Georgia 2023-2024 Regular Session

Georgia House Bill HB1185 Compare Versions

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2-The Senate Committee on Finance offered the following
3-substitute to HB 1185:
1+24 LC 50 0786S
2+House Bill 1185 (COMMITTEE SUBSTITUTE)
3+By: Representatives Camp of the 135
4+th
5+, Washburn of the 144
6+th
7+, Frye of the 122
8+nd
9+, Martin of
10+the 49
11+th
12+, and Blackmon of the 146
13+th
14+
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad1
7-valorem taxation of property, so as to revise provisions related to the setting of millage rates;2
8-to limit the application of the freezing of the assessed value as a result of an appeal; to revise3
9-the language required to be included in the notices of current assessment; to limit the4
10-application of a temporary reduction in the taxes owed when a taxpayer appeals to superior5
11-court and does not participate in the settlement conference; to provide for a statewide6
12-homestead exemption from ad valorem taxes in an amount equal to the amount by which the7
13-current year assessed value of a homestead is more than 3 percent from the adjusted base8
14-year value of such homestead; to provide for definitions; to specify the terms and conditions9
15-of the exemption and the procedures relating thereto; to provide for applicability; to provide10
16-for related matters; to provide for a short title; to provide for compliance with constitutional11
17-requirements; to provide for a referendum, effective dates, applicability, and automatic12
18-repeal; to repeal conflicting laws; and for other purposes.13
19-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
20-- 1 - 24 LC 50 0851S
21-PART I15
22-SECTION 1-1.16
23-This Act shall be known and may be cited as the "Save our Homes Act."17
24-PART II18
25-SECTION 2-1.19
26-Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem20
27-taxation of property, is amended by revising subsection (c) of Code Section 48-5-32.1,21
28-relating to certification of assessed taxable value of property and method of computation,22
29-resolution or ordinance required for millage rate, and advertisement of intent to increase23
30-property tax, as follows: 24
31-"(c)(1) Whenever a recommending authority or levying authority shall propose to adopt25
32-a millage rate which does not exceed the roll-back previous year's millage rate, it shall26
33-adopt that millage rate at an advertised public meeting and at a time and place which is27
34-convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures28
35-specified under Code Section 48-5-32.29
36-(2) In those instances in which the recommending authority or levying authority30
37-proposes to establish a general maintenance and operation millage rate which would31
38-require increases beyond the roll-back previous year's millage rate, the recommending32
39-authority or levying authority shall advertise its intent to do so and shall conduct at least33
40-three public hearings thereon, at least one of which shall commence between the hours34
41-of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending35
42-authority or levying authority shall place an advertisement in a newspaper of general36
43-circulation serving the residents of the unit of local government and post such37
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45-advertisement on the website of the recommending or levying authority, which shall read38
46-as follows:39
47-'NOTICE OF PROPERTY TAX INCREASE40
48-The (name of recommending authority or levying authority) ______________________41
49-(name of recommending authority or levying authority) has tentatively adopted a42
50-millage rate which will require an increase in property taxes by (percentage increase43
51-over roll-back rate) __________________________ (percentage increase over the44
52-previous year's millage rate) percent.45
53-All concerned citizens are invited to the public hearing on this tax increase to be held46
54-at (place of meeting) ______________________ (place of meeting) on (date and time) 47
55-______________________ (date and time).48
56-Times and places of additional public hearings on this tax increase are at (place of49
57-meeting) ______________________________ (place of meeting) on (date and time)50
58-__________________ (date and time).51
59-This tentative increase will result in a millage rate of (proposed millage rate)52
60-_______________ (proposed millage rate) mills, an increase of (millage rate increase53
61-above the roll-back rate) _______________ (millage rate increase above the previous54
62-year's millage rate) mills. Without this tentative tax increase, the millage rate will be55
63-no more than (roll-back millage rate) ___________________ (previous year's millage56
64-rate) mills. The proposed tax increase for a home with a fair market value of (average57
65-home value from previous year's digest rounded to the nearest $25,000.00)58
66-________________ (average home value from previous year's digest rounded to the59
67-nearest $25,000.00) is approximately $(increase) $________ (increase) and the60
68-proposed tax increase for nonhomestead property with a fair market value of (average61
69-nonhomestead property value from previous year's digest rounded to nearest62
70-$25,000.00) ________________ (average nonhomestead property value from previous63
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72-year's digest rounded to nearest $25,000.00) is approximately $(increase) $_______64
73-(increase).'65
74-Simultaneously with this notice the recommending authority or levying authority shall66
75-provide a press release to the local media.67
