Georgia 2023-2024 Regular Session

Georgia House Bill HB1068 Compare Versions

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1-24 LC 44 2554/AP
2-House Bill 1068 (AS PASSED HOUSE AND SENATE)
1+24 LC 44 2554
2+House Bill 1068
33 By: Representatives Dunahoo of the 31
44 st
55 , Gaines of the 120
66 th
77 , Erwin of the 32
88 nd
99 , and
1010 Persinger of the 119
1111 th
1212
1313 A BILL TO BE ENTITLED
1414 AN ACT
1515 To amend an Act providing a homestead exemption from City of Jefferson independent
1616 1
1717 school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the2
1818 assessed value of the homestead for certain residents of that school district who are 62 years3
1919 of age or over and an additional homestead exemption in the amount of $20,000.00 of the4
2020 assessed value of the homestead for certain residents of that school district who are 65 years5
2121 of age or over and whose net income, excluding certain retirement income, does not6
2222 exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), as amended, so as to7
2323 revise existing exemptions and add a new exemption; to provide for compliance with8
2424 constitutional requirements; to provide for a referendum, effective dates, automatic repeal,9
2525 mandatory execution of election, and judicial remedies regarding failure to comply; to repeal10
2626 conflicting laws; and for other purposes.11
2727 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
2828 SECTION 1.13
2929 An Act providing a homestead exemption from City of Jefferson independent school district14
3030 ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value15
3131 of the homestead for certain residents of that school district who are 62 years of age or over16
3232 H. B. 1068
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33+- 1 - 24 LC 44 2554
3434 and an additional homestead exemption in the amount of $20,000.00 of the assessed value
3535 17
3636 of the homestead for certain residents of that school district who are 65 years of age or over18
3737 and whose net income, excluding certain retirement income, does not exceed $18,000.00,19
3838 approved April 25, 2002 (Ga. L. 2002, p. 4353), as amended, is amended by revising20
3939 paragraphs (1) through (3) of subsection (a) of Section 2 as follows:21
4040 "(1) Each resident of the City of Jefferson independent school district who is between 6222
4141 and 64 years of age is granted an exemption on that person's homestead from City of23
4242 Jefferson independent school district maintenance and operations ad valorem taxes for24
4343 educational purposes in the amount of $40,000.00 of the assessed value of that25
4444 homestead. The exemption under this subsection shall only be granted if that person's26
4545 income, together with the income of the spouse and all other members of the family who27
4646 also occupy and reside at such homestead, does not exceed $400,000.00 for the28
4747 immediately preceding year. The value of that property in excess of such exempted29
4848 amount shall remain subject to taxation.30
4949 (2) Each resident of the City of Jefferson independent school district who is31
5050 between 65 and 69 years of age is granted an exemption on that person's homestead from32
5151 City of Jefferson independent school district maintenance and operations ad valorem33
5252 taxes for educational purposes in the amount of $75,000.00 of the assessed value of that34
5353 homestead. The exemption under this subsection shall only be granted if that person's35
5454 income, together with the income of the spouse and all other members of the family who36
5555 also occupy and reside at such homestead, does not exceed $400,000.00 for the37
5656 immediately preceding year. The value of that property in excess of such exempted38
5757 amount shall remain subject to taxation.39
5858 (3) Each resident of the City of Jefferson independent school district who is 70 years of40
5959 age or older is granted an exemption on that person's homestead from City of Jefferson41
6060 independent school district maintenance and operations ad valorem taxes for educational42
6161 purposes in the amount of $100,000.00 of the assessed value of that homestead. The43
6262 H. B. 1068
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6464 exemption under this subsection shall only be granted if that person's income, together
6565 44
6666 with the income of the spouse and all other members of the family who also occupy and45
6767 reside at such homestead, does not exceed $400,000.00 for the immediately preceding46
6868 year. The value of that property in excess of such exempted amount shall remain subject47
6969 to taxation."48
7070 SECTION 2.49
7171 In accordance with the requirements of Article VII, Section II of the Constitution of the State50
7272 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority51
7373 vote in both the Senate and the House of Representatives.52
7474 SECTION 3.53
7575 The municipal election superintendent of the City of Jefferson shall call and conduct an54
7676 election as provided in this section for the purpose of submitting this Act to the electors of55
7777 the City of Jefferson independent school district for approval or rejection. The municipal56
7878 election superintendent shall conduct that election on Tuesday after the first Monday in57
7979 November, 2024, and shall issue the call and conduct that election as provided by general58
8080 law. The municipal election superintendent shall cause the date and purpose of the election59
8181 to be published once a week for two weeks immediately preceding the date thereof in the60
8282 official organ of Jackson County. The ballot shall have written or printed thereon the words:61
8383 "( ) YES62
8484 63
8585 ( ) NO64
8686 65
8787 66
8888 67
8989 Shall the Act be approved which changes senior exemptions from
9090 independent school district ad valorem taxes for educational purposes to
9191 $40,000.00 of the assessed value of the homestead for those between 62 and
9292 64 years of age, $75,000.00 of the assessed value of the homestead for those
9393 between 65 and 69 years of age, and $100,000.00 of the assessed value of
9494 the homestead for those 70 years of age or older, with an income limitation
9595 of $400,000.00 for all such exemptions?"
9696 H. B. 1068
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9898 All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring
9999 68
100100 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on69
101101 such question are for approval of the Act, Section 1 of this Act shall become of full force and70
102102 effect on January 1, 2025. If the Act is not so approved or if the election is not conducted71
103103 as provided in this section, Section 1 of this Act shall not become effective, and this Act shall72
104104 be automatically repealed on the first day of July immediately following that election date.73
105105 The expense of such election shall be borne by the City of Jefferson. It shall be the74
106106 municipal election superintendent's duty to certify the result thereof to the Secretary of State.75
107107 The provisions of this section shall be mandatory upon the municipal election superintendent76
108108 and are not intended as directory. If the municipal election superintendent fails or refuses77
109109 to comply with this section, any elector of the City of Jefferson independent school district78
110110 may apply for a writ of mandamus to compel the municipal election superintendent to79
111111 perform his or her duties under this section. If the court finds that the municipal election80
112112 superintendent has not complied with this section, the court shall fashion appropriate relief81
113113 requiring the municipal election superintendent to call and conduct such election on the date82
114114 required by this section or on the next date authorized for special elections provided for in83
115115 Code Section 21-2-540 of the O.C.G.A.84
116116 SECTION 4.85
117117 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon86
118118 its approval by the Governor or upon its becoming law without such approval.87
119119 SECTION 5.88
120120 All laws and parts of laws in conflict with this Act are repealed.89
121121 H. B. 1068
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