Bill Text: GA SB171 | 2011-2012 | Regular Session | Introduced
Bill Title: Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-01 - Senate Read and Referred [SB171 Detail]
Download: Georgia-2011-SB171-Introduced.html
11 LC 28
5359
Senate
Bill 171
By:
Senator Brown of the 26th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a homestead exemption from Bibb County school district ad valorem taxes
for educational purposes in the full amount of the assessed value of the
homestead for POST certified law enforcement officers who are residents of that
school district; 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 Bibb 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, with the additional qualification that it shall
include not more than five contiguous acres of homestead property.
(3)
"POST certified law enforcement officer" means an individual who has been
certified as a peace officer by the Georgia Peace Officer Standards and Training
Council pursuant to Chapter 8 of Title 35 of the O.C.G.A. and who is employed as
a peace officer by a municipality or county in this state on a full-time
basis.
(b)
Each POST certified law enforcement officer who is a resident of the Bibb County
school district is granted an exemption on that person's homestead from Bibb
County school district ad valorem taxes for educational purposes in the full
amount of the assessed value of that
homestead.
(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 Bibb County, giving such information relative to receiving such exemption as will enable the tax commissioner of Bibb County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Bibb 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 may be 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 and provides the necessary information required by subsection (c) of this section to demonstrate such person's continuing eligibility for such exemption. It shall be necessary to make application each year and to demonstrate continuing eligibility for such exemption. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Bibb 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 lieu of and not in addition to any other homestead exemption applicable to Bibb 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, 2012.
(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 Bibb County, giving such information relative to receiving such exemption as will enable the tax commissioner of Bibb County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Bibb 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 may be 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 and provides the necessary information required by subsection (c) of this section to demonstrate such person's continuing eligibility for such exemption. It shall be necessary to make application each year and to demonstrate continuing eligibility for such exemption. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Bibb 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 lieu of and not in addition to any other homestead exemption applicable to Bibb 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, 2012.
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Bibb County shall call and conduct an election as provided in
this section for the purpose of submitting this Act to the electors of the Bibb
County school district for approval or rejection. The election superintendent
shall conduct that election on the Tuesday after the first Monday in November,
2011, 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 Bibb County. The ballot shall have
written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which provides a homestead exemption from Bibb County school
district ad valorem taxes for educational purposes in the full amount of the
assessed value of the homestead for POST certified law enforcement officers who
are residents of that school district?"
|
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, 2012. 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 Bibb 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.