76-(3) The advertisement shall appear at least one week prior to each hearing, be68
77-prominently displayed, not be less than 30 square inches, and not be placed in that section69
78-of the newspaper where legal notices appear and shall be posted on the appropriate70
79-website at least one week prior to each hearing. In addition to the advertisement specified71
80-under this paragraph, the levying or recommending authority may include in the notice72
81-reasons or explanations for such tax increase.73
82-(4) No recommending authority shall recommend and no levying authority shall levy a74
83-millage rate in excess of the proposed millage rate as established pursuant to paragraph75
84-(2) of this subsection without beginning anew the procedures and hearings required by76
85-this Code section and those required by Code Section 48-5-32.77
86-(5) Any notice or hearing required under this Code section may be combined with any78
87-notice or hearing required under Article 1 of Chapter 81 of Title 36 or Code Section79
88-48-5-32."80
89-SECTION 2-2.81
90-Said chapter is further amended by revising subsection (c) of Code Section 48-5-299, relating82
91-to ascertainment of taxable property, assessments against unreturned personal property,83
92-penalty for unreturned property, and changing real property values established by appeal in84
93-prior year or stipulated by agreement, as follows:85
94-"(c) When the value of real property is reduced or is unchanged from the value on the86
95-initial annual notice of assessment or a corrected annual notice of assessment issued by the87
96-board of tax assessors and such reduced valuation has been established as the result of an88
97-appeal decision rendered by the board of equalization, hearing officer, arbitrator, or89
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99-superior court pursuant to Code Section 48-5-311 or stipulated by written agreement signed90
100-by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new91
101-valuation so established by appeal decision or agreement may not be increased by the board92
102-of tax assessors during the next two successive years, unless otherwise agreed in writing93
103-by both parties, subject to the following exceptions:94
104-(1) This subsection shall not apply to a valuation established by an appeal decision if the95
105-taxpayer or his or her authorized representative failed to attend the appeal hearing or96
106-provide the board of equalization, hearing officer, or arbitrator with some written97
107-evidence supporting the taxpayer's opinion of value;98
108-(2) This subsection shall not apply to a valuation established by an appeal decision or99
109-agreement if the taxpayer files a return at a different valuation during the next two100
110-successive years;101
111-(3) Unless otherwise agreed in writing by both parties, if the taxpayer files an appeal102
112-pursuant to Code Section 48-5-311 during the next two successive years, the board of tax103
113-assessors, the board of equalization, hearing officer, or arbitrator may increase or104
114-decrease the value of the real property based on the evidence presented by the taxpayer105
115-during the appeal process; and106
116-(4) The board of tax assessors may increase or decrease the value of the real property if,107
117-after a visual on-site inspection of the property, it is found that there have been substantial108
118-additions, deletions, or improvements to such property or that there are errors in the board109
119-of tax assessors' records as to the description or characterization of the property, or the110
120-board of tax assessors finds an occurrence of other material factors that substantially111
121-affect the current fair market value of such property."112
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123-SECTION 2-3.113
124-Said chapter is further amended by revising subsection (b) of Code Section 48-5-306, relating114
125-to annual notice of current assessment, contents, posting notice, and new assessment115
126-description, as follows:116
127-"(b) Contents of notice.117
128-(1) The annual notice of current assessment required to be given by the county board of118
129-tax assessors under subsection (a) of this Code section shall be dated and shall contain119
130-the name and last known address of the taxpayer. The annual notice shall conform with120
131-the state-wide uniform assessment notice which shall be established by the commissioner121
132-by rule and regulation and shall contain:122
133-(A) The amount of the previous assessment;123
134-(B) The amount of the current assessment;124
135-(C) The year for which the new assessment is applicable;125
136-(D)(A) A brief description of the assessed property broken down into real and personal126
137-property classifications;127
138-(E)(B) The fair market value of property of the taxpayer subject to taxation for the prior128
139-year and the current year; and the assessed value of the taxpayer's property129
140-(C) A list of all ad valorem tax exemptions that have been granted for and are130
141-applicable to the current tax year;131
142-(D) The prior and current years' assessed value of the taxpayer's property subject to132
143-taxation after being reduced by those ad valorem tax exemptions that have been granted133
144-for the property;134
145-(F)(E) The name, phone number, and contact information of the person in the135
146-assessors' office who is administratively responsible for the handling of the appeal and136
147-who the taxpayer may contact if the taxpayer has questions about the reasons for the137
148-assessment change or the appeals process;138
