HB1515: HB1515 Madison County; school district ad valorem tax; provide homestead exemption

26 LC 47 4136/AP House Bill 1515 (AS PASSED HOUSE AND SENATE) By: Representatives Leverett of the 123rd and Powell of the 33rd A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from Madison County school district ad valorem taxes1 for educational purposes in the amount of $75,000.00 of the assessed value of the homestead2 for residents of that school district who are 70 years of age o r older; to provide for3 definitions; to specify the terms and conditions of the exemption and the procedures relating4 thereto; to provide for applicability; to provide for complianc e with c onstitutional5 requirements; to provide for a referendum, contingent 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 educational purposes" means all ad v alorem taxes for12 educational purposes levied by, for, or on behalf of the Madison County school district,13 except for any ad valorem taxes to pay interest on and to retir e county school district14 bonded indebtedness.15 H. B. 1515 - 1 - 26 LC 47 4136/AP (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of16 the O.C.G.A., as amended.17 (3) "Senior citizen" means a person who is 70 years of age or older on or before18 January 1 of the year in which application for the exemption under subsection (b) of this19 section is made.20 (b) Each resident of the Madison County school district who is a senior citizen is granted an21 exemption on such person's homestead from Madison County school district ad valorem22 taxes for educational purpos es in the amount of $75,000.00 of t he assessed value of such23 homestead. The value of that property in excess of such exempt ed amount shall remain24 subject to taxation.25 (c) A person shall not receive the homestead exemption granted by subsection (b) of this26 section unless such person or person's agent files an application with the tax commissioner27 of Madison County, giving such p erson's age and such additional information relative to28 receiving such exemption as will enable the tax commissioner of Madison County to make29 a determination regarding the initial and continuing eligibilit y of such person for such30 exemption. The tax commissioner of Madison County shall provide application forms for31 this purpose.32 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of33 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year34 so long as the person granted the homestead exemption under subsection (b) of this section35 occupies the residence as a homestead. After such person has filed the proper application as36 provided in subsection (c) of this section, it shall not be nec essary to make application37 thereafter for any year, and such exemption shall continue to be allowed to such person. It38 shall be the duty of any such person granted the homestead exemption under subsection (b)39 of this section to notify the tax commissioner of Madison Count y in the event that such40 person for any reason becomes ineligible for such exemption.41 H. B. 1515 - 2 - 26 LC 47 4136/AP (e) The exemption granted by subsection (b) of this section shall not apply to or affect any42 state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem43 taxes for municipal purposes, or independent school district ad valorem taxes for educational44 purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu45 of and not in addition to any other homestead exemption applica ble to Madison County46 school district ad valorem taxes for educational purposes.47 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years48 beginning on or after January 1, 2027.49 SECTION 2.50 In accordance with the requirements of Article VII, Section II of the Constitution of the State51 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority52 vote in both the Senate and the House of Representatives.53 SECTION 3.54 The election superintendent of Madison County shall call and co nduct an election as55 provided in this section for the purpose of submitting this Act to the electors of the Madison56 County school district for approval or rejection. The election superintendent shall conduct57 that election on the Tuesday following the first Monday in November, 2026 and shall issue58 the call and conduct that election as provided by general law. The election superintendent59 shall cause the date and purpose of the election to be published once a week for two weeks60 immediately preceding the date thereof in the official organ of Madison County. The ballot61 shall have written or printed thereon the words:62 "( ) YES63 64 ( ) NO65 66 Shall the Act be approved which provides a homestead exemption from Madison County school district ad valorem taxes for educational purposes in the amount of $75,000.00 of the assessed value of the homest ead for residents of that school district who are 70 years of age or older?" H. B. 1515 - 3 - 26 LC 47 4136/AP All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring67 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on68 such question are for approval of the Act, Section 1 of this Act shall become of full force and69 effect on January 1, 2027, provided that an amendment to the Constitution providing for the70 immediate or gradual exemption of homesteaded property from all ad valorem taxes for71 educational purposes is not approved by the people of Georgia a t the November, 2026,72 general election. If the Act is not so approved, if the election is not conducted as provided73 in this section, or if an amendment to the Constitution providing for the immediate or gradual74 exemption of homesteaded property from all ad valorem taxes for educational purposes is75 approved by the people of Georgia at the November, 2026, general election, Section 1 of this76 Act shall not become effective, and this Act shall be automatic ally repealed on the 365th77 calendar day following the election date provided for in this s ection. The expense of such78 election shall be borne by Madison County. It shall be the election superintendent's duty to79 certify the result thereof to the Secretary of State. The prov isions of this section shall be80 mandatory upon the election superintendent and are not intended as directory. If the election81 superintendent fails or refuses to comply with this section, an y elector of the Madison82 County school district may apply for a writ of mandamus to comp el the election83 superintendent to perform his or her duties under this section. If the court finds that the84 election superintendent has not complied with this section, the court shall fashion appropriate85 relief requiring the election superintendent to call and conduc t such election on the date86 required by this section or on the next date authorized for special elections provided for in87 Code Section 21-2-540 of the O.C.G.A.88 SECTION 4.89 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon90 its approval by the Governor or upon its becoming law without such approval.91 H. B. 1515 - 4 - 26 LC 47 4136/AP SECTION 5.92 All laws and parts of laws in conflict with this Act are repealed.93 H. B. 1515 - 5 -