| HB 1749 - Powder Springs, City of; homestead exemption |
First Reader Summary
A BILL to provide for a homestead exemption from certain City of
Powder Springs ad valorem taxes for municipal purposes in an
amount equal to the amount of the assessed value of that
homestead that exceeds the assessed value of that homestead for
the taxable year immediately preceding the taxable year in which
that exemption is first granted to a resident; and for other
purposes.
| House |
Action |
Senate |
| 3/14/00 |
Read 1st Time |
|
| 3/15/00 |
Read 2nd Time |
|
HB 1749 LC 25 1736
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide for a homestead exemption from certain City of
1- 2 Powder Springs ad valorem taxes for municipal purposes in an
1- 3 amount equal to the amount of the assessed value of that
1- 4 homestead that exceeds the assessed value of that homestead
1- 5 for the taxable year immediately preceding the taxable year
1- 6 in which that exemption is first granted to a resident; to
1- 7 provide that such exemption shall be extended to the
1- 8 unremarried surviving spouse at the time of the person's
1- 9 death so long as such unremarried surviving spouse continues
1-10 to occupy the home as a residence and homestead; to provide
1-11 for definitions; to specify the terms and conditions of the
1-12 exemption and the procedures relating thereto; to provide
1-13 for applicability; to provide for a referendum, effective
1-14 dates, and automatic repeal; to repeal conflicting laws; and
1-15 for other purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-17 SECTION 1.
1-18 (a) As used in this Act, the term:
1-19 (1) "Ad valorem taxes for municipal purposes" means all
1-20 ad valorem taxes for municipal purposes levied by, for,
1-21 or on behalf of the City of Powder Springs, including,
1-22 but not limited to, any ad valorem taxes for special
1-23 district purposes, but not including taxes levied in
1-24 fire prevention districts for fire prevention purposes
1-25 and taxes to pay interest on and to retire municipal
1-26 bonded indebtedness.
1-27 (2) "Base year" means the taxable year immediately
1-28 preceding the taxable year in which the exemption under
1-29 this Act is granted.
1-30 (3) "Homestead" means homestead as defined and qualified
1-31 in Code Section 48-5-40 of the O.C.G.A., with the
1-32 additional qualification that it shall include only the
1-33 primary residence.
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2- 1 (b) Each resident of the City of Powder Springs is granted
2- 2 an exemption on that person's homestead from all City of
2- 3 Powder Springs ad valorem taxes for municipal purposes in an
2- 4 amount equal to the amount of the assessed value of that
2- 5 homestead that exceeds the assessed value of that homestead
2- 6 for the taxable year immediately preceding the taxable year
2- 7 in which this exemption is first granted to such resident.
2- 8 Such exemption shall be extended to the unremarried
2- 9 surviving spouse at the time of the person's death so long
2-10 as such unremarried surviving spouse continues to occupy the
2-11 home as a residence and homestead. If any real property is
2-12 removed from the homestead, the assessment in the base year
2-13 shall be adjusted to reflect such removal and the exemption
2-14 shall be recalculated accordingly. The value of that
2-15 property in excess of such exempted amount shall remain
2-16 subject to taxation.
2-17 (c) A person shall not receive the homestead exemption
2-18 granted by subsection (b) of this section unless the person
2-19 or person's agent or the person's unremarried surviving
2-20 spouse files an application with the governing authority of
2-21 the City of Powder Springs, or the designee thereof, giving
2-22 such information relative to receiving such exemption as
2-23 will enable the governing authority, or the designee
2-24 thereof, to make a determination as to whether such owner is
2-25 entitled to such exemption.
2-26 (d) The governing authority of the City of Powder Springs,
2-27 or the designee thereof, shall provide application forms for
2-28 the exemption granted by subsection (b) of this section
2-29 which shall require such information as may be necessary to
2-30 determine the initial and continuing eligibility of the
2-31 owner for the exemption.
2-32 (e) The exemption shall be claimed and returned as provided
2-33 in Code Section 48-5-50.1 of the O.C.G.A. The exemption
2-34 shall be automatically renewed from year to year as long as
2-35 the owner occupies the residence as a homestead. After a
2-36 person has filed the proper application as provided in
2-37 subsection (c) of this section, it shall not be necessary to
2-38 make application and file such affidavit thereafter for any
2-39 year and the exemption shall continue to be allowed to such
2-40 person. It shall be the duty of any person or the person's
2-41 unremarried surviving spouse granted the homestead exemption
2-42 under subsection (b) of this section to notify the governing
2-43 authority of the City of Powder Springs, or the designee
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3- 1 thereof, in the event that person for any reason becomes
3- 2 ineligible for that exemption.
3- 3 (f) The exemption granted by this Act shall not apply to or
3- 4 affect state ad valorem taxes, county ad valorem taxes for
3- 5 county purposes, county or independent school district ad
3- 6 valorem taxes for educational purposes. The homestead
3- 7 exemption granted by subsection (b) of this section shall be
3- 8 in addition to and not in lieu of any other homestead
3- 9 exemption applicable to municipal ad valorem taxes for
3-10 county purposes.
3-11 (g) The exemption granted by subsection (b) of this section
3-12 shall apply to all taxable years beginning on or after
3-13 January 1, 2001.
3-14 SECTION 2.
3-15 Unless prohibited by the federal Voting Rights Act of 1965,
3-16 as amended, the municipal election superintendent of the
3-17 City of Powder Springs shall call and conduct an election as
3-18 provided in this section for the purpose of submitting this
3-19 Act to the electors of the City of Powder Springs for
3-20 approval or rejection. The municipal election
3-21 superintendent shall conduct that election on the date of
3-22 the November, 2000, state-wide general election and shall
3-23 issue the call and conduct that election as provided by
3-24 general law. The municipal election superintendent shall
3-25 cause the date and purpose of the election to be published
3-26 once a week for two weeks immediately preceding the date
3-27 thereof in the official organ of Cobb County. The ballot
3-28 shall have written or printed thereon the words:
3-29 "( ) YES Shall the Act be approved which provides a
3-30 homestead exemption from certain City of
3-31 ( ) NO Powder Springs ad valorem taxes for municipal
3-32 purposes in an amount equal to the amount by
3-33 which the current year assessed value of that
3-34 homestead exceeds the base year assessed value
3-35 of that homestead in order to assure that ad
3-36 valorem taxes on such property for municipal
3-37 purposes will not be increased as a result of
3-38 the reassessment of such property?"
3-39 All persons desiring to vote for approval of the Act shall
3-40 vote "Yes," and those persons desiring to vote for rejection
3-41 of the Act shall vote "No." If more than one-half of the
3-42 votes cast on such question are for approval of the Act,
3-43 Sections 1 and 2 of this Act shall become of full force and
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4- 1 effect on January 1, 2001. If the Act is not so approved or
4- 2 if the election is not conducted as provided in this
4- 3 section, Section 1 of this Act shall not become effective
4- 4 and this Act shall be automatically repealed on the first
4- 5 day of January immediately following that election date.
4- 6 The expense of such election shall be borne by the City of
4- 7 Powder Springs. It shall be the municipal election
4- 8 superintendent's duty to certify the result thereof to the
4- 9 Secretary of State.
4-10 SECTION 3.
4-11 Except as otherwise provided in Section 2 of this Act, this
4-12 Act shall become effective upon its approval by the Governor
4-13 or upon its becoming law without such approval.
4-14 SECTION 4.
4-15 All laws and parts of laws in conflict with this Act are
4-16 repealed.
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/14/00
