24 LC 50 0888S
The Senate Committee on Finance offered the following
substitute to HB 581:
A BILL TO BE ENTITLED
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and1
taxation, so as to revise requirements for notices of tax assessment; to provide that county2
boards of tax assessors shall have the right to appeal concerning sales ratio studies under3
certain conditions; to revise the limitation on increasing new valuations established through4
appeals or agreements; to revise the required contents of annual notices of assessment; to5
revise a defined term; to provide for a state-wide adjusted base year ad valorem homestead6
exemption and provide procedures for opting out of such homestead exemption at the local7
level; to provide for a short title; to provide for an effective date, applicability, and a8
contingent, automatic repeal; to provide for related matters; to repeal conflicting laws; and9
for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
PART I12
SECTION 1-1.13
This Act shall be known and may be cited as the "Save Our Homes Act."14
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PART II15
SECTION 2-1.16
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is17
amended in Code Section 48-5-32.1, relating to certification of assessed taxable value of18
property and method of computation, resolution or ordinance required for millage rate, and19
advertisement of intent to increase property tax, by revising paragraphs (1) and (2) of20
subsection (c) as follows: 21
"(c)(1) Whenever a recommending authority or levying authority shall propose to adopt22
a millage rate which does not exceed the roll-back previous year's millage rate, it shall23
adopt that millage rate at an advertised public meeting and at a time and place which is24
convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures25
specified under Code Section 48-5-32.26
(2) In those instances in which the recommending authority or levying authority27
proposes to establish a general maintenance and operation millage rate which would28
require increases beyond the roll-back previous year's millage rate, the recommending29
authority or levying authority shall advertise its intent to do so and shall conduct at least30
three public hearings thereon, at least one of which shall commence between the hours31
of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending32
authority or levying authority shall place an advertisement in a newspaper of general33
circulation serving the residents of the unit of local government and post such34
advertisement on the website of the recommending or levying authority, which shall read35
as follows:36
'NOTICE OF PROPERTY TAX INCREASE37
The (name of recommending authority or levying authority) ______________________38
(name of recommending authority or levying authority) has tentatively adopted a39
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millage rate which will require an increase in property taxes by (percentage increase40
over roll-back rate) __________________________ (percentage increase over previous41
year's millage rate) percent.42
All concerned citizens are invited to the public hearing on this tax increase to be held43
at (place of meeting) ______________________ (place of meeting) on (date and time) 44
______________________ (date and time).45
Times and places of additional public hearings on this tax increase are at (place of46
meeting) ______________________________ (place of meeting) on (date and time)47
__________________ (date and time).48
This tentative increase will result in a millage rate of (proposed millage rate)49
_______________ (proposed millage rate) mills, an increase of (millage rate increase50
above the roll-back rate) _______________ (millage rate increase above previous year's51
millage rate) mills. Without this tentative tax increase, the millage rate will be no more52
than (roll-back millage rate) ___________________ (previous year's millage rate)53
mills. The proposed tax increase for a home with a fair market value of (average home54
value from previous year's digest rounded to the nearest $25,000.00)55
________________ (average home value from previous year's digest rounded to the56
nearest $25,000.00) is approximately $(increase) $________ (increase) and the57
proposed tax increase for nonhomestead property with a fair market value of (average58
nonhomestead property value from previous year's digest rounded to nearest59
$25,000.00) ________________ (average nonhomestead property value from previous60
year's digest rounded to the nearest $25,000.00) is approximately $(increase) $_______61
(increase).'62
Simultaneously with this notice the recommending authority or levying authority shall63
provide a press release to the local media."64
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SECTION 2-2.65
Said title is further amended in Code Section 48-5-274, relating to the establishment of66
equalized adjusted property tax digest, establishment and use of average ratio, information67
to be furnished by state auditor, grievance procedure, and information to be furnished by68
commissioner, by revising paragraph (1) of subsection (f) as follows:69
"(f)(1) Each county governing authority, each governing authority of a municipality70
