HB103: HB103 Troup County; ad valorem tax; educational purposes; increase homestead exemption

25 LC 61 0016/AP House Bill 103 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 138th, Huddleston of the 72nd, and Buckner of the 137th A BILL TO BE ENTITLED AN ACT To amend an Act to provide a homestead exemption from Troup County school district ad1 valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of2 the homestead for certain residents of that school district who have annual incomes not3 exceeding $22,000.00 and who are 65 years of age or over, appro ved March 24, 19944 (Ga. L. 1994, p. 3844), as amended; so as to increase the existing homestead exemption; to5 increase the income cap; to provide for compliance with constit utional requirements; to6 provide for a referendum, effective dates, automatic repeal, mandatory execution of election,7 and judicial remedies regarding failure to comply; to provide for related matters; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 An Act to provide a homestead exemption from Troup County schoo l district ad valorem12 taxes for educational purposes in the amount of $10,000.00 of t he assessed value of the13 homestead for certain residents of that school district who hav e annual incomes not14 exceeding $22,000.00 and who are 65 years of age or over, appro ved March 24, 199415 H. B. 103 - 1 - 25 LC 61 0016/AP (Ga. L. 1994, p. 3844), as amended, is amended by revising subs ection (a) of Section 2 as16 follows:17 "(a) Each resident of the Troup County school district who is 6 5 years of age or over is18 granted an exemption on that person's homestead and not more than two contiguous acres19 of homestead property from Troup County school district ad valorem taxes for educational20 purposes in the amount of $100,000.00 of the assessed value of that homestead, if that21 person's annual income, together with the annual income of the spouse of such person who22 resides within such homestead, does not exceed $50,000.00 for the immediately preceding23 taxable year. Annual income shall include retirement benefits, disability, pension, and24 Social Security benefits. The value of that property in excess of such exempted amount25 shall remain subject to taxation. Any exemption granted under this Act shall cease on26 December 31 of the taxable year in which the person claiming such exemption dies, sells,27 or otherwise transfers the homestead."28 SECTION 2.29 In accordance with the requirements of Article VII, Section II of the Constitution of the State30 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority31 vote in both the Senate and the House of Representatives.32 SECTION 3.33 The election superintendent of Troup County shall call and conduct an election as provided34 in this section for the purpose of submitting this Act to the e lectors of the Troup County35 school district for approval or rejection. The e lection superintendent shall conduct that36 election on Tuesday after the first Monday in November, 2025, and shall issue the call and37 conduct that election as provided by general law. The election superintendent shall cause the38 date and purpose of the election to be published once a week fo r two weeks immediately39 H. B. 103 - 2 - 25 LC 61 0016/AP preceding the date thereof in the official organ of Troup Count y. The ballot shall have40 written or printed thereon the words:41 "( ) YES42 43 ( ) NO44 45 46 Shall the Act which provides for a homestead exemption from Tro up County school district ad valorem taxes for educational purpose s for residents who are 65 years of age or over be amended so as to increase the exemption amount from $40,000.00 to $100,000.00 and the income cap from $40,000.00 to $50,000.00?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring47 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on48 such question are for approval of the Act, Section 1 of this Act shall become of full force and49 effect on January 1, 2026. If the Act is not so approved or if the election is not conducted50 as provided in this section, Section 1 of this Act shall not become effective, and this Act shall51 be automatically repealed on the 365th day following the election date provided for in this52 section. The expense of such election shall be borne by Troup County. It shall be the53 election superintendent's duty to certify the result thereof to the Secretary of State. The54 provisions of this section shall be mandatory upon the election superintendent and are not55 intended as directory. If the election superintendent fails or refuses to comply with this56 section, any elector of the Troup County school district may apply for a writ of mandamus57 to compel the election superintendent to perform his or her duties under this section. If the58 court finds that the election superintendent has not complied with this section, the court shall59 fashion appropriate relief requiring the election superintenden t to call and conduct such60 election on the date required by this section or on the next da te authorized for special61 elections provided for in Code Section 21-2-540 of the O.C.G.A.62 SECTION 4.63 H. B. 103 - 3 - 25 LC 61 0016/AP Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon64 its approval by the Governor or upon its becoming law without such approval.65 SECTION 5.66 All laws and parts of laws in conflict with this Act are repealed.67 H. B. 103 - 4 -