HB1065: HB1065 West Point, City of; ad valorem tax for municipal purposes; provide homestead exemption

26 LC 47 3805 House Bill 1065 By: Representatives Smith of the 138th, Rice of the 139th, Buckner of the 137th, Huddleston of the 72nd, and Jenkins of the 136th A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from City of West Point ad valorem taxes for municipal1 purposes in the amount of $100,000.00 of the assessed value of the homestead for residents2 of that city who are 65 years of age or older and whose income does not exceed $50,000.00;3 to provide for definitions; to specify the terms and conditions of the exemption and the4 procedures relating thereto; to provide for applicability; to p rovide for compliance with5 constitutional requirements; to provide for a referendum, effective dates, automatic repeal,6 mandatory execution of election, and judicial remedies regardin g failure to comply; to7 provide for related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 (a) As used in this Act, the term:11 (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal12 purposes levied by, for, or on behalf of the City of West Point, including, but not limited13 to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness.14 H. B. 1065 - 1 - 26 LC 47 3805 (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of15 the O.C.G.A., as amended, with the additional qualification that it shall include not more16 than five contiguous acres of homestead property.17 (3) "Income" means Georgia taxable net income determined pursu ant to Chapter 7 of18 Title 48 of the O.C.G.A., as amended, for state income tax purposes.19 (4) "Senior citizen" means a person who is 65 years of age or older on or before January20 1 of the year in which application for the exemption under subsection (b) of this section21 is made.22 (b) Each resident of the City of West Point who is a senior citizen is granted an exemption23 on such person's homestead from City of West Point ad valorem taxes for municipal purposes24 in the amount of $100,000.00 of the assessed value of such homestead. The exemption under25 this subsection shall only be granted if such person's income, together with the income of the26 spouse who also occupies and resides at such homestead, does not exceed $50,000.00 for the27 immediately preceding year. The value of that property in excess of such exempted amount28 shall remain subject to taxation.29 (c) A person shall not receive the homestead exemption granted by subsection (b) of this30 section unless such person or person's agent files an application with the governing authority31 of the City of West Point, or the designee thereof, giving such person's age, income, and such32 additional information relative to receiving such exemption as will enable the governing33 authority of the City of West Point, or the designee thereof, t o make a determination34 regarding the initial and continuing eligibility of such person for such exemption. The35 governing authority of the City of West Point, or the designee thereof, shall provide36 application forms for this purpose.37 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of38 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year39 so long as the person granted the homestead exemption under subsection (b) of this section40 occupies the residence as a homestead. After such person has filed the proper application as41 H. B. 1065 - 2 - 26 LC 47 3805 provided in subsection (c) of this section, it shall not be nec essary to make application42 thereafter for any year, and such exemption shall continue to be allowed to such person. It43 shall be the duty of any such person granted the homestead exemption under subsection (b)44 of this section to notify the governing authority of the City o f West Point, or the designee45 thereof, in the event that such person for any reason becomes ineligible for such exemption.46 (e) The exemption granted by subsection (b) of this section shall not apply to or affect any47 state ad valorem taxes, county ad valorem taxes for county purp oses, or county or48 independent school district ad valorem taxes for educational pu rposes. The homestead49 exemption granted by subsection (b) of this section shall be in addition to and not in lieu of50 any other homestead exemption applicable to City of West Point ad valorem taxes for51 municipal purposes.52 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years53 beginning on or after January 1, 2027.54 SECTION 2.55 In accordance with the requirements of Article VII, Section II of the Constitution of the State56 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority57 vote in both the Senate and the House of Representatives.58 SECTION 3.59 The municipal election superintendent of the City of West Point shall call and conduct an60 election as provided in this section for the purpose of submitting this Act to the electors of61 the City of West Point for approval or rejection. The municipal election superintendent shall62 conduct that election on the Tuesday after the first Monday in November, 2026, and shall63 issue the call and conduct that election as provided by general law. The municipal election64 superintendent shall cause the date and purpose of the election to be published once a week65 H. B. 1065 - 3 - 26 LC 47 3805 for two weeks immediately preceding the date thereof in the off icial organs of Troup and66 Harris Counties. The ballot shall have written or printed thereon the words:67 "( ) YES68 69 ( ) NO70 71 72 Shall the Act be approved which provides a homestead exemption from City of West Point ad valorem taxes for municipal purposes in the am ount of $100,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income does not exce ed $50,000.00?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring73 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on 74 such question are for approval of the Act, Section 1 of this Act shall become of full force and75 effect on January 1, 2027. If the Act is not so approved or if the election is not conducted as76 provided in this section, Section 1 of this Act shall not become effective, and this Act shall77 be automatically repealed on the 365th calendar day following the election date provided for78 in this section. The expense of such election shall be borne by the City of West Point. It shall79 be the municipal election superintendent's duty to certify the result thereof to the Secretary80 of State. The provisions of this section shall be mandatory upo n the municipal election81 superintendent and are not intended as directory. If the munic ipal election superintendent82 fails or refuses to comply with this section, any elector of the City of West Point may apply83 for a writ of mandamus to compel the municipal election superin tendent to perform his or84 her duties under this section. If the court finds that the municipal election superintendent has85 not complied with this section, the court shall fashion appropr iate relief requiring the86 municipal election superintendent to call and conduct such election on the date required by87 this section or on the next date authorized for special elections provided for in Code Section88 21-2-540 of the O.C.G.A.89 H. B. 1065 - 4 - 26 LC 47 3805 SECTION 4.90 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon91 its approval by the Governor or upon its becoming law without such approval.92 SECTION 5.93 All laws and parts of laws in conflict with this Act are repealed.94 H. B. 1065 - 5 -