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150-(G)(F) If available, the website address of the office of the county board of tax139
151-assessors; and140
152-(H)(G) A statement that all documents and records used to determine the current value141
153-are available upon request.142
154-(2)(A) In addition to the items required under paragraph (1) of this subsection, the notice143
155-shall contain a statement of the taxpayer's right to an appeal and an estimate of the current144
156-year's taxes for all levying authorities which shall be in substantially the following form:145
157-'The amount of your ad valorem tax bill for this year will be based on the appraised and146
158-assessed values specified in this notice. You have the right to appeal these values to the147
159-county board of tax assessors. At the time of filing your appeal you must select one of148
160-the following options:149
161-(i)(A) An appeal to the county board of equalization with appeal to the superior court;150
162-(ii)(B) To arbitration without an appeal to the superior court; or151
163-(iii)(C) For a parcel of nonhomestead property with a fair market value in excess of152
164-$500,000.00 as shown on the taxpayer's annual notice of current assessment under this153
165-Code section, or for one or more account numbers of wireless property as defined in154
166-subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value155
167-in excess of $500,000.00 as shown on the taxpayer's annual notice of current156
168-assessment under this Code section, to a hearing officer with appeal to the superior157
169-court.158
170-If you wish to file an appeal, you must do so in writing no later than 45 days after the date159
171-of this notice. If you do not file an appeal by this date, your right to file an appeal will160
172-be lost. For further information on the proper method for filing an appeal, you may161
173-contact the county board of tax assessors which is located at: (insert address) and which162
174-may be contacted by telephone at: (insert telephone number).'163
175-(B) The notice shall also contain the following statements in bold print:164
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177-'The estimate of your ad valorem tax bill for the current year is based on the previous165
178-or most applicable year's millage rate and the fair market value contained in this166
179-notice. The actual tax bill you receive may be more or less than this estimate. This167
180-estimate may not include all eligible exemptions.'168
181-(3) The annual notice required under this Code section shall be mailed no later than169
182-July 1; provided, however, that the annual notice required under this Code section may170
183-be sent later than July 1 for the purpose of notifying property owners of corrections and171
184-mapping changes."172
185-SECTION 2-4.173
186-Said chapter is further amended by revising subparagraph (e)(6)(D) and paragraph (2) of174
187-subsection (g) of Code Section 48-5-311, relating to creation of county boards of175
188-equalization, duties, review of assessments, and appeals, as follows:176
189-"(D)(i) The board of equalization shall announce its decision on each appeal at the177
190-conclusion of the hearing held in accordance with subparagraph (B) of this paragraph178
191-before proceeding with another hearing. The decision of the county board of179
192-equalization shall be in writing, shall be signed by each member of the board, shall180
193-specifically decide each question presented by the appeal, shall specify the reason or181
194-reasons for each such decision as to the specific issues of taxability, uniformity of182
195-assessment, value, or denial of homestead exemptions depending upon the specific183
196-issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall184
197-state that with respect to the appeal no member of the board is disqualified from185
198-acting by virtue of subsection (j) of this Code section, and shall certify the date on186
199-which notice of the decision is given to the parties. Notice of the decision shall be187
200-delivered by hand to each party, with written receipt, or given to each party by188
201-sending a copy of the decision by registered or certified mail or statutory overnight189
202-delivery to the appellant and by filing the original copy of the decision with the190
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204-county board of tax assessors. Each of the three members of the county board of191
205-equalization must be present and must participate in the deliberations on any appeal. 192
206-A majority vote shall be required in any matter. All three members of the board shall193
207-sign the decision indicating their vote.194
208-(ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the195
209-county board of tax assessors shall use the valuation of the county board of196
210-equalization in compiling the tax digest for the county for the year in question and197
211-shall indicate such valuation as the previous year's value on the property tax notice198
212-of assessment of such taxpayer for the immediately following year rather than199
213-substituting the valuation which was changed by the county board of equalization.200
214-(iii)(I) Except as provided in paragraph (4) of subsection (g) of this Code section,201
215-if If the county's tax bills are issued before an appeal has been finally determined,202
216-the county board of tax assessors shall specify to the county tax commissioner the203
217-lesser of the valuation in the last year for which taxes were finally determined to be204
218-due on the property or 85 percent of the current year's value, unless the property in205