having an independent school system, and each local board of education, and each county71
board of tax assessors, when aggrieved or when having an aggrieved constituent, shall72
have a right, upon written request made within 30 days after receipt of the digest73
information, to refer the question of correctness of the current equalized adjusted property74
tax digest of the local school system to the state auditor. The state auditor shall take any75
steps necessary to make a determination of the correctness of the digest and to notify all76
interested parties of the determination within 45 days after receiving the request77
questioning the correctness of the digest."78
SECTION 2-3.79
Said title is further amended in Code Section 48-5-299, relating to ascertainment of taxable80
property, assessments against unreturned personal property, penalty for unreturned property,81
and changing real property values established by appeal in prior year or stipulated by82
agreement, by revising subsection (c) as follows:83
"(c) When the value of real property is reduced or is unchanged from the value on the84
initial annual notice of assessment or a corrected annual notice of assessment issued by the85
board of tax assessors and such reduced valuation has been established as the result of an86
appeal decision rendered by the board of equalization, hearing officer, arbitrator, or87
superior court pursuant to Code Section 48-5-311 or stipulated by written agreement signed88
by the board of tax assessors and taxpayer or taxpayer's authorized representative, the new89
valuation so established by appeal decision or agreement may not be increased by the board90
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of tax assessors during the next two successive years, unless otherwise agreed in writing91
by both parties, subject to the following exceptions:92
(1) This subsection shall not apply to a valuation established by an appeal decision if the93
taxpayer or his or her authorized representative failed to attend the appeal hearing or94
provide the board of equalization, hearing officer, or arbitrator with some written95
evidence supporting the taxpayer's opinion of value;96
(2) This subsection shall not apply to a valuation established by an appeal decision or97
agreement if the taxpayer files a return at a different valuation during the next two98
successive years;99
(3) Unless otherwise agreed in writing by both parties, if the taxpayer files an appeal100
pursuant to Code Section 48-5-311 during the next two successive years, the board of tax101
assessors, the board of equalization, hearing officer, or arbitrator may increase or102
decrease the value of the real property based on the evidence presented by the taxpayer103
during the appeal process; and104
(4) The board of tax assessors may increase or decrease the value of the real property if,105
after a visual on-site inspection of the property, it is found that there have been substantial106
additions, deletions, or improvements to such property or that there are errors in the board107
of tax assessors' records as to the description or characterization of the property, or the108
board of tax assessors finds an occurrence of other material factors that substantially109
affect the current fair market value of such property."110
SECTION 2-4.111
Said title is further amended in Code Section 48-5-306, relating to annual notice of current112
assessment, contents, posting notice, and new assessment description, by revising paragraphs113
(1) and (2) of subsection (b) as follows:114
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"(b) Contents of notice.115
(1) The annual notice of current assessment required to be given by the county board of116
tax assessors under subsection (a) of this Code section shall be dated and shall contain117
the name and last known address of the taxpayer. The annual notice shall conform with118
the state-wide uniform assessment notice which shall be established by the commissioner119
by rule and regulation and shall contain:120
(A) The amount of the previous assessment;121
(B) The amount of the current assessment;122
(C)(A) The year for which the new assessment is applicable;123
(D)(B) A brief description of the assessed property broken down into real and personal124
property classifications;125
(E)(C) The fair market value of property of the taxpayer subject to taxation and the for126
the prior year and the current year;127
(D) A list of all ad valorem tax exemptions that have been granted for and are128
applicable to the current tax year;129
(E) The prior year's and current year's assessed value of the taxpayer's property subject130
to taxation after being reduced by any ad valorem exemptions that have been granted131
for and are applicable to the assessment for such year;132
(F) The name, phone telephone number, and contact information of the person in the133
assessors' office who is administratively responsible for the handling of the appeal and134
who the taxpayer may contact if the taxpayer has questions about the reasons for the135
assessment change or the appeals process;136
(G) If available, the website address of the office of the county board of tax assessors;137
and138
(H) A statement that all documents and records used to determine the current value are139
