23 LC 43 2489 H. B. 36 - 1 - House Bill 36 By: Representative Martin of the 49 th A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad 1 valorem taxation of property, so as to revise the language required to be included in the2 notices of current assessment; to add hearing officer review for tax assessment of certain3 business personal property; to provide for related matters; to provide for an effective date;4 to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem8 taxation of property, is amended in Code Section 48-5-306, relating to annual notice of9 current assessment, contents, posting notice, and new assessment description, by revising10 paragraph (2) of subsection (b) as follows:11 "(2)(A) In addition to the items required under paragraph (1) of this subsection, the12 notice shall contain a statement of the taxpayer's right to an appeal and an estimate of13 the current year's taxes for all levying authorities which shall be in substantially the14 following form:15 23 LC 43 2489 H. B. 36 - 2 - 'The amount of your ad valorem tax bill for this year will be based on the appraised and 16 assessed values specified in this notice. You have the right to appeal these values to the17 county board of tax assessors. At the time of filing your appeal, you must select one18 of the following options:19 (i) An appeal to the county board of equalization with appeal to the superior court;20 (ii) To arbitration without an appeal to the superior court; or21 (iii) To a hearing officer with appeal to the superior court for any:22 (I) Parcel For a parcel of nonhomestead property with a fair market value in excess23 of $500,000.00 as shown on the taxpayer's annual notice of current assessment24 under this Code section;, or for one25 (II) One or more account numbers of wireless property as defined in subparagraph26 (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess27 of $500,000.00 as shown on the taxpayer's annual notice of current assessment28 under this Code section, to a hearing officer with appeal to the superior court; or29 (III) One or more account numbers of any taxable tangible personal property other30 than wireless property as defined in subparagraph (e.1)(1)(B) of Code Section31 48-5-311 with an aggregate fair market value in excess of $200,000.00 as shown on32 the taxpayer's annual notice of current assessment under this Code section.33 If you wish to file an appeal, you must do so in writing no later than 45 days after the34 date of this notice. If you do not file an appeal by this date, your right to file an appeal35 will be lost. For further information on the proper method for filing an appeal, you may36 contact the county board of tax assessors which is located at: (insert address) and which37 may be contacted by telephone at: (insert telephone number).'38 (B) The notice shall also contain the following statements in bold print:39 'The estimate of your ad valorem tax bill for the current year is based on the previous40 or most applicable year's millage rate and the fair market value contained in this41 23 LC 43 2489 H. B. 36 - 3 - notice. The actual tax bill you receive may be more or less than this estimate. This 42 estimate may not include all eligible exemptions.'"43 SECTION 2.44 Said chapter is further amended in Code Section 48-5-311, relating to creation of county45 boards of equalization, duties, review of assessments, and appeals, by revising subparagraph46 (e)(1)(A) of subsection (e) and paragraph (1) of subsection (e.1) as follows:47 "(e) Appeal.48 (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect49 to file an appeal from an assessment by the county board of tax assessors to: 50 (i) The county board of equalization as to matters of taxability, uniformity of51 assessment, and value, and, for residents, as to denials of homestead exemptions52 pursuant to paragraph (2) of this subsection;53 (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code54 section; 55 (iii) A hearing officer as to matters of value and uniformity of assessment for a parcel56 of nonhomestead real property with a fair market value in excess of $500,000.00 as57 shown on the taxpayer's annual notice of current assessment under Code Section58 48-5-306, and any contiguous nonhomestead real property owned by the same59 taxpayer, pursuant to subsection (e.1) of this Code section; or 60 (iv) A hearing officer as to matters of values or uniformity of assessment of one or61 more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of62 this Code section with an aggregate fair market value in excess of $500,000.00 as63 shown on the taxpayer's annual notice of current assessment under Code Section64 48-5-306, pursuant to subsection (e.1) of this Code section; or65 (v) A hearing officer as to matters of values or uniformity of assessment of one or66 more account numbers of any taxable tangible personal property other than wireless67 23 LC 43 2489 H. B. 36 - 4 - property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate68 fair market value in excess of $200,000.00 as shown on the taxpayer's annual notice69 of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of70 this Code section."71 "(e.1) Appeals to hearing officer.72 (1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead73 real property with a fair market value in excess of $500,000.00 as shown on the74 taxpayer's annual notice of current assessment under Code Section 48-5-306, at the75 option of the taxpayer, an appeal may be submitted to a hearing officer in accordance76 with this subsection. If such taxpayer owns nonhomestead real property contiguous to77 such qualified nonhomestead real property, at the option of the taxpayer, such78 contiguous property may be consolidated with the qualified property for purposes of the79 hearing under this subsection. 80 (B)(i) As used in this subparagraph, the term 'wireless property' means tangible81 personal property or equipment used directly for the provision of wireless services by82 a provider of wireless services which is attached to or is located underneath a wireless83 cell tower or at a network data center location but which is not permanently affixed84 to such tower or data center so as to constitute a fixture. 85 (ii) For any dispute involving the values or uniformity of one or more account86 numbers of wireless property as defined in this subparagraph with an aggregate fair87 market value in excess of $500,000.00 as shown on the taxpayer's annual notice of88 current assessment under Code Section 48-5-306, at the option of the taxpayer, an89 appeal may be submitted to a hearing officer in accordance with this subsection.90 (C) For any dispute involving the values or uniformity of one or more account numbers91 of any taxable tangible personal property other than wireless property as defined in92 subparagraph (B) of this paragraph with an aggregate fair market value in excess of93 $200,000.00 as shown on the taxpayer's annual notice of current assessment under Code94 23 LC 43 2489 H. B. 36 - 5 - Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing95 officer in accordance with this subsection."96 SECTION 3.97 This Act shall become effective on January 1, 2024.98 SECTION 4.99 All laws and parts of laws in conflict with this Act are repealed. 100