Georgia 2025 2025-2026 Regular Session

Georgia House Bill HB648 Introduced / Bill

Filed 02/27/2025

                    25 LC 47 3162
House Bill 648
By: Representatives Schofield of the 63
rd
, Burnough of the 77
th
, Miller of the 62
nd
, and
Jackson of the 68
th
 
A BILL TO BE ENTITLED
AN ACT
To amend an Act providing a homestead exemption from City of College Park ad valorem
1
taxes for municipal purposes for the full amount of the assessed value of the homestead for2
certain residents of that city who are disabled or who are 65 years of age or older, approved3
May 1, 2023 (Ga. L. 2023, p. 3696), so as to remove the income cap from such exemption;4
to provide for compliance with constitutional requirements; to provide for a referendum,5
effective dates, automatic repeal, mandatory execution of election, and judicial remedies6
regarding failure to comply; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
An Act providing a homestead exemption from City of College Park ad valorem taxes for10
municipal purposes for the full amount of the assessed value of the homestead for certain11
residents of that city who are disabled or who are 65 years of age or older, approved May 1,12
2023 (Ga. L. 2023, p. 3696), is amended in Section 1 by repealing and reserving paragraph13
(4) of subsection (a) and by revising subsection (b) and paragraph (2) of subsection (c) as14
follows:15
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"(b)  Each resident of the City of College Park who is disabled or who is a senior citizen
16
is granted an exemption on that person's homestead from City of College Park ad valorem17
taxes for municipal purposes for the full amount of the assessed value of that homestead."18
"(2)  A person shall not receive the homestead exemption granted by subsection (b) of this19
section unless such person or person's agent files an application with the governing20
authority of the City of College Park, or the designee thereof, giving the person's age and21
such additional information relative to receiving such exemption as will enable the22
governing authority of the City of College Park, or the designee thereof, to make a23
determination regarding the initial and continuing eligibility of such person for such24
exemption.  The governing authority of the City of College Park, or the designee thereof,25
shall provide application forms for this purpose."26
SECTION 2.27
In accordance with the requirements of Article VII, Section II of the Constitution of the State28
of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority29
vote in both the Senate and the House of Representatives.30
SECTION 3.31
The municipal election superintendent of the City of College Park shall call and conduct an32
election as provided in this section for the purpose of submitting this Act to the electors of33
the City of College Park for approval or rejection.  The municipal election superintendent34
shall conduct such election on the Tuesday after the first Monday in November, 2025, and35
shall issue the call and conduct that election as provided by general law.  The municipal36
election superintendent shall cause the date and purpose of the election to be published once37
a week for two weeks immediately preceding the date thereof in the official organs of Fulton38
and Clayton counties.  The ballot shall have written or printed thereon the words:39
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"(  )  YES
40
 41
  (  )  NO42
 43
 44
Shall the Act be approved which removes the income cap from a homestead
exemption from City of College Park ad valorem taxes for municipal
purposes for the full amount of the assessed value of the homestead for
certain residents of that city who are disabled or who are 65 years of age or
older?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring
45
to vote for rejection of the Act shall vote "No."  If more than one-half of the votes cast on46
such question are for approval of the Act, Section 1 of this Act shall become of full force and47
effect on January 1, 2026.  If the Act is not so approved or if the election is not conducted48
as provided in this section, Section 1 of this Act shall not become effective, and this Act shall49
be automatically repealed on the 365th calendar day following the election date provided for50
in this section.  The expense of such election shall be borne by the City of College Park.  It51
shall be the municipal election superintendent's duty to certify the result thereof to the52
Secretary of State.  The provisions of this section shall be mandatory upon the municipal53
election superintendent and are not intended as directory. If the municipal election54
superintendent fails or refuses to comply with this section, any elector of the City of College55
Park may apply for a writ of mandamus to compel the municipal election superintendent to56
perform his or her duties under this section.  If the court finds that the municipal election57
superintendent has not complied with this section, the court shall fashion appropriate relief58
requiring the municipal election superintendent to call and conduct such election on the date59
required by this section or on the next date authorized for special elections as provided for60
in Code Section 21-2-540 of the O.C.G.A.61
SECTION 4.62
Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon63
its approval by the Governor or upon its becoming law without such approval.64
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SECTION 5.
65
All laws and parts of laws in conflict with this Act are repealed.66
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