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| Georgia General Assembly |
HB919.html
01 LC 9 0594
House Bill
919
By: Representative Joyce of the 1st
A BILL TO BE
ENTITLED
AN ACT
To provide for a homestead exemption from certain Dade
County School District ad valorem taxes for educational purposes in an amount
equal to the amount by which the current year assessed value of a homestead
exceeds the base year assessed value of such homestead; 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 educational purposes"
means all ad valorem taxes for educational purposes levied by, for, or on behalf
of the Dade County School District, including but not limited to taxes to pay
interest on and to retire school bond indebtedness.
(2)
"Base year" means the taxable year immediately preceding the taxable year in
which the exemption under this Act is first granted to the most recent owner of
such homestead.
(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 three contiguous acres of land immediately surrounding such
residence.
(b) Each resident of the Dade County School
District is granted an exemption on that
person´s
homestead from all Dade County School District taxes for educational purposes in
an amount equal to the amount by which the current year assessed value of that
homestead exceeds the base year assessed value of the homestead. 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 base year assessed value 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 Dade 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 Dade
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 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 ad valorem taxes for county 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 school district ad valorem taxes for educational
purposes.
(g) The exemption granted by subsection (b)
of this section shall apply to all taxable years beginning on or after January
1, 2003.
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965,
as amended, the election superintendent of Dade County shall call and conduct an
election as provided in this section for the purpose of submitting this Act to
the electors of the Dade County School District for approval or rejection. The
election superintendent shall conduct that election on the date of the November,
2002, state-wide general election 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 Dade 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 Dade County School District taxes for educational
purposes in an amount equal to the amount by which the assessed value of a
homestead for the current year exceeds the base year assessed value of such
homestead?"
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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, 2003. 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 Dade 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.