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 ad valorem |
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13 | 13 | | 1 |
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14 | 14 | | taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the2 |
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15 | 15 | | homestead for residents of that city who are 70 years of age or over, approved May 17, 20043 |
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16 | 16 | | (Ga. L. 2004, p. 3766), as amended, so as to increase such exemption; to revise provisions4 |
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17 | 17 | | for the grandfathering of certain residents; to provide for compliance with constitutional5 |
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18 | 18 | | requirements; to provide for a referendum, effective dates, automatic repeal, mandatory6 |
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19 | 19 | | execution of election, and judicial remedies regarding failure to comply; to provide for7 |
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20 | 20 | | related matters; to 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 ad valorem taxes for11 |
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24 | 24 | | municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for12 |
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25 | 25 | | residents of that city who are 70 years of age or over, approved May 17, 2004 (Ga. L. 2004,13 |
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26 | 26 | | p. 3766), as amended, is amended by revising subsection (b) of Section 1 as follows:14 |
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27 | 27 | | "(b) Each resident of the City of Dalton who is a senior citizen is granted an exemption on15 |
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28 | 28 | | that person's homestead from City of Dalton ad valorem taxes for municipal purposes in16 |
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29 | 29 | | H. B. 843 |
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31 | 31 | | the amount of $325,000.00 of the assessed value of that homestead. The value of that |
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32 | 32 | | 17 |
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33 | 33 | | property in excess of such exempted amount shall remain subject to taxation."18 |
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34 | 34 | | SECTION 2.19 |
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35 | 35 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State20 |
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36 | 36 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority21 |
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37 | 37 | | vote in both the Senate and the House of Representatives.22 |
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38 | 38 | | SECTION 3.23 |
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39 | 39 | | The municipal election superintendent of the City of Dalton shall call and conduct an election24 |
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40 | 40 | | as provided in this section for the purpose of submitting this Act to the electors of the City25 |
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41 | 41 | | of Dalton for approval or rejection. The municipal election superintendent shall conduct that26 |
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42 | 42 | | election on any permissible special election date under Code Section 21-2-540 of the27 |
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43 | 43 | | O.C.G.A., but not later than the November, 2026, general election and shall issue the call and28 |
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44 | 44 | | conduct such election as provided by general law. The municipal election superintendent29 |
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45 | 45 | | shall cause the date and purpose of the election to be published once a week for two weeks30 |
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46 | 46 | | immediately preceding the date thereof in the official organ of Whitfield County. The ballot31 |
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47 | 47 | | shall have written or printed thereon the words:32 |
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48 | 48 | | "( ) YES33 |
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49 | 49 | | ( ) NO34 |
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50 | 50 | | 35 |
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51 | 51 | | 36 |
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52 | 52 | | Shall the Act be approved which increases the homestead exemption from |
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53 | 53 | | City of Dalton ad valorem taxes for municipal purposes for citizens age 70 |
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54 | 54 | | years or over to the amount of $325,000.00 of the assessed value of the |
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55 | 55 | | homestead?" |
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56 | 56 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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57 | 57 | | 37 |
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58 | 58 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on38 |
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59 | 59 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and39 |
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60 | 60 | | effect on January 1, 2027. If the Act is not so approved or if the election is not conducted40 |
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61 | 61 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall41 |
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62 | 62 | | H. B. 843 |
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64 | 64 | | be automatically repealed on the 365th calendar day following the election date provided for |
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65 | 65 | | 42 |
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66 | 66 | | in this section. The expense of such election shall be borne by the City of Dalton. It shall43 |
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67 | 67 | | be the municipal election superintendent's duty to certify the result thereof to the Secretary44 |
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68 | 68 | | of State. The provisions of this section shall be mandatory upon the municipal election45 |
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69 | 69 | | superintendent and are not intended as directory. If the municipal election superintendent46 |
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70 | 70 | | fails or refuses to comply with this section, any elector of the City of Dalton may apply for47 |
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71 | 71 | | a writ of mandamus to compel the municipal election superintendent to perform his or her48 |
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72 | 72 | | duties under this section. If the court finds that the municipal election superintendent has not49 |
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73 | 73 | | complied with this section, the court shall fashion appropriate relief requiring the municipal50 |
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74 | 74 | | election superintendent to call and conduct such election on the date required by this section51 |
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75 | 75 | | or on the next date authorized for special elections provided for in Code Section 21-2-54052 |
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76 | 76 | | 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. 843 |
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83 | 83 | | - 3 - |
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