3 | 3 | | By: Representatives Richardson of the 125 |
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4 | 4 | | th |
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5 | 5 | | , Newton of the 127 |
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6 | 6 | | th |
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7 | 7 | | , Clifton of the 131 |
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8 | 8 | | st |
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9 | 9 | | , and |
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10 | 10 | | Leverett of the 123 |
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11 | 11 | | rd |
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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 provide a homestead exemption from Columbia County school district ad valorem taxes |
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16 | 16 | | 1 |
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17 | 17 | | for educational purposes in the amount of $8,000.00 of the assessed value of the homestead2 |
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18 | 18 | | for residents of that school district; to provide for definitions; to specify the terms and3 |
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19 | 19 | | conditions of the exemption and the procedures relating thereto; to provide for applicability;4 |
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20 | 20 | | to provide for compliance with constitutional requirements; to provide for a referendum,5 |
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21 | 21 | | effective dates, automatic repeal, mandatory execution of election, and judicial remedies6 |
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22 | 22 | | regarding failure to comply; to provide for related matters; to repeal conflicting laws; and for7 |
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23 | 23 | | other purposes.8 |
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24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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25 | 25 | | SECTION 1.10 |
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26 | 26 | | (a) As used in this Act, the term:11 |
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27 | 27 | | (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for12 |
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28 | 28 | | educational purposes levied by, for, or on behalf of the Columbia County school district,13 |
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29 | 29 | | including, but not limited to, any ad valorem taxes to pay interest on and to retire county14 |
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30 | 30 | | school district bonded indebtedness.15 |
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31 | 31 | | H. B. 783 |
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33 | 33 | | (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of |
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34 | 34 | | 16 |
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35 | 35 | | the O.C.G.A., as amended, with the additional qualification that it shall include not more17 |
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36 | 36 | | than five contiguous acres of homestead property.18 |
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37 | 37 | | (b) Each resident of the Columbia County school district is granted an exemption on such19 |
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38 | 38 | | person's homestead from Columbia County school district ad valorem taxes for educational20 |
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39 | 39 | | purposes in the amount of $8,000.00 of the assessed value of that homestead. The value of21 |
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40 | 40 | | such property in excess of such exempted amount shall remain subject to taxation.22 |
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41 | 41 | | (c) A person shall not receive the homestead exemption granted by subsection (b) of this23 |
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42 | 42 | | section unless such person or person's agent files an application with the tax commissioner24 |
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43 | 43 | | of Columbia County, giving such information relative to receiving such exemption as will25 |
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44 | 44 | | enable the tax commissioner of Columbia County to make a determination regarding the26 |
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45 | 45 | | initial and continuing eligibility of such person for such exemption. The tax commissioner27 |
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46 | 46 | | of Columbia County shall provide application forms for this purpose.28 |
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47 | 47 | | (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of29 |
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48 | 48 | | the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year30 |
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49 | 49 | | so long as the person granted the homestead exemption under subsection (b) of this section31 |
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50 | 50 | | occupies such residence as a homestead. After a person has filed the proper application as32 |
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51 | 51 | | provided in subsection (c) of this section, it shall not be necessary to make application33 |
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52 | 52 | | thereafter for any year, and the exemption shall continue to be allowed to such person. It34 |
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53 | 53 | | shall be the duty of any person granted the homestead exemption under subsection (b) of this35 |
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54 | 54 | | section to notify the tax commissioner of Columbia County in the event that such person for36 |
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55 | 55 | | any reason becomes ineligible for such exemption.37 |
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56 | 56 | | (e) The exemption granted by subsection (b) of this section shall not apply to or affect any38 |
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57 | 57 | | state ad valorem taxes, county ad valorem taxes for county purposes, independent school39 |
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58 | 58 | | district ad valorem taxes for educational purposes, or municipal ad valorem taxes for40 |
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59 | 59 | | municipal purposes. The homestead exemption granted by subsection (b) of this section shall41 |
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60 | 60 | | be in addition to and not in lieu of any other homestead exemption applicable to Columbia42 |
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61 | 61 | | H. B. 783 |
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63 | 63 | | County school district ad valorem taxes for educational purposes; provided, however, that |
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64 | 64 | | 43 |
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65 | 65 | | the exemption granted by subsection (b) of this section shall be reduced by the amount of the44 |
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66 | 66 | | assessed value of the homestead that is exempt pursuant to Code Section 48-5-44 of the45 |
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67 | 67 | | O.C.G.A.46 |
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68 | 68 | | (f) The exemption granted by subsection (b) of this section shall apply to all taxable years47 |
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69 | 69 | | beginning on or after January 1, 2026.48 |
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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 election superintendent of Columbia County shall call and conduct an election as54 |
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76 | 76 | | provided in this section for the purpose of submitting this Act to the electors of the Columbia55 |
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77 | 77 | | County school district for approval or rejection. The election superintendent shall conduct56 |
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78 | 78 | | that election on the Tuesday following the first Monday in November, 2025, and shall issue57 |
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79 | 79 | | the call and conduct that election as provided by general law. The election superintendent58 |
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80 | 80 | | shall cause the date and purpose of the election to be published once a week for two weeks59 |
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81 | 81 | | immediately preceding the date thereof in the official organ of Columbia County. The ballot60 |
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82 | 82 | | 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 | | Shall the Act be approved which provides a homestead exemption from |
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88 | 88 | | Columbia County school district ad valorem taxes for educational purposes |
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89 | 89 | | in the amount of $8,000.00 of the assessed value of the homestead for |
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90 | 90 | | residents of that school district?" |
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91 | 91 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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92 | 92 | | 66 |
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93 | 93 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on67 |
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94 | 94 | | H. B. 783 |
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96 | 96 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and |
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97 | 97 | | 68 |
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98 | 98 | | effect on January 1, 2026. If the Act is not so approved or if the election is not conducted69 |
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99 | 99 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall70 |
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100 | 100 | | be automatically repealed on the 365th calendar day following the election date provided for71 |
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101 | 101 | | in this section. The expense of such election shall be borne by Columbia County. It shall72 |
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102 | 102 | | be the election superintendent's duty to certify the result thereof to the Secretary of State. 73 |
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103 | 103 | | The provisions of this section shall be mandatory upon the election superintendent and are74 |
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104 | 104 | | not intended as directory. If the election superintendent fails or refuses to comply with this75 |
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105 | 105 | | section, any elector of the Columbia County school district may apply for a writ of76 |
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106 | 106 | | mandamus to compel the election superintendent to perform his or her duties under this77 |
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107 | 107 | | section. If the court finds that the election superintendent has not complied with this section,78 |
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108 | 108 | | the court shall fashion appropriate relief requiring the election superintendent to call and79 |
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109 | 109 | | conduct such election on the date required by this section or on the next date authorized for80 |
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110 | 110 | | special elections provided for in Code Section 21-2-540 of the O.C.G.A.81 |
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111 | 111 | | SECTION 4.82 |
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112 | 112 | | Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon83 |
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113 | 113 | | its approval by the Governor or upon its becoming law without such approval.84 |
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114 | 114 | | SECTION 5.85 |
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115 | 115 | | All laws and parts of laws in conflict with this Act are repealed. 86 |
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116 | 116 | | H. B. 783 |
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117 | 117 | | - 4 - |
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