3 | 3 | | By: Representatives Carpenter of the 4 |
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4 | 4 | | th |
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5 | 5 | | , Ridley of the 6 |
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6 | 6 | | th |
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7 | 7 | | , and Tarvin of the 2 |
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8 | 8 | | nd |
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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 for a homestead exemption from City of Dalton independent |
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13 | 13 | | 1 |
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14 | 14 | | school district ad valorem taxes for educational purposes in the amount of $150,000.00 of2 |
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15 | 15 | | the assessed value of the homestead for residents of that school district who are 70 years of3 |
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16 | 16 | | age or over, approved May 17, 2004 (Ga. L. 2004, p. 3763), as amended, so as to increase4 |
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17 | 17 | | such exemption; to provide for compliance with constitutional requirements; to provide for5 |
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18 | 18 | | a referendum, effective dates, and automatic repeal; to provide for mandatory execution of6 |
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19 | 19 | | election and judicial remedies regarding failure to comply; to provide for related matters; to7 |
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20 | 20 | | repeal conflicting laws; and for other purposes.8 |
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21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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22 | 22 | | SECTION 1.10 |
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23 | 23 | | An Act to provide for a homestead exemption from City of Dalton independent school11 |
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24 | 24 | | district ad valorem taxes for educational purposes in the amount of $150,000.00 of the12 |
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25 | 25 | | assessed value of the homestead for residents of that school district who are 70 years of age13 |
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26 | 26 | | or over, approved May 17, 2004 (Ga. L. 2004, p. 3763), as amended, is amended by revising14 |
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27 | 27 | | subsection (b) of Section 1 as follows:15 |
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28 | 28 | | H. B. 835 |
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30 | 30 | | "(b) Each resident of the City of Dalton independent school district who is 70 years of age |
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31 | 31 | | 16 |
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32 | 32 | | or older is granted an exemption on that person's homestead from City of Dalton17 |
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33 | 33 | | independent school district ad valorem taxes for educational purposes in the amount18 |
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34 | 34 | | of $325,000.00 of the assessed value of that homestead. The value of that property in19 |
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35 | 35 | | excess of such exempted amount shall remain subject to taxation."20 |
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36 | 36 | | SECTION 2.21 |
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37 | 37 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State22 |
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38 | 38 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority23 |
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39 | 39 | | vote in both the Senate and the House of Representatives.24 |
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40 | 40 | | SECTION 3.25 |
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41 | 41 | | The election superintendent of the City of Dalton shall call and conduct an election as26 |
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42 | 42 | | provided in this section for the purpose of submitting this Act to the electors of the City of27 |
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43 | 43 | | Dalton independent school district for approval or rejection. The election superintendent28 |
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44 | 44 | | shall conduct that election on the Tuesday following the first Monday in November, 2025,29 |
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45 | 45 | | and shall issue the call and conduct such election as provided by general law. The election30 |
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46 | 46 | | superintendent shall cause the date and purpose of the election to be published once a week31 |
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47 | 47 | | for two weeks immediately preceding the date thereof in the official organ of Whitfield32 |
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48 | 48 | | County. The ballot shall have written or printed thereon the words:33 |
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49 | 49 | | "( ) YES34 |
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50 | 50 | | 35 |
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51 | 51 | | ( ) NO36 |
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52 | 52 | | 37 |
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53 | 53 | | Shall the Act be approved which increases the homestead exemption from |
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54 | 54 | | City of Dalton independent school district ad valorem taxes for educational |
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55 | 55 | | purposes for residents of that school district who are 70 years of age or older |
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56 | 56 | | to $325,000.00 of the assessed value of the homestead?" |
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57 | 57 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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58 | 58 | | 38 |
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59 | 59 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on39 |
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60 | 60 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and40 |
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61 | 61 | | H. B. 835 |
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63 | 63 | | effect on January 1, 2026. If the Act is not so approved or if the election is not conducted |
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64 | 64 | | 41 |
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65 | 65 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall42 |
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66 | 66 | | be automatically repealed on the 365th calendar day following the election date provided for43 |
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67 | 67 | | in this section. The expense of such election shall be borne by the City of Dalton. It shall44 |
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68 | 68 | | be the election superintendent's duty to certify the result thereof to the Secretary of State. 45 |
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69 | 69 | | The provisions of this section shall be mandatory upon the election superintendent and are46 |
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70 | 70 | | not intended as directory. If the election superintendent fails or refuses to comply with this47 |
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71 | 71 | | section, any elector of the City of Dalton independent school district may apply for a writ of48 |
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72 | 72 | | mandamus to compel the election superintendent to perform his or her duties under this49 |
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73 | 73 | | section. If the court finds that the election superintendent has not complied with this section,50 |
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74 | 74 | | the court shall fashion appropriate relief requiring the election superintendent to call and51 |
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75 | 75 | | conduct such election on the date required by this section or on the next date authorized for52 |
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76 | 76 | | special elections provided for in Code Section 21-2-540 of the O.C.G.A.53 |
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77 | 77 | | SECTION 4.54 |
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78 | 78 | | Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon55 |
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79 | 79 | | its approval by the Governor or upon its becoming law without such approval.56 |
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80 | 80 | | SECTION 5.57 |
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81 | 81 | | All laws and parts of laws in conflict with this Act are repealed.58 |
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82 | 82 | | H. B. 835 |
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83 | 83 | | - 3 - |
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