | 117 | | Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon86 |
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118 | 118 | | its approval by the Governor or upon its becoming law without such approval.87 |
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119 | 119 | | SECTION 5.88 |
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120 | 120 | | All laws and parts of laws in conflict with this Act are repealed.89 |
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121 | 121 | | H. B. 1068 |
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122 | 122 | | - 4 - |
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