| 3 | 3 | | By: Representatives Smith of the 138 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Huddleston of the 72 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , and Buckner of the 137 |
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| 8 | 8 | | th |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend an Act to provide a homestead exemption from Troup County school district ad |
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| 13 | 13 | | 1 |
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| 14 | 14 | | valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of2 |
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| 15 | 15 | | the homestead for certain residents of that school district who have annual incomes not3 |
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| 16 | 16 | | exceeding $22,000.00 and who are 65 years of age or over, approved March 24, 19944 |
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| 17 | 17 | | (Ga. L. 1994, p. 3844), as amended; so as to increase the existing homestead exemption; to5 |
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| 18 | 18 | | increase the income cap; to provide for compliance with constitutional requirements; to6 |
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| 19 | 19 | | provide for a referendum, effective dates, automatic repeal, mandatory execution of election,7 |
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| 20 | 20 | | and judicial remedies regarding failure to comply; to provide for related matters; to repeal8 |
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| 21 | 21 | | conflicting laws; and for other purposes.9 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 23 | 23 | | SECTION 1.11 |
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| 24 | 24 | | An Act to provide a homestead exemption from Troup County school district ad valorem12 |
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| 25 | 25 | | taxes for educational purposes in the amount of $10,000.00 of the assessed value of the13 |
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| 26 | 26 | | homestead for certain residents of that school district who have annual incomes not14 |
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| 27 | 27 | | exceeding $22,000.00 and who are 65 years of age or over, approved March 24, 199415 |
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| 28 | 28 | | H. B. 103 |
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| 30 | 30 | | (Ga. L. 1994, p. 3844), as amended, is amended by revising subsection (a) of Section 2 as |
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| 31 | 31 | | 16 |
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| 32 | 32 | | follows:17 |
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| 33 | 33 | | "(a) Each resident of the Troup County school district who is 65 years of age or over is18 |
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| 34 | 34 | | granted an exemption on that person's homestead and not more than two contiguous acres19 |
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| 35 | 35 | | of homestead property from Troup County school district ad valorem taxes for educational20 |
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| 36 | 36 | | purposes in the amount of $100,000.00 of the assessed value of that homestead, if that21 |
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| 37 | 37 | | person's annual income, together with the annual income of the spouse of such person who22 |
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| 38 | 38 | | resides within such homestead, does not exceed $50,000.00 for the immediately preceding23 |
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| 39 | 39 | | taxable year. Annual income shall include retirement benefits, disability, pension, and24 |
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| 40 | 40 | | Social Security benefits. The value of that property in excess of such exempted amount25 |
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| 41 | 41 | | shall remain subject to taxation. Any exemption granted under this Act shall cease on26 |
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| 42 | 42 | | December 31 of the taxable year in which the person claiming such exemption dies, sells,27 |
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| 43 | 43 | | or otherwise transfers the homestead."28 |
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| 44 | 44 | | SECTION 2.29 |
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| 45 | 45 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State30 |
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| 46 | 46 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority31 |
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| 47 | 47 | | vote in both the Senate and the House of Representatives.32 |
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| 48 | 48 | | SECTION 3.33 |
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| 49 | 49 | | The election superintendent of Troup County shall call and conduct an election as provided34 |
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| 50 | 50 | | in this section for the purpose of submitting this Act to the electors of the Troup County35 |
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| 51 | 51 | | school district for approval or rejection. The election superintendent shall conduct that36 |
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| 52 | 52 | | election on Tuesday after the first Monday in November, 2025, and shall issue the call and37 |
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| 53 | 53 | | conduct that election as provided by general law. The election superintendent shall cause the38 |
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| 54 | 54 | | date and purpose of the election to be published once a week for two weeks immediately39 |
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| 55 | 55 | | H. B. 103 |
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| 57 | 57 | | preceding the date thereof in the official organ of Troup County. The ballot shall have |
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| 58 | 58 | | 40 |
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| 59 | 59 | | written or printed thereon the words:41 |
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| 60 | 60 | | "( ) YES42 |
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| 61 | 61 | | 43 |
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| 62 | 62 | | ( ) NO44 |
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| 63 | 63 | | 45 |
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| 64 | 64 | | 46 |
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| 65 | 65 | | Shall the Act which provides for a homestead exemption from Troup |
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| 66 | 66 | | County school district ad valorem taxes for educational purposes for |
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| 67 | 67 | | residents who are 65 years of age or over be amended so as to increase the |
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| 68 | 68 | | exemption amount from $40,000.00 to $100,000.00 and the income cap |
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| 69 | 69 | | from $40,000.00 to $50,000.00?" |
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| 70 | 70 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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| 71 | 71 | | 47 |
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| 72 | 72 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on48 |
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| 73 | 73 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and49 |
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| 74 | 74 | | effect on January 1, 2026. If the Act is not so approved or if the election is not conducted50 |
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| 75 | 75 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall51 |
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| 76 | 76 | | be automatically repealed on the 365th day following the election date provided for in this52 |
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| 77 | 77 | | section. The expense of such election shall be borne by Troup County. It shall be the53 |
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| 78 | 78 | | election superintendent's duty to certify the result thereof to the Secretary of State. The54 |
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| 79 | 79 | | provisions of this section shall be mandatory upon the election superintendent and are not55 |
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| 80 | 80 | | intended as directory. If the election superintendent fails or refuses to comply with this56 |
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| 81 | 81 | | section, any elector of the Troup County school district may apply for a writ of mandamus57 |
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| 82 | 82 | | to compel the election superintendent to perform his or her duties under this section. If the58 |
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| 83 | 83 | | court finds that the election superintendent has not complied with this section, the court shall59 |
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| 84 | 84 | | fashion appropriate relief requiring the election superintendent to call and conduct such60 |
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| 85 | 85 | | election on the date required by this section or on the next date authorized for special61 |
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| 86 | 86 | | elections provided for in Code Section 21-2-540 of the O.C.G.A.62 |
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| 87 | 87 | | SECTION 4.63 |
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| 88 | 88 | | H. B. 103 |
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