07 LC 35
0413
House
Bill 402
By:
Representatives Beasley-Teague of the
65th
and Horne of the
71st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a homestead exemption from City of Palmetto ad valorem taxes for
municipal purposes in the amount of $25,000.00 of the assessed value of the
homestead for residents of that city who are 65 years of age or over; 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 provide for duties and responsibilities of the election
superintendent of the City of Palmetto; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
(a)
Each resident of the City of Palmetto who is 65 years of age or older is hereby
granted an exemption on that person´s homestead from City of Palmetto ad
valorem taxes, except those to pay interest on and retire bonded indebtedness,
for municipal purposes in the amount of $25,000.00 of the assessed value of that
homestead. The value of that property in excess of such exempted amount shall
remain subject to taxation.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as a qualified person who is 65 years of age or older, the person claiming such exemption shall be required to file an application with the governing authority of the City of Palmetto, or the designee thereof, and shall also file an affidavit with the city clerk of Palmetto giving his or her age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Palmetto, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Palmetto, or the designee thereof, shall provide application and affidavit forms for this purpose.
(c) 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 (b) 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 (a) of this section to notify the governing authority of the City of Palmetto, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(d) The exemption granted by subsection (a) of this section shall apply to all taxable years beginning on or after January 1, 2008.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as a qualified person who is 65 years of age or older, the person claiming such exemption shall be required to file an application with the governing authority of the City of Palmetto, or the designee thereof, and shall also file an affidavit with the city clerk of Palmetto giving his or her age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Palmetto, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Palmetto, or the designee thereof, shall provide application and affidavit forms for this purpose.
(c) 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 (b) 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 (a) of this section to notify the governing authority of the City of Palmetto, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(d) The exemption granted by subsection (a) of this section shall apply to all taxable years beginning on or after January 1, 2008.
SECTION
2.
(a)
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the
election superintendent of the City of Palmetto shall call and conduct an
election as provided in this section for the purpose of submitting this Act to
the electors of the City of Palmetto for approval or rejection. The election
superintendent shall conduct that election on the next general election in 2007,
and shall issue the call and conduct that election as provided by general law.
The election 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 the City of Palmetto. The ballot shall have written or
printed thereon the words:
|
"( ) YES
( ) NO
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Shall
the Act be approved which provides a homestead exemption from City of Palmetto
ad valorem taxes for municipal purposes in the amount of $25,000.00 of the
assessed value of the homestead for residents of that city who are 65 years of
age or over?"
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All
persons desiring to vote for approval of the Act shall vote "Yes," and all
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, 2008. If said
local Act is not approved at such election, this Act shall not become effective
under any circumstances otherwise provided for in this section and shall stand
repealed in its entirety on January 1, 2008. If this 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 the City of Palmetto. It shall be the
election superintendent´s duty to certify the result thereof to the
Secretary of State.
(b) For the purposes of the referendum election provided for in this section, the qualified electors of the City of Palmetto shall be those qualified electors residing within the corporate limits of the City of Palmetto.
(b) For the purposes of the referendum election provided for in this section, the qualified electors of the City of Palmetto shall be those qualified electors residing within the corporate limits of the City of Palmetto.
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.