3 | 3 | | By: Representatives Barton of the 5 |
---|
4 | 4 | | th |
---|
5 | 5 | | and Ridley of the 6 |
---|
6 | 6 | | th |
---|
7 | 7 | | |
---|
8 | 8 | | A BILL TO BE ENTITLED |
---|
9 | 9 | | AN ACT |
---|
10 | 10 | | To amend an Act to provide homestead exemptions from City of Calhoun independent |
---|
11 | 11 | | 1 |
---|
12 | 12 | | school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the2 |
---|
13 | 13 | | assessed value of the homestead for residents of that school district who are at least 65 but3 |
---|
14 | 14 | | less than 70 years of age and in the amount of $100,000.00 of the assessed value of the4 |
---|
15 | 15 | | homestead for residents of that school district who are 70 years of age or older, approved5 |
---|
16 | 16 | | May 5, 2006 (Ga. L. 2006, p. 4537), so as to increase said homestead exemption for residents6 |
---|
17 | 17 | | who are between 65 and 69 years of age to $50,000.00; to increase said homestead7 |
---|
18 | 18 | | exemption for residents who are between 70 and 74 years of age to $115,000.00; to provide8 |
---|
19 | 19 | | a new exemption for residents who are 75 years of age or older in the amount of9 |
---|
20 | 20 | | $125,000.00; to provide for compliance with constitutional requirements; to provide for a10 |
---|
21 | 21 | | referendum, effective dates, and automatic repeal; to provide for mandatory execution of11 |
---|
22 | 22 | | election and judicial remedies regarding failure to comply; to provide for related matters; to12 |
---|
23 | 23 | | repeal conflicting laws; and for other purposes.13 |
---|
24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
---|
25 | 25 | | H. B. 861 |
---|
27 | 27 | | SECTION 1. |
---|
28 | 28 | | 15 |
---|
29 | 29 | | An Act to provide homestead exemptions from City of Calhoun independent school district16 |
---|
30 | 30 | | ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value17 |
---|
31 | 31 | | of the homestead for residents of that school district who are at least 65 but less than 70 years18 |
---|
32 | 32 | | of age and in the amount of $100,000.00 of the assessed value of the homestead for residents19 |
---|
33 | 33 | | of that school district who are 70 years of age or older, approved May 5, 2006 (Ga. L. 2006,20 |
---|
34 | 34 | | p. 4537), is amended by revising subsection (b) of Section 1 as follows:21 |
---|
35 | 35 | | "(b)(1) Each resident of the City of Calhoun independent school district who is at least22 |
---|
36 | 36 | | 65 but less than 70 years of age on or before January 1 of the year in which application23 |
---|
37 | 37 | | for the exemption under this paragraph is made is granted an exemption on that person's24 |
---|
38 | 38 | | homestead from all City of Calhoun independent school district ad valorem taxes for25 |
---|
39 | 39 | | educational purposes in the amount of $50,000.00 of the assessed value of that26 |
---|
40 | 40 | | homestead. The value of that property in excess of such exempted amount shall remain27 |
---|
41 | 41 | | subject to taxation.28 |
---|
42 | 42 | | (2) Each resident of the City of Calhoun independent school district who is at least 7029 |
---|
43 | 43 | | but less than 75 years of age on or before January 1 of the year in which application for30 |
---|
44 | 44 | | the exemption under this paragraph is made is granted an exemption on that person's31 |
---|
45 | 45 | | homestead from all City of Calhoun independent school district ad valorem taxes for32 |
---|
46 | 46 | | educational purposes in the amount of $115,000.00 of the assessed value of that33 |
---|
47 | 47 | | homestead. The value of that property in excess of such exempted amount shall remain34 |
---|
48 | 48 | | subject to taxation.35 |
---|
49 | 49 | | (3) Each resident of the City of Calhoun independent school district who is 75 years of36 |
---|
50 | 50 | | age or older on or before January 1 of the year in which application for the exemption37 |
---|
51 | 51 | | under this paragraph is made is granted an exemption on that person's homestead from38 |
---|
52 | 52 | | all City of Calhoun independent school district ad valorem taxes for educational purposes39 |
---|
53 | 53 | | in the amount of $125,000.00 of the assessed value of that homestead. The value of that40 |
---|
54 | 54 | | property in excess of such exempted amount shall remain subject to taxation."41 |
