HB1576: HB1576 Kingsland, City of; ad valorem tax for municipal purposes; provide homestead exemption

26 LC 62 0495/AP House Bill 1576 (AS PASSED HOUSE AND SENATE) By: Representative Sainz of the 180th A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from City of Kingsland ad valorem taxes for municipal1 purposes in an amount equal to the amount by which the current year assessed value of a2 homestead exceeds the base year assessed value of such homestea d; 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, effective dates, aut omatic repeal, mandatory6 execution of election, and judicial remedies regarding failure to comply; to provide for7 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 Kingsland, including, but not limited13 to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness.14 H. B. 1576 - 1 - 26 LC 62 0495/AP (2) "Base year" means the taxable year immediately preceding the taxable year in which15 the exemption under subsection (b) of this section is first gra nted to the most recent16 owner of such homestead.17 (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of18 the O.C.G.A., as amended, with the additional qualification that it shall include not more19 than five contiguous acres of homestead property.20 ( b ) E a c h r e s i d e n t o f t h e C i t y o f K i n g s l a n d i s g r a n t e d a n e x e m ption on such person's21 homestead from City of Kingsland ad valorem taxes for municipal purposes in an amount22 equal to the amount by which the current year assessed value of such homestead exceeds the23 base year assessed value of such homestead. This exemption sha ll not apply to taxes24 assessed on improvements to such homestead or additional land t hat is added to such25 homestead after January 1 of the base year. If any real proper ty is removed from such26 homestead, the base year assessed value shall be adjusted to re flect such removal, and the27 exemption shall be recalculated accordingly. The value of that property in excess of such28 exempted amount 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 Kingsland, or the designee thereof, providing su ch information relative to32 receiving such exemption as will enable the governing authority of the City of Kingsland,33 or the designee thereof, to make a determination regarding the initial and continuing34 eligibility of such person for such exemption. The governing a uthority of the City of35 Kingsland, or the designee thereof, shall provide application forms for this purpose.36 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of37 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year38 so long as the person granted the homestead exemption under subsection (b) of this section39 occupies the residence as a homestead. After such person has filed the proper application as40 provided in subsection (c) of this section, it shall not be nec essary to make application41 H. B. 1576 - 2 - 26 LC 62 0495/AP thereafter for any year, and such exemption shall continue to be allowed to such person. It42 shall be the duty of any such person granted the homestead exemption under subsection (b)43 of this section to notify the governing authority of the City o f Kingsland, or the designee44 thereof, in the event that such person for any reason becomes ineligible for such exemption.45 (e) The exemption granted by subsection (b) of this section shall not apply to or affect any46 state ad valorem taxes, county ad valorem taxes for county purp oses, or county or47 independent school district ad valorem taxes for educational pu rposes. The homestead48 exemption granted by subsection (b) of this section shall be in addition to and not in lieu of49 any other homestead e xemption applicable to City of Kingsland a d valorem taxes for50 municipal purposes.51 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years52 beginning on or after January 1, 2027.53 SECTION 2.54 In accordance with the requirements of Article VII, Section II of the Constitution of the State55 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority56 vote in both the Senate and the House of Representatives.57 SECTION 3.58 The municipal election superintendent of the City of Kingsland shall call and conduct an59 election as provided in this section for the purpose of submitting this Act to the electors of60 the City of Kingsland for approval or rejection. The municipal election superintendent shall61 conduct that election on the Tuesday after the first Monday in November, 2026, and shall62 issue the call and conduct that election as provided by general law. The municipal election63 superintendent shall cause the date and purpose of the election to be published once a week64 for two weeks immediately preceding the date thereof in the off icial organ of Camden65 County. The ballot shall have written or printed thereon the words:66 H. B. 1576 - 3 - 26 LC 62 0495/AP "( ) YES67 68 ( ) NO69 70 Shall the Act be approved which provides a homestead exemption from City of Kingsland ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a hom estead exceeds the base year assessed value of such homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring71 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on72 such question are for approval of the Act, Section 1 of this Act shall become of full force and73 effect on January 1, 2027. If the Act is not so approved or if the election is not conducted as74 provided in this section, Section 1 of this Act shall not become effective, and this Act shall75 be automatically repealed on the 365th calendar day following the election date provided for76 in this section. The expense of such election shall be borne by the City of Kingsland. It shall77 be the municipal election superintendent's duty to certify the result thereof to the Secretary78 of State. The provisions of this section shall be mandatory up on the municipal election79 superintendent and are not intended as directory. If the munic ipal election superintendent80 fails or refuses to comply with this section, any elector of the City of Kingsland may apply81 for a writ of mandamus to compel the municipal election superin tendent to perform his or82 her duties under this section. If the court finds that the municipal election superintendent has83 not complied with this section, the court shall fashion appropr iate relief requiring the84 municipal election superintendent to call and conduct such election on the date required by85 this section or on the next date authorized for special elections provided for in Code Section86 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. 1576 - 4 - 26 LC 62 0495/AP SECTION 5.91 All laws and parts of laws in conflict with this Act are repealed.92 H. B. 1576 - 5 -