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 providing a homestead exemption from Whitfield County ad valorem taxes |
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13 | 13 | | 1 |
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14 | 14 | | for county purposes in the amount of $250,000.00 of the appraised value of the homestead2 |
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15 | 15 | | for residents of that county who are 70 years of age or over, approved May 3, 2023 (Ga.3 |
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16 | 16 | | L. 2023, p. 4357), so as to revise the exemption amount; to provide for applicability; to4 |
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17 | 17 | | provide for compliance with constitutional requirements; to provide for a referendum,5 |
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18 | 18 | | effective dates, automatic repeal, mandatory execution of election, and judicial remedies6 |
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19 | 19 | | regarding failure to comply; to repeal conflicting laws; and for other purposes.7 |
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20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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21 | 21 | | SECTION 1.9 |
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22 | 22 | | An Act providing a homestead exemption from Whitfield County ad valorem taxes for10 |
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23 | 23 | | county purposes in the amount of $250,000.00 of the appraised value of the homestead for11 |
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24 | 24 | | residents of that county who are 70 years of age or over, approved May 3, 2023 (Ga. L. 2023,12 |
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25 | 25 | | p. 4357) is amended by revising subsections (b) and (f) of Section 1 as follows:13 |
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26 | 26 | | "(b) Each resident of Whitfield County who is 70 years of age or older on or before14 |
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27 | 27 | | January 1 of the year in which application for the exemption under this Act is made is15 |
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28 | 28 | | granted an exemption on that person's homestead from Whitfield County ad valorem taxes16 |
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29 | 29 | | H. B. 842 |
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31 | 31 | | for county purposes in the amount of $325,000.00 of the appraised value of that |
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32 | 32 | | 17 |
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33 | 33 | | homestead."18 |
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34 | 34 | | "(f) The exemption granted by subsection (b) of this section shall apply to all taxable years19 |
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35 | 35 | | beginning on or after January 1, 2026."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 Whitfield County 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 Whitfield27 |
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43 | 43 | | County for approval or rejection. The election superintendent shall conduct that election on28 |
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44 | 44 | | the Tuesday following the first Monday in November, 2025, and shall issue the call and29 |
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45 | 45 | | conduct that election as provided by general law. The election superintendent shall cause the30 |
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46 | 46 | | date and purpose of the election to be published once a week for two weeks immediately31 |
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47 | 47 | | preceding the date thereof in the official organ of Whitfield County. The ballot shall have32 |
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48 | 48 | | 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 | | 38 |
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54 | 54 | | Shall the Act be approved which revises the homestead exemption from |
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55 | 55 | | Whitfield County ad valorem taxes for county purposes from $250,000.00 |
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56 | 56 | | of the appraised value to $325,000.00 of the appraised value of the |
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57 | 57 | | homestead for residents of that school district who are 70 years of age or |
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58 | 58 | | older?" |
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59 | 59 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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60 | 60 | | 39 |
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61 | 61 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on40 |
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62 | 62 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and41 |
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63 | 63 | | H. B. 842 |
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65 | 65 | | effect on January 1, 2026. If this Act is not so approved or if the election is not conducted |
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66 | 66 | | 42 |
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67 | 67 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall43 |
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68 | 68 | | be automatically repealed on the 365th calendar day immediately following that election44 |
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69 | 69 | | date. The expense of such election shall be borne by the Whitfield County. It shall be the45 |
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70 | 70 | | election superintendent's duty to certify the result thereof to the Secretary of State. The46 |
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71 | 71 | | provisions of this section shall be mandatory upon the election superintendent and are not47 |
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72 | 72 | | intended as directory. If the election superintendent fails or refuses to comply with this48 |
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73 | 73 | | section, any elector of the Whitfield County may apply for a writ of mandamus to compel49 |
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74 | 74 | | the election superintendent to perform his or her duties under this section. If the court finds50 |
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75 | 75 | | that the election superintendent has not complied with this section, the court shall fashion51 |
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76 | 76 | | appropriate relief requiring the election superintendent to call and conduct such election on52 |
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77 | 77 | | the date required by this section or on the next date authorized for special elections provided53 |
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78 | 78 | | for in Code Section 21-2-540 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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84 | 84 | | H. B. 842 |
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85 | 85 | | - 3 - |
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