219-issue is homestead property and has been issued a building permit and structural206
220-improvements have occurred, or structural improvements have been made without207
221-a building permit, in which case, it shall specify 85 percent of the current year's208
222-valuation as set by the county board of tax assessors. Depending on the209
223-circumstances of the property, this amount shall be the basis for a temporary tax bill210
224-to be issued; provided, however, that, except as provided in paragraph (4) of211
225-subsection (g) of this Code section, a nonhomestead owner of a single property212
226-valued at $2 million or more may elect to pay the temporary tax bill which specifies213
227-85 percent of the current year's valuation; or, such owner may elect to pay the214
228-amount of the difference between the 85 percent tax bill based on the current year's215
229-valuation and the tax bill based on the valuation from the last year for which taxes216
230-were finally determined to be due on the property in conjunction with the amount217
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232-of the tax bill based on valuation from the last year for which taxes were finally218
233-determined to be due on the property, to the tax commissioner's office. Only the219
234-amount which represents the difference between the tax bill based on the current220
235-year's valuation and the tax bill based on the valuation from the last year for which221
236-taxes were finally determined to be due will be held in an escrow account by the tax222
237-commissioner's office. Once the appeal is concluded, the escrowed funds shall be223
238-released by the tax commissioner's office to the prevailing party. The taxpayer may224
239-elect to pay the temporary tax bill in the amount of 100 percent of the current year's225
240-valuation if no substantial property improvement has occurred. The county tax226
241-commissioner shall have the authority to adjust such tax bill to reflect the 100227
242-percent value as requested by the taxpayer. Such tax bill shall be accompanied by228
243-a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of229
244-the appeal process. Such notice shall also indicate that, upon resolution of the230
245-appeal, there may be additional taxes due or a refund issued.231
246-(II) For the purposes of this Code section, any final value that causes a reduction232
247-in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax233
248-commissioner to the taxpayer, entity, or transferee who paid the taxes with interest,234
249-as provided in subsection (m) of this Code section.235
250-(III) For the purposes of this Code section, any final value that causes an increase236
251-in taxes and creates an additional billing shall be paid to the tax commissioner as237
252-any other tax due along with interest, as provided in subsection (m) of this Code238
253-section."239
254-"(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be240
255-effected by emailing, if the county board of tax assessors has adopted a written policy241
256-consenting to electronic service, or by mailing to or filing with the county board of tax242
257-assessors a written petition for review. An appeal by the county board of tax assessors243
258-shall be effected by giving a petition for review to the taxpayer. The petition for review244
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260-given to the taxpayer shall be dated and shall contain the name and the last known245
261-address of the taxpayer. The petition for review shall specifically state the grounds for246
262-appeal. The petition for review shall be mailed or filed within 30 days from the date on247
263-which the decision of the county board of equalization, hearing officer, or arbitrator is248
264-delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or249
265-division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's250
266-petition for review and before the petition for review is filed in superior court, the county251
267-board of tax assessors shall send to the taxpayer notice that a settlement conference, in252
268-which the county board of tax assessors and the taxpayer shall confer in good faith, will253
269-be held at a specified date and time which shall be no later than 30 days from the notice254
270-of the settlement conference, and notice of the amount of the filing fee for a petition for255
271-review, if any, required by the clerk of the superior court. A taxpayer may appear for the256
272-settlement conference in person, by his or her authorized agent or representative, or both. 257
273-The county board of tax assessors, in their discretion and with the consent of the258
274-taxpayer, may alternatively conduct the settlement conference by audio or video259
275-teleconference or any other remote communication medium. The taxpayer may exercise260
276-a one-time option to reschedule the settlement conference to a different date and time261
277-acceptable to the taxpayer during normal business hours. After a settlement conference262
278-has convened, the parties may agree to continue the settlement conference to a later date. 263
279-If at the end of the 45 day review period the county board of tax assessors elects not to264
280-hold a settlement conference, then the appeal shall terminate and the taxpayer's stated265
281-value shall be entered in the records of the board of tax assessors as the fair market value266
282-for the year under appeal and the provisions of subsection (c) of Code Section 48-5-299267
283-shall apply to such value. If the taxpayer chooses not to participate in the settlement268
284-conference, he or she may not seek and shall not be awarded fees and costs at such time269
