12 LC
34 3076/AP
House
Bill 617 (AS PASSED HOUSE AND SENATE)
By:
Representative Crawford of the
16th
A
BILL TO BE ENTITLED
AN ACT
To
provide for a homestead exemption from Polk County school district ad valorem
taxes for educational purposes in an amount that will increase in certain years
when the current year assessed value of a homestead exceeds the preceding year's
assessed value of such homestead by a certain amount under certain conditions;
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 Polk 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)
"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 Polk County school district is granted an exemption on that
person's homestead from Polk County school district ad valorem taxes for
educational purposes as provided in this subsection.
(2)
Beginning in tax year 2014 and for each year thereafter, if the current year
assessed value exceeds 110 percent of the preceding tax year's assessed value,
the exemption granted by this subsection shall be an amount equal to the
difference between the current year assessed value and 110 percent of the
preceding tax year's assessed value. For each year thereafter, the exemption
amount shall remain the same unless the current year assessed value exceeds 110
percent of the preceding tax year's assessed value. In that event, an
additional exemption shall be granted in an amount equal to the difference
between the current year assessed value and 110 percent of the preceding tax
year's assessed value.
(3)
This exemption shall not apply to taxes assessed on improvements to such
homestead or additional land that is added to such homestead subsequent to the
determination of the preceding tax year's assessed value.
(4)
The value of that property in excess of such exempted amount shall remain
subject to taxation.
(c)
A person shall not receive the homestead exemption granted by subsection (b) of
this section unless such person or person's agent files an application with the
tax commissioner of Polk County, giving such information relative to receiving
such exemption as will enable a determination to be made regarding the initial
and continuing eligibility of such person for such exemption. The tax
commissioner of Polk 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 as long as the person granted the homestead exemption
under subsection (b) of this section 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 Polk County in the event that
person for any reason becomes ineligible for such 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 addition to and not in
lieu of any other homestead exemption applicable to Polk 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, 2014.
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Polk County shall call and conduct an election as provided in
this section for the purpose of submitting this Act to the electors of the Polk
County school district for approval or rejection. The election superintendent
shall conduct that election on the date of the general primary election in 2012
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 Polk County. The ballot shall have written or printed
thereon the words:
"( ) YES
( ) NO
|
Shall
the Act be approved which provides a homestead exemption from Polk County school
district ad valorem taxes for educational purposes in an amount that will
increase in certain years when the current year assessed value of a homestead by
a certain amount exceeds the preceding year's assessed value of such homestead
under certain conditions?"
|
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, 2013. 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 Polk 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.