HB1543: HB1543 Chattooga County; school district ad valorem tax; homestead exemption; increase income cap

26 LC 47 4192/AP House Bill 1543 (AS PASSED HOUSE AND SENATE) By: Representative Lumsden of the 12th A BILL TO BE ENTITLED AN ACT To amend an Act providing a $40,000.00 homestead exemption from certain ad valorem1 taxes levied by, for, or on behalf of the Chattooga County School District for residents of that2 district who are 70 years of age or older and whose gross incom e does not exceed3 $20,000.00, approved April 23, 1998 (Ga. L. 1998, p. 4660), so as to increase the income cap4 on such exemption; to increase the value of the exemption in steps over a two-year period;5 to revise a definition; to provide for compliance with constitutional requirements; to provide6 for a referendum, effective dates, automatic repeal, mandatory execution of election, and7 judicial remedies regarding failure to comply; to provide for r elated 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 providing a $40,000.00 homestead exemption from certain ad valorem taxes levied12 by, for, or on behalf of the Chattooga County School District for residents of that district who13 are 70 years of age or older and whose gross income does not exceed $20,000.00, approved14 April 23, 1998 (Ga. L. 1998, p. 4660), is amended in Section 1 by revising paragraph (1) as15 follows:16 H. B. 1543 - 1 - 26 LC 47 4192/AP "(1) 'Income' means federal adjusted gross income determined pursuant to the Internal17 Revenue Code of 1986, as amended, for federal income tax purposes of the resident of18 the homestead and his or her spouse."19 SECTION 2.20 Said Act is further amended by revising Section 2 as follows:21 "SECTION 2.22 Each resident of the Chattooga County School District who is a senior citizen and whose23 income for the immediately preceding taxable year does not exceed $38,000.00 is granted24 an exemption on that person's homestead from Chattooga County S chool District ad25 valorem taxes for educational purposes in the amount of:26 (1) $41,150.00 of the assessed value of that homestead for tax year 2027;27 (2) $55,000.00 of the assessed value of that homestead for tax year 2028 and subsequent28 tax years.29 The value of a homestead in excess of the amount exempted by this section shall remain30 subject to taxation."31 SECTION 3.32 In accordance with the requirements of Article VII, Section II of the Constitution of the State33 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority34 vote in both the Senate and the House of Representatives.35 SECTION 4.36 The election superintendent of Chattooga County shall call and conduct an election as37 provided in this section for the purpose of submitting this Act to the electors of the Chattooga38 County School District for approval or rejection. The election superintendent shall conduct39 H. B. 1543 - 2 - 26 LC 47 4192/AP that election on the Tuesday following the first Monday in November of 2026 and shall issue40 the call and conduct that election as provided by general law. The election superintendent41 shall cause the date and purpose of the election to be published once a week for two weeks42 immediately preceding the date thereof in the official organ of Chattooga County. The ballot43 shall have written or printed thereon the words:44 "( ) YES45 46 ( ) NO47 48 49 50 Shall the Act be approved which increases the income cap on the current homestead exemption for senior citizens 70 years of age or olde r from Chattooga County School District ad valorem taxes for education al purposes from $20,000.00 to $38,000.00, and for the exemption to increase to $41,150.00 for tax year 2027 and to $55,000.00 for tax year 2028 and all subsequent tax years?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring51 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on52 such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full53 force and effect on January 1, 2027. If the Act is not so appr oved or if the election is not54 conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective,55 and this Act shall be automatically repealed on the 365th calendar day following the election56 date provided for in this section. The expense of such election shall be borne by Chattooga57 County. It shall be the election superintendent's duty to cert ify the result thereof to the58 Secretary of State. The provisions of this section shall be ma ndatory upon the election59 superintendent and are not intended as directory. If the elect ion superintendent fails or60 refuses to comply with this section, any elector of the Chattooga County School District may61 apply for a writ of mandamus to compel the election superintend ent to perform his or her62 duties under this section. If the court finds that the election superintendent has not complied63 with this section, the court shall fashion appropriate relief r equiring the election64 superintendent to call and conduct such election on the date required by this section or on the65 H. B. 1543 - 3 - 26 LC 47 4192/AP next date authorized for special elections provided for in Code Section 21-2-540 of the66 O.C.G.A.67 SECTION 5.68 Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon69 its approval by the Governor or upon its becoming law without such approval.70 SECTION 6.71 All laws and parts of laws in conflict with this Act are repealed.72 H. B. 1543 - 4 -