---|
55 | 55 | | H. B. 861 |
---|
57 | 57 | | SECTION 2. |
---|
58 | 58 | | 42 |
---|
59 | 59 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State43 |
---|
60 | 60 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority44 |
---|
61 | 61 | | vote in both the Senate and the House of Representatives.45 |
---|
62 | 62 | | SECTION 3.46 |
---|
63 | 63 | | The election superintendent of the City of Calhoun shall call and conduct an election as47 |
---|
64 | 64 | | provided in this section for the purpose of submitting this Act to the electors of the City of48 |
---|
65 | 65 | | Calhoun independent school district for approval or rejection. The election superintendent49 |
---|
66 | 66 | | shall conduct that election on the Tuesday following the first Monday in November, 2025,50 |
---|
67 | 67 | | and shall issue the call and conduct such election as provided by general law. The election51 |
---|
68 | 68 | | superintendent shall cause the date and purpose of the election to be published once a week52 |
---|
69 | 69 | | for two weeks immediately preceding the date thereof in the official organ of Gordon53 |
---|
70 | 70 | | County. The ballot shall have written or printed thereon the words:54 |
---|
71 | 71 | | "( ) YES55 |
---|
72 | 72 | | 56 |
---|
73 | 73 | | ( ) NO57 |
---|
74 | 74 | | 58 |
---|
75 | 75 | | 59 |
---|
76 | 76 | | 60 |
---|
77 | 77 | | 61 |
---|
78 | 78 | | 62 |
---|
79 | 79 | | 63 |
---|
80 | 80 | | Shall the Act be approved which increases the homestead exemption from |
---|
81 | 81 | | City of Calhoun independent school district ad valorem taxes for |
---|
82 | 82 | | educational purposes for certain residents of that school district who are: |
---|
83 | 83 | | (1) Between 65 and 69 years of age to $50,000.00 of the assessed value |
---|
84 | 84 | | of such homestead; |
---|
85 | 85 | | (2) Between 70 and 74 years of age to $115,000.00 of the assessed value |
---|
86 | 86 | | of such homestead; and |
---|
87 | 87 | | (3) 75 years of age or older to $125,000.00 of the assessed value of such |
---|
88 | 88 | | homestead?" |
---|
89 | 89 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
---|
90 | 90 | | 64 |
---|
91 | 91 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on65 |
---|
92 | 92 | | such question are for approval of the Act, Section 1 of this Act shall become of full force and66 |
---|
93 | 93 | | effect on January 1, 2026. If the Act is not so approved or if the election is not conducted67 |
---|
94 | 94 | | H. B. 861 |
---|
96 | 96 | | as provided in this section, Section 1 of this Act shall not become effective, and this Act shall |
---|
97 | 97 | | 68 |
---|
98 | 98 | | be automatically repealed on the 365th calendar day following the election date provided for69 |
---|
99 | 99 | | in this section. The expense of such election shall be borne by the City of Calhoun. It shall70 |
---|
100 | 100 | | be the election superintendent's duty to certify the result thereof to the Secretary of State. 71 |
---|
101 | 101 | | The provisions of this section shall be mandatory upon the election superintendent and are72 |
---|
102 | 102 | | not intended as directory. If the election superintendent fails or refuses to comply with this73 |
---|
103 | 103 | | section, any elector of the City of Calhoun independent school district may apply for a writ74 |
---|
104 | 104 | | of mandamus to compel the election superintendent to perform his or her duties under this75 |
---|
105 | 105 | | section. If the court finds that the election superintendent has not complied with this section,76 |
---|
106 | 106 | | the court shall fashion appropriate relief requiring the election superintendent to call and77 |
---|
107 | 107 | | conduct such election on the date required by this section or on the next date authorized for78 |
---|
108 | 108 | | special elections provided for in Code Section 21-2-540 of the O.C.G.A.79 |
---|
109 | 109 | | SECTION 4.80 |
---|
110 | 110 | | Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon81 |
---|
111 | 111 | | its approval by the Governor or upon its becoming law without such approval.82 |
---|
112 | 112 | | SECTION 5.83 |
---|
113 | 113 | | All laws and parts of laws in conflict with this Act are repealed.84 |
---|
114 | 114 | | H. B. 861 |
---|
115 | 115 | | - 4 - |
---|