HB989.html

To provide a homestead exemption from Coweta County School District ad valorem taxes for educational purposes in the amount of $40,000.00 for residents of that school district who are 65 years of age but less than 71 years of age, $60,000.00 for residents of that school district who are 71 years of age but less than 75 years of age, and $80,000.00 for residents of that school district who are 75 years of age or older; 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.

For purposes of 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 Coweta County School District, including, but not limited to, taxes to retire existing or future school bond indebtedness.
(2) "Assessed value of that person´s homestead" means the value at which a person´s homestead is assessed pursuant to Code Section 48-5-7 of the O.C.G.A.
(3) "Fair market value of property" means fair market value of property as defined and qualified in Code Section 48-5-2 of the O.C.G.A.
(4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

(a) Each resident of the Coweta County School District who is at least 65 years of age but less than 71 years of age on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person´s homestead from all Coweta County School District ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that person´s homestead.
(b) Each resident of the Coweta County School District who is 71 years of age but less than 75 years of age on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person´s homestead from all Coweta County School District ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of that person´s homestead.
(c) Each resident of the Coweta County School District who is 75 years of age or older on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person´s homestead from all Coweta County School District ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of that person´s homestead.
(d) A person shall not receive the homestead exemption granted by this Act unless the person or person´s agent files an affidavit with the tax commissioner of Coweta 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.
(e) The value of the homestead in excess of the exempted amount shall remain subject to taxation.

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 (d) 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 Coweta County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coweta County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Coweta County School District for approval or rejection. The election superintendent shall conduct that election on the earliest practicable date allowed by Code Section 21-2-540 of the O.C.G.A. and other applicable law, 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 Coweta County. The ballot shall have written or printed thereon the words:

"( ) YES

( ) NO

Shall the Act be approved which provides a homestead exemption from Coweta County School District ad valorem taxes for educational purposes in the amount of $40,000.00 for residents of that school district who are 65 years of age but less than 71 years of age, $60,000.00 for residents of that school district who are 71 years of age but less than 75 years of age, and $80,000.00 for residents of that school district who are 75 years of age or older?"

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 on January 1, 2003, 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 Coweta County. It shall be the superintendent´s duty to certify the result thereof to the Secretary of State.