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HB399.html
03 LC 25 2919
House Bill 399 By: Representative
Greene of the 134th
A BILL TO BE
ENTITLED AN ACT
To provide a homestead exemption from Randolph County school
district ad valorem taxes for educational purposes for the full value of the
homestead for residents of that school district who are 62 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 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 Randolph County school district, including, but not limited to, ad
valorem taxes to pay interest on and to retire county school district bonded
indebtedness. (2) "Homestead" means homestead as
defined and qualified in Code Section 48_5_40 of the O.C.G.A., as amended, 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. (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. (b) Each
resident of the Randolph County school district who is a senior citizen is
granted an exemption on that person´s homestead from all Randolph County
school district ad valorem taxes for educational purposes in the amount of the
full value of that homestead. (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 Randolph 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 regarding the initial and continuing eligibility of such owner
for such exemption. The tax commissioner shall provide application forms for
this purpose. (d) The exemption shall be claimed and
returned as provided in Code Section 48_5_50.1 of the O.C.G.A., as amended. 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 this Act to notify the tax commissioner of
Randolph County in the event that person for any reason becomes ineligible for
that exemption. (e) The exemption granted by
subsection (b) of this section shall not apply to or affect any state ad valorem
taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes
for municipal purposes, or independent school district ad valorem taxes for
educational purposes. The homestead exemption granted by subsection (b) of this
section shall be in lieu of and not in addition to any other homestead exemption
applicable to Randolph County school district ad valorem taxes for educational
purposes. (f) The exemption granted by this Act shall
apply to all taxable years beginning on or after January 1,
2005.
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965,
as amended, the election superintendent of Randolph County shall call and
conduct an election as provided in this section for the purpose of submitting
this Act to the electors of the Randolph County school district for approval or
rejection. The election superintendent shall conduct that election on the date
of the general primary in 2004 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 Randolph 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 Randolph County school district ad valorem taxes for educational
purposes for the full value of the homestead for residents of that school
district who are 62 years of age or over?"
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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, 2005. 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 Randolph 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.
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