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| Georgia General Assembly |
HB1789.html
02 LC 21 7003
House Bill
1789
By: Representatives Birdsong of the
123rd, Jenkins of the 110th and Parham of the
122nd
A BILL TO BE
ENTITLED
AN ACT
To provide a homestead exemption from certain Jones County
School District ad valorem taxes for education purposes in the amount of
$15,000.00 of the assessed value of the homestead of certain residents of that
county; to provide for definitions; to specify the terms and conditions of the
exemption and the procedures relating thereto; to provide for a referendum,
effective dates, and automatic repeal; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
For purposes of this Act, the
term:
(1)
"Ad valorem taxes
for education
purposes" means
all ad valorem taxes for education purposes levied by, for, or on behalf of the
Jones County School District, including, but not limited to, taxes to retire
school bond indebtedness.
(2)
"Homestead"
means homestead as defined and qualified in Code Section 48-5-40 of the
O.C.G.A.
(3)
"Senior
citizen" means a
person who is 62 years of age or over on or before January 1 of the year in
which application for the exemption under this Act is made.
SECTION 2.
(a) Each resident of the Jones County School District who
is a senior citizen is granted an exemption on that
person´s
homestead from all Jones County School District ad valorem taxes for education
purposes in the amount of $15,000.00 of the assessed value of that homestead.
The value of that property in excess of such exempted amount shall remain
subject to taxation.
(b) A person shall not receive
the homestead exemption granted by subsection (a) of this section unless the
person or
person´s
agent files an affidavit with the tax commissioner of Jones County giving the
person´s
age and such additional information relative to receiving such exemption as will
enable the tax commissioner to make a determination as to whether such person is
entitled to such exemption. The tax commissioner shall provide affidavit forms
for this purpose and shall require such information as may be necessary to
determine the initial and continuing eligibility of the applicant for the
exemption.
SECTION 3.
The exemption shall be claimed and returned as provided in
Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically
renewed from year to year as long as the applicant occupies the residence as a
homestead. After a person has filed the proper affidavit as provided in
subsection (b) of Section 2 of this Act, it shall not be necessary to make
application and file such affidavit thereafter for any year and the exemption
shall continue to be allowed to such person. It shall be the duty of any person
granted the homestead exemption under this Act to notify the tax commissioner of
Jones County in the event that person for any reason becomes ineligible for that
exemption.
SECTION 4.
(a) The exemption granted by this Act shall not apply to or
affect any state taxes, municipal taxes, or Jones County taxes for county
purposes.
(b) The exemption granted by this Act shall
be in addition to any other homestead exemption from Jones County School
District ad valorem taxes for education purposes.
SECTION 5.
The exemption granted by this Act shall apply to all taxable
years beginning on or after January 1, 2003.
SECTION 6.
Unless prohibited by the federal Voting Rights Act of 1965,
as amended, the election superintendent of Jones County shall call and conduct
an election as provided in this section for the purpose of submitting this Act
to the electors of the Jones County School District for approval or rejection.
The election superintendent shall conduct that election at the time of the
general primary in 2002 and shall issue the call and conduct that election as
provided by general law. The superintendent shall cause the date and purpose of
the election to be published once a week for two weeks immediately preceding the
date thereof in the official organ of Jones County. The ballot shall have
written or printed thereon the words:
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"( ) YES
( ) NO
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Shall the Act be approved which provides a homestead
exemption from certain Jones County School District ad valorem taxes for
education purposes in the amount of $15,000.00 of the assessed value of
homesteads for residents of that school district who are 62 years of age or
older?"
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All persons desiring to vote for approval of the Act shall
vote "Yes," and those persons desiring to vote for rejection of the Act shall
vote "No." If more than one-half of the votes cast on such question are for
approval of the Act, then Sections 1 through 5 of this Act shall become of full
force and effect immediately and shall be applicable to all taxable years
beginning on or after January 1, 2003. If Sections 1 through 5 of this Act are
not so approved or if the election is not conducted as provided in this section,
Sections 1 through 5 of this Act shall not become effective and this Act shall
be automatically repealed on the first day of January immediately following that
election date. The expense of such election shall be borne by Jones County. It
shall be the
superintendent´s
duty to certify the result thereof to the Secretary of
State.
SECTION 7.
Except as otherwise specified in Section 6 of this Act, this
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION 8.
All laws and parts of laws in conflict with this Act are
repealed.