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| Georgia General Assembly |
HB469.html
01 LC 22 4210
House Bill
469
By: Representatives Knox of the 28th and
Reese of the 85th
A BILL TO BE
ENTITLED
AN ACT
To provide for a homestead exemption from certain Forsyth
County ad valorem taxes for county 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; to provide for definitions; to
specify the terms and conditions of the exemption and the procedures relating
thereto; to provide for applicability; 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.
(a) As used in this Act, the
term:
(1) "Ad valorem taxes for county purposes" means
all ad valorem taxes for county purposes levied by, for, or on behalf of Forsyth
County, including, but not limited to, any ad valorem taxes for special district
purposes, but not including taxes to pay interest on and to retire county bonded
indebtedness.
(2) "Base year" means the taxable year
immediately preceding the taxable year in which the exemption under this Act is
granted.
(3) "Homestead" means homestead as defined
and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional
qualification that it shall include only the primary residence and not more than
five contiguous acres of land immediately surrounding such
residence.
(b) Each resident of Forsyth County is
granted an exemption on that person´s homestead from all Forsyth County ad
valorem taxes for county 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
this exemption is first granted to such resident. This exemption shall not
apply to taxes assessed on improvements to the homestead or additional land that
is added to the homestead after January 1 of the base year. If any real
property is removed from the homestead, the assessment in the base year shall be
adjusted to reflect such removal and the exemption shall be recalculated
accordingly. The value of that property in excess of such exempted amount shall
remain subject to taxation.
(c) A person shall not
receive the homestead exemption granted by subsection (b) of this section unless
the person or person´s agent files an application with the tax commissioner
of Forsyth County giving such information relative to receiving such exemption
as will enable the tax commissioner to make a determination as to whether such
owner is entitled to such exemption.
(d) The tax
commissioner of Forsyth County shall provide application forms for the exemption
granted by subsection (b) of this section which shall require such information
as may be necessary to determine the initial and continuing eligibility of the
owner for the exemption.
(e) 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 owner
occupies the residence as a homestead. After a person has filed the proper
application as provided in subsection (c) of this section, 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 subsection (b) of this
section to notify the tax commissioner of the county or the designee thereof in
the event that person for any reason becomes ineligible for that
exemption.
(f) The exemption granted by this Act shall
not apply to or affect state ad valorem taxes, county school district ad valorem
taxes for educational purposes, or municipal ad valorem taxes for municipal
purposes. The homestead exemption granted by subsection (b) of this section
shall be in addition to and not in lieu of any other homestead exemption
applicable to county ad valorem taxes for county
purposes.
(g) The exemption granted by subsection (b)
of this section shall apply to all taxable years beginning on or after January
1, 2002.
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965,
as amended, the election superintendent of Forsyth County shall call and conduct
an election as provided in this section for the purpose of submitting this Act
to the electors of Forsyth County for approval or rejection. The election
superintendent shall conduct that election on the Tuesday after the first Monday
in November, 2001, 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 Forsyth 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 Forsyth County ad valorem taxes for county 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 of
Forsyth County?"
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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, Section 1 of this Act shall become of full force and
effect on January 1, 2002 If the Act is not so approved or if the election is
not conducted as provided in this section, Section 1 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 Forsyth County. It shall be the election
superintendent´s duty to certify the result thereof to the Secretary of
State.
SECTION 3.
Except as otherwise provided in Section 2 of this Act, this
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.