285-when the petition for review is reviewed in superior court. If neither the taxpayer nor his270
286-or her authorized agent or representative attends a properly scheduled settlement271
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288-conference or does not confer with the board of tax assessors in good faith on the matter,272
289-then such taxpayer shall not receive the benefits of any temporary reduction in the273
290-amount of taxes due pending the outcome of the appeal and shall not be awarded274
291-attorney's fees or costs of litigation in connection with the appeal to the superior court. 275
292-If at the conclusion of the settlement conference the parties reach an agreement, the276
293-settlement value shall be entered in the records of the county board of tax assessors as the277
294-fair market value for the tax year under appeal and the provisions of subsection (c) of278
295-Code Section 48-5-299 shall apply to such value. If at the conclusion of the settlement279
296-conference the parties cannot reach an agreement, then written notice shall be provided280
297-to the taxpayer that the filing fees for the superior court must be paid by the taxpayer by281
298-submitting to the county board of tax assessors a check, money order, or any other282
299-instrument payable to the clerk of the superior court within 20 days of the date of the283
300-conference. Notwithstanding any other provision of law to the contrary, the amount of284
301-the filing fee for an appeal under this subsection shall be $25.00. An appeal under this285
302-subsection shall not be subject to any other fees or additional costs otherwise required286
303-under any provision of Title 15 or under any other provision of law. Within 30 days of287
304-receipt of the taxpayer's payment made out to the clerk of the superior court, or, in the288
305-case of a petition for review filed by the county board of tax assessors, within 30 days of289
306-giving notice of the petition for review to the taxpayer, the county board of tax assessors290
307-shall file with the clerk of the superior court the petition for review and any other papers291
308-specified by the person appealing, including, but not limited to, the staff information from292
309-the file used by the county board of tax assessors, the county board of equalization, the293
310-hearing officer, or the arbitrator. Immediately following payment of such $25.00 filing294
311-fee to the clerk of the superior court, the clerk shall remit the proceeds thereof to the295
312-governing authority of the county which shall deposit the proceeds into the general fund296
313-of the county. All papers and information filed with the clerk shall become a part of the297
314-record on appeal to the superior court. At the time of the filing of the petition for review,298
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316-the county board of tax assessors shall serve the taxpayer and his or her attorney of299
317-record, if any, with a copy of the petition for review filed in the superior court and with300
318-the civil action file number assigned to the appeal. Such service shall be effected in301
319-accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other302
320-pleadings may be filed by the county board of tax assessors in the appeal until such303
321-service has been made."304
322-PART III305
323-SECTION 3-1.306
324-Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem307
325-taxation of property, is amended by adding a new Code section to read as follows:308
326-"48-5-44.2.309
327-(a) For purposes of this Code section, the term:310
328-(1) 'Ad valorem taxes' means all ad valorem taxes levied by, for, or on behalf of the state311
329-or any county, consolidated government, municipality, or local school district in this312
330-state, except for any ad valorem taxes levied to pay interest on and to retire bonded313
331-indebtedness.314
332-(2) 'Adjusted base year value' means the sum of:315
333-(A) The previous adjusted base year assessed value;316
334-(B) An amount equal to the difference between the current year assessed value of the317
335-homestead and the base year assessed value of the homestead, provided that such318
336-amount shall not exceed 3 percent of the previous adjusted base year assessed value of319
337-the homestead; and320
338-(C) The value of any substantial property change, provided that no such value added321
339-improvements to the homestead shall be duplicated as to the same addition or322
340-improvement.323
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342-(3) 'Base year assessed value' means:324
343-(A) With respect to an exemption under this Code section which is first granted to a325
344-person on such person's homestead for the 2025 taxable year, the assessed value for326
345-taxable year 2024, including any final determination of value on appeal pursuant to327
346-Code Section 48-5-311, of the homestead; or328
347-(B) In all other cases, the assessed value, including any final determination of value on329
348-appeal pursuant to Code Section 48-5-311, of the homestead from the taxable year330
349-immediately preceding the taxable year in which the exemption under this Code section331
350-is first granted to the applicant.332
351-(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40.333
352-(5) 'Previous adjusted base year assessed value' means:334
353-(A) With respect to the year for which the exemption under this Code section is first335
354-granted to a person on such person's homestead, the base year assessed value; or336
355-(B) In all other cases, the adjusted base year assessed value of the homestead as337
