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HB 1639 - Floyd County; homestead exemption; amend provisions

Childers, E. (Buddy) M (13th)	Smith, Paul E (12th)	Reece, Barbara Massey (11th)

Status Summary	HC:	LLeg	SC:	SLGO	FR:	03/01/00	LA:	04/19/00	Signed by Governor

First Reader Summary

A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over; and for other purposes.

HB 1639                                            LC 18 0053 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act providing for a homestead exemption from 
  1- 2  Floyd County School District ad valorem taxes for 
  1- 3  educational purposes for certain residents of that school 
  1- 4  district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as 
  1- 5  amended, by an Act approved March 24, 1988 (Ga. L. 1988, p. 
  1- 6  4856), an Act approved April 13, 1992 (Ga. L. 1992, p. 
  1- 7  5902), an Act approved April 1, 1996 (Ga. L. 1996, p. 3820), 
  1- 8  and an Act approved March 27, 1998 (Ga. L. 1998, p. 3905), 
  1- 9  so as to revise and change certain homestead exemptions for 
  1-10  persons who are 62 to 74 years of age and for persons who 
  1-11  are 75 years of age or over; to specify the terms, 
  1-12  conditions, and procedures relative to the exemptions; to 
  1-13  provide for a referendum, effective dates, and automatic 
  1-14  repeal under certain circumstances; to repeal conflicting 
  1-15  laws; and for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  An Act providing for a homestead exemption from Floyd County 
  1-19  School District ad valorem taxes for educational purposes 
  1-20  for certain residents of that school district, approved 
  1-21  March 28, 1986 (Ga. L. 1986, p. 5057), as amended, by an Act 
  1-22  approved March 24, 1988 (Ga. L. 1988, p. 4856), an Act 
  1-23  approved April 13, 1992 (Ga. L. 1992, p. 5902), an Act 
  1-24  approved April 1, 1996 (Ga. L. 1996, p. 3820), and an Act 
  1-25  approved March 27, 1998 (Ga. L. 1998, p. 3905), is amended 
  1-26  by striking Sections 2A and 2B and inserting in their 
  1-27  places, new Sections 2A and 2B to read as follows: 
 
 
 
  1-28    (a) Each resident of the Floyd County School District who 
  1-29    is at least 62 years of age but less than 75 years of age 
  1-30    is granted an exemption on that person's homestead from 
  1-31    all Floyd County School District ad valorem taxes for 
  1-32    educational purposes in the greater of the following 
  1-33    amounts: 
 
 
 
                                 -1- 
 
 
 
  2- 1      (1) One-half of the full value of that homestead.  For 
  2- 2      purposes of this paragraph, the term 'homestead' shall 
  2- 3      include only the dwelling in which the applicant resides 
  2- 4      and not more than one acre of the land immediately 
  2- 5      surrounding such dwelling; or 
 
  2- 6      (2) Ten thousand dollars of the assessed value of that 
  2- 7      homestead. 
 
  2- 8    (b) The homestead exemption granted by subsection (a) of 
  2- 9    this section shall only be granted if that person's 
  2-10    income, together with the income of all members of that 
  2-11    person's family residing within such homestead, does not 
  2-12    exceed $25,000.00 for the immediately preceding taxable 
  2-13    year. 
 
  2-14    (c) The value of the homestead in excess of such exempted 
  2-15    amount shall remain subject to taxation. 
 
 
 
  2-16    (a) Each resident of the Floyd County School District who 
  2-17    is 75 years of age or older is granted an exemption on 
  2-18    that person's homestead from all Floyd County School 
  2-19    District ad valorem taxes for educational purposes in the 
  2-20    greater of the following amounts: 
 
  2-21      (1) The full value of that homestead.  For purposes of 
  2-22      this paragraph, the term 'homestead' shall include only 
  2-23      the dwelling in which the applicant resides and not more 
  2-24      than one acre of the land immediately surrounding such 
  2-25      dwelling; or 
 
  2-26      (2) Ten thousand dollars of the assessed value of that 
  2-27      homestead. 
 
  2-28    (b) The homestead exemption granted by subsection (a) of 
  2-29    this section shall only be granted if that person's 
  2-30    income, together with the income of all members of that 
  2-31    person's family residing within such homestead, does not 
  2-32    exceed $30,000.00 for the immediately preceding taxable 
  2-33    year. 
 
  2-34    (c) The value of the homestead in excess of such exempted 
  2-35    amount shall remain subject to taxation." 
 
  2-36                           SECTION 2. 
 
  2-37  The exemption granted by this Act shall apply to all taxable 
  2-38  years beginning on or after January 1, 2001. 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 3. 
 
  3- 2  Unless prohibited by the federal Voting Rights Act of 1965, 
  3- 3  as amended, the election superintendent of Floyd County 
  3- 4  shall call and conduct an election as provided in this 
  3- 5  section for the purpose of submitting this Act to the 
  3- 6  electors of the Floyd County School District for approval or 
  3- 7  rejection.  The election superintendent shall conduct that 
  3- 8  election on the date of the state-wide general election in 
  3- 9  November, 2000, and shall issue the call and conduct that 
  3-10  election as provided by general law.  The superintendent 
  3-11  shall cause the date and purpose of the election to be 
  3-12  published once a week for two weeks immediately preceding 
  3-13  the date thereof in the official organ of Floyd County.  The 
  3-14  ballot shall have written or printed thereon the words: 
 
  3-15    "(  ) YES Shall the Act be approved which changes the 
  3-16              homestead exemptions from all Floyd County 
  3-17     (  ) NO  School District ad valorem taxes for 
  3-18              educational purposes for that school district 
  3-19              for residents of that school district who are 
  3-20              between 62 and 74 years of age or older by 
  3-21              increasing the household income limit from 
  3-22              $20,000.00 to $25,000.00 and for residents of 
  3-23              that school district who are 75 years of age 
  3-24              or older by increasing the household income 
  3-25              limit from $25,000.00 to $30,000.00?" 
 
  3-26  All persons desiring to vote for approval of the Act shall 
  3-27  vote "Yes," and those persons desiring to vote for rejection 
  3-28  of the Act shall vote "No."  If more than one-half of the 
  3-29  votes cast on such question are for approval of the Act, 
  3-30  then Sections 1 and 2 of this Act shall become of full force 
  3-31  and effect on January 1, 2001, and shall be applicable to 
  3-32  all taxable years beginning on or after January 1, 2001.  If 
  3-33  Sections 1 and 2 of this Act are not so approved or if the 
  3-34  election is not conducted as provided in this section, 
  3-35  Sections 1 and 2 of this Act shall not become effective and 
  3-36  this Act shall be automatically repealed on the first day of 
  3-37  January immediately following that election date. 
 
  3-38  The expense of such election shall be borne by Floyd County. 
  3-39  It shall be the superintendent's duty to certify the result 
  3-40  thereof to the Secretary of State. 
 
 
 
 
 
 
                                 -3- 
 
 
 
  4- 1                           SECTION 4. 
 
  4- 2  Except as otherwise specified in Section 3 of this Act, this 
  4- 3  Act shall become effective upon its approval by the Governor 
  4- 4  or upon its becoming law without such approval. 
 
  4- 5                           SECTION 5. 
 
  4- 6  All laws and parts of laws in conflict with this Act are 
  4- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-