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HB669.html
03 LC 25 3003/AP
House Bill 669 (AS PASSED HOUSE
AND SENATE) By: Representative Greene of the
134th
A BILL TO BE
ENTITLED AN ACT
To provide a homestead exemption from Clay 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 Clay 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 Clay County school district who is a senior citizen is granted
an exemption on that
person´s
homestead from all Clay 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 Clay 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 Clay 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 Clay 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 Clay County shall call and conduct an
election as provided in this section for the purpose of submitting this Act to
the electors of the Clay 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 Clay 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 Clay 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 Clay 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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