356-calculated in the taxable year immediately preceding the current year, including any338
357-final determination of value on appeal pursuant to Code Section 48-5-311.339
358-(6) 'Substantial property change' means any increase or decrease in the assessed value340
359-of a homestead derived from additions or improvements to, or the removal of real341
360-property from, the homestead which occurred after the year in which the base year342
361-assessed value is determined for the homestead. The assessed value of the substantial343
362-property changes shall be established following any final determination of value on344
363-appeal pursuant to Code Section 48-5-311.345
364-(b)(1) Each resident of this state is granted an exemption on that person's homestead346
365-from ad valorem taxes in an amount equal to the amount by which the current year347
366-assessed value of that homestead, including any final determination of value on appeal348
367-pursuant to Code Section 48-5-311, exceeds its previous adjusted base year assessed349
368-value.350
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370-(2) Except as provided for in subsection (c) of this Code section, no exemption provided351
371-for in this subsection shall transfer to any subsequent owner of the property, and the352
372-assessed value of the property shall be as provided by law.353
373-(c) The surviving spouse of the person who has been granted the exemption provided for354
374-in subsection (b) of this Code section shall continue to receive the exemption provided355
375-under subsection (b) of this Code section, so long as such surviving spouse continues to356
376-occupy the residence as a homestead.357
377-(d) A person shall not receive the homestead exemption granted by subsection (b) of this358
378-Code section unless such person or person's agent files an application with the tax receiver359
379-or tax commissioner of his or her respective local government or governments charged with360
380-the duty of receiving returns of property for taxation giving such information relative to361
381-receiving such exemption as will enable such tax receiver or tax commissioner to make a362
382-determination regarding the initial and continuing eligibility of such person for such363
383-exemption or has already filed for and is receiving a homestead exemption and such364
384-existing application provides sufficient information to make such determination of365
385-eligibility. Such tax receiver or tax commissioner shall provide application forms for this366
386-purpose.367
387-(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1.368
388-Such exemption shall be automatically renewed from year to year so long as the owner369
389-occupies the residence as a homestead. After a person or a person's agent has filed the370
390-proper application as provided in subsection (d) of this Code section, it shall not be371
391-necessary to make application thereafter for any year, and the exemption shall continue to372
392-be allowed to such person. It shall be the duty of any person granted the homestead373
393-exemption under subsection (b) of this Code section to notify the tax receiver or tax374
394-commissioner of the local government or governments in the event such person for any375
395-reason becomes ineligible for such exemption.376
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397-(f)(1) Except as otherwise provided in paragraph (2) of this subsection, the homestead377
398-exemption granted by subsection (b) of this Code section shall be in addition to and not378
399-in lieu of any other homestead exemption applicable to ad valorem taxes.379
400-(2) The homestead exemption granted by subsection (b) of this Code section shall not380
401-be applied in addition to any other base year value homestead exemption provided by law381
402-with respect to the given taxing jurisdiction to which such law applies. In any such event,382
403-the tax receiver or tax commissioner of the taxpayer's respective local government or383
404-governments charged with the duty of receiving returns of property for taxation shall384
405-apply only the base year value homestead exemption that is larger or more beneficial for385
406-the taxpayer with respect to the particular taxing jurisdictions to which more than one386
407-base year value homestead exemption applies.387
408-(g) The exemption granted by subsection (b) of this Code section shall apply to all taxable388
409-years beginning on or after January 1, 2025."389
410-SECTION 3-2.390
411-The Secretary of State shall call and conduct an election as provided in this section for the391
412-purpose of submitting Section 3-1 of this Act to the electors of the entire state for approval392
413-or rejection. The Secretary of State shall conduct such election no later than the Tuesday393
414-next following the first Monday in November, 2024, and shall issue the call and conduct such394
415-election as provided by general law. The Secretary of State shall cause the date and purpose395
416-of the election to be published once a week for two weeks immediately preceding the date396
417-thereof in the official organ of each county in the state. The ballot shall have written or397
418-printed thereon the words:398
419-- 16 - 24 LC 50 0851S
420-"( ) YES399
421- ( ) NO400
422- 401
423- 402
424- 403
425-Shall a new statewide homestead exemption from ad valorem taxes be
426-approved, which exempts the amount by which the current year assessed
427-value of a homestead exceeds its base year assessed value, provided that
428-such base year assessed value is subject to annual increases of up to
429-3 percent?"
