5 | 5 | | By: Representatives Reeves of the 99 |
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6 | 6 | | th |
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7 | 7 | | , Hong of the 103 |
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8 | 8 | | rd |
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9 | 9 | | , and Clark of the 100 |
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10 | 10 | | th |
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11 | 11 | | |
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12 | 12 | | A BILL TO BE ENTITLED |
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13 | 13 | | AN ACT |
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14 | 14 | | To amend an Act providing a homestead exemption from all City of Sugar Hill ad valorem |
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15 | 15 | | 1 |
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16 | 16 | | taxes for city purposes in the amount of $2,000.00 of the assessed value of the homestead for2 |
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17 | 17 | | residents of said city, excluding land in excess of one acre, approved April 4, 1991 (Ga. L.3 |
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18 | 18 | | 1991, p. 4675), so as to increase the exemption from $2,000.00 to $10,000.00; to provide for4 |
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19 | 19 | | compliance with constitutional requirements; to provide for a referendum, effective dates,5 |
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20 | 20 | | automatic repeal, mandatory execution of election, and judicial remedies regarding failure6 |
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21 | 21 | | to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.7 |
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22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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23 | 23 | | SECTION 1.9 |
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24 | 24 | | An Act providing a homestead exemption from all City of Sugar Hill ad valorem taxes for10 |
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25 | 25 | | city purposes in the amount of $2,000.00 of the assessed value of the homestead for residents11 |
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26 | 26 | | of said city, excluding land in excess of one acre, approved April 4, 1991 (Ga. L. 1991, p.12 |
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28 | 28 | | H. B. 672 |
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29 | 29 | | - 2 - |
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30 | 30 | | "SECTION 1. |
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31 | 31 | | 14 |
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32 | 32 | | Each resident of the City of Sugar Hill is granted an exemption on that person's homestead15 |
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33 | 33 | | from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited16 |
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34 | 34 | | to taxes to retire bonded indebtedness, in the amount of $10,000.00 of the assessed value17 |
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35 | 35 | | of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the18 |
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36 | 36 | | O.C.G.A., except that land which is included in that homestead and which exceeds one acre19 |
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37 | 37 | | shall not have the value thereof exempt under this Act."20 |
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38 | 38 | | SECTION 2.21 |
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39 | 39 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State22 |
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40 | 40 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority23 |
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41 | 41 | | vote in both the Senate and the House of Representatives.24 |
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42 | 42 | | SECTION 3.25 |
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43 | 43 | | The municipal election superintendent of the City of Sugar Hill shall call and conduct an26 |
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44 | 44 | | election as provided in this section for the purpose of submitting this Act to the electors of27 |
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45 | 45 | | the City of Sugar Hill for approval or rejection. The municipal election superintendent shall28 |
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46 | 46 | | conduct that election in conjunction with the November, 2023, municipal general election29 |
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47 | 47 | | and shall issue the call and conduct that election as provided by general law. The municipal30 |
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48 | 48 | | election superintendent shall cause the date and purpose of the election to be published once31 |
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49 | 49 | | a week for two weeks immediately preceding the date thereof in the official organ of32 |
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50 | 50 | | Gwinnett County. The ballot shall have written or printed thereon the words:33 |
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51 | 51 | | "( ) YES34 |
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52 | 52 | | ( ) NO35 |
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53 | 53 | | 36 |
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54 | 54 | | 37 |
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55 | 55 | | Shall the Act be approved which increases the homestead exemption from |
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56 | 56 | | City of Sugar Hill ad valorem taxes for municipal purposes to the amount |
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57 | 57 | | of $10,000.00 of the assessed value of the homestead for residents of the |
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59 | 59 | | H. B. 672 |
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60 | 60 | | - 3 - |
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61 | 61 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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62 | 62 | | 38 |
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63 | 63 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on39 |
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64 | 64 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and40 |
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65 | 65 | | effect on January 1, 2024. If the Act is not so approved or if the election is not conducted41 |
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66 | 66 | | as provided in this section, Section 1 of this Act shall not become effective and this Act shall42 |
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67 | 67 | | be automatically repealed on the first day of July immediately following that election date.43 |
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68 | 68 | | The expense of such election shall be borne by the City of Sugar Hill. It shall be the44 |
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69 | 69 | | municipal election superintendent's duty to certify the result thereof to the Secretary of State.45 |
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70 | 70 | | The provisions of this section shall be mandatory upon the municipal election superintendent46 |
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71 | 71 | | and are not intended as directory. If the municipal election superintendent fails or refuses47 |
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72 | 72 | | to comply with this section, any elector of the City of Sugar Hill may apply for a writ of48 |
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73 | 73 | | mandamus to compel the municipal election superintendent to perform his or her duties49 |
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74 | 74 | | under this section. If the court finds that the municipal election superintendent has not50 |
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75 | 75 | | complied with this section, the court shall fashion appropriate relief requiring the municipal51 |
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76 | 76 | | election superintendent to call and conduct such election on the date required by this section52 |
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77 | 77 | | or on the next date authorized for special elections provided for in Code Section 21-2-54053 |
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78 | 78 | | of the O.C.G.A.54 |
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79 | 79 | | SECTION 4.55 |
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80 | 80 | | Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon56 |
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81 | 81 | | its approval by the Governor or upon its becoming law without such approval.57 |
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82 | 82 | | SECTION 5. 58 |
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83 | 83 | | All laws and parts of laws in conflict with this Act are repealed.59 |
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