07 LC 18
6189
House
Bill 502
By:
Representative Jenkins of the
8th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a homestead exemption from Towns 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 adjusted 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
allow such exemption to continue to be received by an unremarried surviving
spouse or the child, children, grandchild, or grandchildren of the deceased
spouse; 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 Towns County School
District, including, but not limited to, any ad valorem taxes to pay interest on
and to retire county school district bonded 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; provided, however, that in the event a reassessment of the
homestead causes the actual assessed value of that homestead to be increased,
the tax commissioner shall adjust the base year assessed value by the lesser of
3 percent or the actual percentage increase in the actual assessed
value.
(3)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., as amended.
(b)(1)
Each resident of the Towns County School District is granted an exemption on
that person´s homestead from Towns County School District ad valorem taxes
for educational purposes in an amount equal to the amount by which the current
year assessed value of that homestead exceeds the adjusted 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 added to or removed
from the homestead, the base year assessed value shall be adjusted to reflect
such addition or removal and the exemption shall be recalculated accordingly.
The value of that property in excess of such exempted amount shall remain
subject to taxation.
(2)
The unremarried surviving spouse or the child, children, grandchild, or
grandchildren of the deceased spouse who has been granted the exemption provided
for in paragraph (1) of this subsection shall continue to receive the exemption
provided under paragraph (1) of this subsection so long as that unremarried
surviving spouse or child, children, grandchild, or grandchildren of the
deceased spouse continue to occupy the home as a residence and
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 Towns County giving such 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 of Towns County 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 so 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 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 state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational 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.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2008.
(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 so 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 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 state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational 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.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2008.
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Towns County shall call and conduct an election as provided in
this section for the purpose of submitting this Act to the electors of the Towns
County School District for approval or rejection. The election superintendent
shall conduct that election on the Tuesday after the first Monday in November,
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 Towns County. 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 Towns 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 adjusted 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 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 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 Towns 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.