430-All persons desiring to vote for approval of Section 3-1 of this Act shall vote "Yes," and all404
431-persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the405
432-votes cast on such question are for approval of Section 3-1 of this Act, then Section 3-1 of406
433-this Act shall become of full force and effect on January 1, 2025. If Section 3-1 of this Act407
434-is not so approved or if the election is not conducted as provided in this section, then Section408
435-3-1 of this Act shall not become effective and shall be automatically repealed on the first day409
436-of January immediately following such election date. It shall be the duty of each county410
437-election superintendent to certify the results thereof to the Secretary of State.411
438-PART IV412
439-SECTION 4-1.413
440-In accordance with the requirements of Article VII, Section II of the Constitution of the State414
441-of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority415
442-vote in both the Senate and the House of Representatives.416
443-SECTION 4-2.417
444-Except as provided in Section 3-2 of this Act, this Act shall become effective upon its418
445-approval by the Governor or upon its becoming law without such approval; provided,419
446-however, that Part II of this Act shall become effective on January 1, 2025, and shall be420
447-applicable to taxable years beginning on or after January 1, 2025.421
448-- 17 - 24 LC 50 0851S
449-SECTION 4-3.422
450-All laws and parts of laws in conflict with this Act are repealed.423
451-- 18 -
17+To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax
18+1
19+exemption, so as to limit the application of certain local requirements regarding the setting2
20+of millage rates; to provide for a local option adjusted base year homestead exemption from3
21+county, consolidated government, municipality, or school district taxes upon the local4
22+approval of the governing authority and qualified voters of such political subdivisions; to5
23+specify the terms and conditions of the exemption and the procedures relating thereto; to6
24+provide for applicability; to provide for approval by local governing authorities and7
25+referenda; to provide for related matters; to provide for an effective date and contingent8
26+repeal; to repeal conflicting laws; and for other purposes.9
27+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
28+SECTION 1.11
29+Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemption,12
30+is amended in Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating13
31+to certification of assessed taxable value of property and method of computation, resolution14
32+or ordinance required for millage rate, and advertisement of intent to increase property tax,15
33+by adding a new subsection to read as follows:16
34+H. B. 1185 (SUB)
35+- 1 - 24 LC 50 0786S
36+"(g) The provisions of this Code section shall not apply to any levying authority or17
37+recommending authority for which a base year assessed value homestead exemption or18
38+adjusted base year assessed value homestead exemption is in effect."19
39+SECTION 2.20
40+Said chapter is further amended by adding a new Code section to read as follows:21
41+"48-5-44.2.22
42+(a) For purposes of this Code section, the term:23
43+(1) 'Ad valorem taxes' means all ad valorem taxes levied by, for, or on behalf of a given24
44+county, consolidated government, municipality, or local school district in this state,25
45+except for any ad valorem taxes levied to pay interest on and to retire bonded26
46+indebtedness.27
47+(2) 'Adjusted base year value' means, with respect to a given county, consolidated28
48+government, municipality, or local school district, the sum of:29
49+(A) The previous adjusted base year assessed value;30
50+(B) An amount equal to the difference between the current year assessed value of the31
51+homestead and the base year assessed value of the homestead, provided that such32
52+amount shall not exceed the total of the previous adjusted base year assessed value of33
53+the homestead multiplied by the inflation rate for the prior year; and34
54+(C) The value of any substantial property change, provided that no such value added35
55+improvements to the homestead shall be duplicated as to the same addition or36
56+improvement.37
57+(3) 'Base year assessed value' means, with respect to a given county, consolidated38
58+government, municipality, or local school district, the assessed value, including any final39
59+determination of value on appeal pursuant to Code Section 48-5-311, of the homestead40
60+from the taxable year immediately preceding the taxable year in which the local option41
61+H. B. 1185 (SUB)
62+- 2 - 24 LC 50 0786S
63+homestead exemption under this Code section is first granted to the applicant for such42
64+political subdivision.43
65+(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of44
66+the O.C.G.A., as amended.45
67+(5) 'Inflation rate' means the annual inflationary index rate as determined for a given year46
68+by the commissioner in accordance with subsection (g) of this Code section.47
69+(6) 'Previous adjusted base year assessed value' means, with respect to a given county,48
70+consolidated government, municipality, or local school district:49
71+(A) For the year in which a given local option homestead exemption is first granted to50
72+a person on such person's homestead, the base year assessed value; or51
73+(B) For all other years, the adjusted base year assessed value of the homestead as52
74+calculated in the taxable year immediately preceding the current year, including any53
75+final determination of value on appeal pursuant to Code Section 48-5-311.54
76+(7) 'Substantial property change' means any increase or decrease in the assessed value55
77+of a homestead derived from additions or improvements to, or the removal of real56
78+property from, the homestead which occurred after the year in which the base year57
79+assessed value is determined for the homestead. The assessed value of the substantial58
80+property changes shall be established following any final determination of value on59
81+appeal pursuant to Code Section 48-5-311.60
82+(b)(1) As authorized under Paragraph III(b) of Section II of Article VII of the61
83+Constitution, for a given county, consolidated government, municipality, or local school62
