HB1558: HB1558 Palmetto, City of; ad valorem tax for municipal purposes; provide homestead exemption

26 LC 47 4129/AP House Bill 1558 (AS PASSED HOUSE AND SENATE) By: Representatives Glaize of the 67th and Dawson of the 65th A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from City of Palmetto ad valor em taxes for municipal1 purposes in the amount of the full assessed value of the homestead for residents of that city2 who are 65 years of age or older; to provide for definitions; t o s p e c i f y t h e t e r m s a n d3 conditions of the exemption and the procedures relating thereto; to provide for applicability;4 to provide for compliance with constitutional requirements; to provide for a referendum,5 effective dates, automatic repeal, mandatory execution of elect ion, and judicial remedies6 regarding failure to comply; to provide for related matters; to repeal conflicting laws; and for7 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 Palmetto, including, but not limited13 to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness.14 (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of15 the O.C.G.A., as amended.16 H. B. 1558 - 1 - 26 LC 47 4129/AP (3) "Senior citizen" means a person who is 65 years of age or older on or before January17 1 of the year in which application for the exemption under subsection (b) of this section18 is made.19 (b) Each resident of the City of Palmetto who is a senior citizen is granted an exemption on20 such person's homestead from City of Palmetto ad valorem taxes for municipal purposes in21 the amount of the full assessed value of such homestead. The value of that property in excess22 of such exempted amount shall remain subject to taxation.23 (c) A person shall not receive the homestead exemption granted by subsection (b) of this24 section unless such person or person's agent files an application with the governing authority25 of the City of Palmetto, or the designee thereof, giving such person's age and such additional26 information relative to receiving such exemption as will enable the governing authority of27 the City of Palmetto, or the designee thereof, to make a determination regarding the initial28 and continuing eligibility of such person for such exemption. The governing authority of the29 City of Palmetto, or the designee thereof, shall provide application forms for this purpose.30 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of31 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year32 so long as the person granted the homestead exemption under subsection (b) of this section33 occupies the residence as a homestead. After such person has filed the proper application as34 provided in subsection (c) of this section, it shall not be nec essary to make application35 thereafter for any year, and such exemption shall continue to be allowed to such person. It36 shall be the duty of any such person granted the homestead exemption under subsection (b)37 of this section to notify the governing authority of the City o f Palmetto, or the designee38 thereof, in the event that such person for any reason becomes ineligible for such exemption.39 (e) The exemption granted by subsection (b) of this section shall not apply to or affect any40 state ad valorem taxes, county ad valorem taxes for county purp oses, or county or41 independent school district ad valorem taxes for educational pu rposes. The homestead42 exemption granted by subsection (b) of this section shall be in lieu of and not in addition to43 H. B. 1558 - 2 - 26 LC 47 4129/AP any other homestead exemption app licable to City of Palmetto ad valorem taxes for44 municipal purposes.45 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years46 beginning on or after January 1, 2027.47 SECTION 2.48 In accordance with the requirements of Article VII, Section II of the Constitution of the State49 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority50 vote in both the Senate and the House of Representatives.51 SECTION 3.52 The municipal election superintendent of the City of Palmetto s hall call and conduct an53 election as provided in this section for the purpose of submitting this Act to the electors of54 the City of Palmetto for approval or rejection. The municipal election superintendent shall55 conduct that election on the Tuesday following the first Monday in November, 2026 and56 shall issue the call and conduct that election as provided by g eneral law. The municipal57 election superintendent shall cause the date and purpose of the election to be published once58 a week for two weeks immediately preceding the date thereof in the official organs of59 Coweta and Fulton counties. The ballot shall have written or printed thereon the words:60 "( ) YES61 62 ( ) NO63 64 Shall the Act be approved which provides a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of the full assessed value of the homestead for residents of that city who are 65 years of age or older?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring65 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on66 such question are for approval of the Act, Section 1 of this Act shall become of full force and67 effect on January 1, 2027. If the Act is not so approved or if the election is not conducted68 H. B. 1558 - 3 - 26 LC 47 4129/AP as provided in this section, Section 1 of this Act shall not become effective, and this Act shall69 be automatically repealed on the 365th calendar day following the election date provided for70 in this section. The expense of such election shall be borne by the City of Palmetto. It shall71 be the municipal election superintendent's duty to certify the result thereof to the Secretary72 of State. The provisions of this section shall be mandatory upo n the municipal election73 superintendent and are not intended as directory. If the munic ipal election superintendent74 fails or refuses to comply with this section, any elector of the City of Palmetto may apply75 for a writ of mandamus to compel the municipal election superin tendent to perform his or76 her duties under this section. If the court finds that the municipal election superintendent has77 not complied with this section, the court shall fashion appropr iate relief requiring the78 municipal election superintendent to call and conduct such election on the date required by79 this section or on the next date authorized for special elections provided for in Code Section80 21-2-540 of the O.C.G.A.81 SECTION 4.82 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon83 its approval by the Governor or upon its becoming law without such approval.84 SECTION 5.85 All laws and parts of laws in conflict with this Act are repealed.86 H. B. 1558 - 4 -