HB1340: HB1340 Hall County; ad valorem tax for educational purposes; homestead exemption; increase income cap

26 LC 47 4037/AP House Bill 1340 (AS PASSED HOUSE AND SENATE) By: Representatives McCollum of the 30th, Dunahoo of the 31st, Cox of the 28th, Hong of the 103rd, Clark of the 100th, and others A BILL TO BE ENTITLED AN ACT To amend an Act providing for homestead exemptions from Hall County school district ad1 valorem taxes for educational purposes for certain residents of that school district who are2 senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to increase3 the income cap on the homestead exemption provided to residents of the school district 624 years of age and older; to provide that any person 66 years of age or older shall receive a new5 exemption on the first $400,000.00 of the assessed value of the homestead; to provide that6 persons who have already applied for one of the exemptions provided for in this Act need not7 apply for subsequent exemptions as they age into new classifica tions; to provide for8 compliance with constitutional requirements; to provide for a r eferendum, effective dates,9 automatic repeal, mandatory execution of election, and judicial remedies regarding failure10 to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 An Act providing for homestead exemptions from Hall County scho ol district ad valorem14 taxes for educational purposes for certain residents of that sc hool district who are senior15 H. B. 1340 - 1 - 26 LC 47 4037/AP citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, is amended in Section 216 by revising subsections (a) and (b) and adding a new subsection to read as follows:17 "(a) Each resident of the Hall County school district who is di sabled or at least 62 years18 of age but less than 66 years of age on or before January 1 of the year in which application19 for the exemption under this subsection is made is granted an exemption on that person's20 homestead from all Hall County school district ad valorem taxes for educational purposes21 in the amount of $30,000.00 of the assessed value of that homes tead if that person's22 income, together with the income of the spouse of such person w ho resides within such23 homestead, does not exceed $40,000.00 for the immediately preceding taxable year. The24 unremarried surviving widow or widower who is at least 55 years of age shall continue to25 receive the exemption provided under this subsection so long as that unremarried surviving26 widow or widower continues to occupy the home as a residence and homestead, until such27 unremarried surviving widow or widower becomes 66 years of age or older and is28 otherwise qualified to receive the exemption under subsection ( b) of this section. With29 respect to the exemption under this subsection, such unremarrie d surviving widow or30 widower shall remain subject to the income limitations specified in this subsection. The31 value of that property in excess of such exempted amount shall remain subject to taxation.32 (a.1) Each resident of the Hall County school district who is 66 years of age or older on33 or before January 1 of the year in which the exemption under th is subsection is first34 claimed is granted an exemption on that person's homestead from all Hall County school35 district ad valorem taxes for educational purposes up to the fi rst $480,000.00 of the36 assessed value of that homestead. The unremarried surviving widow or widower who is37 at least 66 years of age shall continue to receive the exemptio n provided under this38 subsection so long as that unremarried surviving widow or widower continues to occupy39 the home as a residence and homestead. The value of that prope rty in excess of such40 exempted amount shall remain subject to taxation. A person rec eiving the exemption41 H. B. 1340 - 2 - 26 LC 47 4037/AP provided for in subsection (a) of this section need not apply for the exemption provided for42 in this subsection.43 (b) Each resident of the Hall County school district who is 70 years of age or older on or44 before January 1 of the year in which the exemption under this subsection is first claimed45 is granted an exemption on that person's homestead from all Hall County school district ad46 valorem taxes for educational purposes for the full value of th at homestead. The47 unremarried surviving widow or widower who is at least 65 years of age shall continue to48 receive the exemption provided under this subsection so long as that unremarried surviving49 widow or widower continues to occupy the home as a residence and homestead. A person50 receiving the exemption provided for in subsection (a.1) of this section need not apply for51 the exemption provided for in this subsection."52 SECTION 2.53 In accordance with the requirements of Article VII, Section II of the Constitution of the State54 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority55 vote in both the Senate and the House of Representatives.56 SECTION 3.57 The election superintendent of Hall County shall call and conduct an election as provided in58 this section for the purpose of submitting this Act to the electors of the Hall County school59 district for approval or rejection. The election superintendent shall conduct that election on60 the Tuesday after the first Monday in November of 2026 and shall issue the call and conduct61 that election as provided by general law. The election superintendent shall cause the date and62 purpose of the election to be published once a week for two weeks immediately preceding63 the date thereof in the official organ of Hall County. The ballot shall have written or printed64 thereon the words:65 H. B. 1340 - 3 - 26 LC 47 4037/AP "( ) YES66 67 ( ) NO68 69 70 71 Shall the Act amending the existing senior citizen homestead exemption for Hall County school district ad valorem taxation for educational purposes be approved so as to increase the income cap on the first exemption provided to residents 62 years of age and older from $25,000.00 to $40,000.00 and to provide a new exemption for residents 66 years of age or old er for the first $1,200,000.00 of the appraised value of the homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring72 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on73 such question are for approval of the Act, Section 1 of this Act shall become of full force and74 effect on January 1, 2027. If the Act is not so approved or if the election is not conducted75 as provided in this section, Section 1 of this Act shall not become effective, and this Act shall76 be automatically repealed on the 365th calendar day following the election date provided for77 in this section. The expense of such election shall be borne by Hall County. It shall be the78 election superintendent's duty to certify the result thereof to the Secretary of State. The79 provisions of this section shall be mandatory upon the election superintendent and are not80 intended as directory. If the election superintendent fails or refuses to comply with this81 section, any elector of Hall County may apply for a writ of mandamus to compel the election82 superintendent to perform his or her duties under this section. If the court finds that the83 election superintendent has not complied with this section, the court shall fashion appropriate84 relief requiring the election superintendent to call and conduc t such election on the date85 required by this section or on the next date authorized for special elections provided for in86 Code Section 21-2-540 of the O.C.G.A.87 SECTION 4.88 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon89 its approval by the Governor or upon its becoming law without such approval.90 H. B. 1340 - 4 - 26 LC 47 4037/AP SECTION 5.91 All laws and parts of laws in conflict with this Act are repealed.92 H. B. 1340 - 5 -