84+district which has approved the homestead exemption in the manner provided for in63
85+paragraph (3) of this subsection, each resident of such given political subdivision is64
86+granted an exemption on that person's homestead from ad valorem taxes in an amount65
87+equal to the amount by which the current year assessed value of that homestead,66
88+including any final determination of value on appeal pursuant to Code Section 48-5-311,67
89+exceeds its previous adjusted base year assessed value.68
90+H. B. 1185 (SUB)
91+- 3 - 24 LC 50 0786S
92+(2) Except as provided for in subsection (c) of this Code section, no exemption provided69
93+for in this subsection shall transfer to any subsequent owner of the property, and the70
94+assessed value of the property shall be as provided by law.71
95+(3) The exemption provided for in paragraph (1) of this subsection shall not be72
96+applicable to any county, consolidated government, municipality, or local school district73
97+in this state until January 1 after:74
98+(A) The governing authority of the county, consolidated government, municipality, or75
99+local school district approves the local option homestead exemption by ordinance or76
100+resolution; and77
101+(B) Such ordinance or resolution is approved in a special election held in conformity78
102+with the requirements for special elections pursuant to Title 21 by a majority of the79
103+qualified voters of such county, consolidated government, municipality, or local school80
104+district.81
105+(4)(A) The exemption provided for in paragraph (1) of this subsection shall not be82
106+available to any county, consolidated government, municipality, or local school district83
107+in this state for which any base year value or adjusted base year value homestead84
108+exemption is currently in effect or was in effect as of January 1, 2025.85
109+(B) The governing authority of a political subdivision seeking to repeal a local option86
110+homestead exemption approved under this Code section shall adopt a resolution or87
111+ordinance that repeals the enabling resolution or ordinance and shall submit the88
112+question of the repeal to the qualified voters of such political subdivision. If a majority89
113+of the votes cast are in favor of the question to repeal the local option homestead90
114+exemption, then such exemption shall be repealed as of January 1 of the year following91
115+the certification of such referendum.92
116+(C) The General Assembly shall not repeal or modify the provisions or application of93
117+this Code section with respect to any one or more political subdivisions that have94
118+approved an homestead exemption under this Code section except upon the passage of95
119+H. B. 1185 (SUB)
120+- 4 - 24 LC 50 0786S
121+a general bill by two-third's vote of the General Assembly and the approval of a96
122+majority of voters in a statewide referendum calling for such repeal or modification.97
123+(c) The surviving spouse of the person who has been granted the exemption provided for98
124+in subsection (b) of this Code section shall continue to receive the exemption provided99
125+under subsection (b) of this Code section, so long as such surviving spouse continues to100
126+occupy the residence as a homestead.101
127+(d) A person shall not receive the homestead exemption granted through subsection (b) of102
128+this Code section unless such person or person's agent files an application with the tax103
129+receiver or tax commissioner of his or her respective local government or governments104
130+charged with the duty of receiving returns of property for taxation giving such information105
131+relative to receiving such exemption as will enable such tax receiver or tax commissioner106
132+to make a determination regarding the initial and continuing eligibility of such person for107
133+such exemption or has already filed for and is receiving a homestead exemption and such108
134+existing application provides sufficient information to make such determination of109
135+eligibility. Such tax receiver or tax commissioner shall provide application forms for this110
136+purpose.111
137+(e) Exemptions authorized through this Code section shall be claimed and returned as112
138+provided in Code Section 48-5-50.1 and shall be automatically renewed from year to year113
139+so long as the owner occupies the residence as a homestead. After a person or a person's114
140+agent has filed the proper application as provided in subsection (d) of this Code section, it115
141+shall not be necessary to make application thereafter for any year, and the exemption shall116
142+continue to be allowed to such person. It shall be the duty of any person granted the117
143+homestead exemption through this Code section to notify the tax receiver or tax118
144+commissioner of the local government or governments in the event such person for any119
145+reason becomes ineligible for such exemption.120
146+H. B. 1185 (SUB)
147+- 5 - 24 LC 50 0786S
148+(f) Homestead exemptions granted through subsection (b) of this Code section shall be in121
149+addition to and not in lieu of any other homestead exemption applicable to ad valorem122
150+taxes.123
151+(g) For the purposes of this Code section, the commissioner shall promulgate a124
152+standardized method for determining annual inflationary index rates which reflect the125
153+effects of inflation and deflation on the cost of living for residents of this state for a given126
154+calendar year. Such method may utilize the Consumer Price Index as reported by the127
155+Bureau of Labor Statistics of the United States Department of Labor or any other similar128
156+index established by the federal government if the commissioner determines that such129
157+federal index fairly reflects the effects of inflation and deflation on residents of this state."130
158+SECTION 3.131
159+This Act shall become effective on January 1, 2025; provided, however, that, if a132
160+constitutional amendment which becomes effective on such date and which authorizes the133
161+General Assembly to provide by general law for local option homestead exemptions has not134
162+been ratified, then this Act shall stand automatically repealed on such date.135
163+SECTION 4.136
164+All laws and parts of laws in conflict with this Act are repealed.137
165+H. B. 1185 (SUB)
166+- 6 -