available upon request.140
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(2)(A) In addition to the items required under paragraph (1) of this subsection, the notice141
shall contain a statement of the taxpayer's right to an appeal and an estimate of the current142
year's taxes for all levying authorities which shall be in substantially the following form:143
'The amount of your ad valorem tax bill for this year will be based on the appraised and144
assessed values specified in this notice. You have the right to appeal these values to the145
county board of tax assessors. At the time of filing your appeal you must select one of146
the following options:147
(i)(A) An appeal to the county board of equalization with appeal to the superior court;148
(ii)(B) To arbitration without an appeal to the superior court; or149
(iii)(C) For a parcel of nonhomestead property with a fair market value in excess of150
$500,000.00 as shown on the taxpayer's annual notice of current assessment under this151
Code section, or for one or more account numbers of wireless property as defined in152
subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value153
in excess of $500,000.00 as shown on the taxpayer's annual notice of current154
assessment under this Code section, to a hearing officer with appeal to the superior155
court.156
If you wish to file an appeal, you must do so in writing no later than 45 days after the date157
of this notice. If you do not file an appeal by this date, your right to file an appeal will158
be lost. For further information on the proper method for filing an appeal, you may159
contact the county board of tax assessors which is located at: (insert address) and which160
may be contacted by telephone at: (insert telephone number).'161
(B) The notice shall also contain the following statements in bold print:162
'The estimate of your ad valorem tax bill for the current year is based on the previous163
or most applicable year's millage rate and the fair market value contained in this164
notice. The actual tax bill you receive may be more or less than this estimate. This165
estimate may not include all eligible exemptions.'"166
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SECTION 2-5.167
Said title is further amended in Code Section 48-5-311, relating to creation of county boards168
of equalization, duties, review of assessments, and appeals, by revising paragraph (2) of169
subsection (g) as follows:170
"(2)(A) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall171
be effected by emailing, if the county board of tax assessors has adopted a written172
policy consenting to electronic service, or by mailing to or filing with the county board173
of tax assessors a written petition for review. An appeal by the county board of tax174
assessors shall be effected by giving a petition for review to the taxpayer. The petition175
for review given to the taxpayer shall be dated and shall contain the name and the last176
known address of the taxpayer. The petition for review shall specifically state the177
grounds for appeal. The petition for review shall be mailed or filed within 30 days from178
the date on which the decision of the county board of equalization, hearing officer, or179
arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection180
(e.1), or division (f)(3)(C)(ix) of this Code section.181
(B) Within 45 days of receipt of a taxpayer's petition for review and before the petition182
for review is filed in superior court, the county board of tax assessors shall send to the183
taxpayer notice that a settlement conference, in which the county board of tax assessors184
and the taxpayer shall confer in good faith, will be held at a specified date and time185
which shall be no later than 30 days from the notice of the settlement conference, and186
notice of the amount of the filing fee for a petition for review, if any, required by the187
clerk of the superior court. A taxpayer may appear for the settlement conference in188
person, by his or her authorized agent or representative, or both. The county board of189
tax assessors, in their discretion and with the consent of the taxpayer, may alternatively190
conduct the settlement conference by audio or video teleconference or any other remote191
communication medium. The taxpayer may exercise a one-time option to reschedule192
the settlement conference to a different date and time acceptable to the taxpayer during193
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normal business hours. After a settlement conference has convened, the parties may194
agree to continue the settlement conference to a later date.195
(C) If at the end of the 45 day review period the county board of tax assessors elects196
not to hold a settlement conference, then the appeal shall terminate and the taxpayer's197
stated value shall be entered in the records of the board of tax assessors as the fair198
market value for the year under appeal and the provisions of subsection (c) of Code199
Section 48-5-299 shall apply to such value. If the taxpayer chooses not to participate200
in the settlement conference, he or she may not seek and shall not be awarded fees and201
costs at such time when the petition for review is reviewed in superior court. If neither202
the taxpayer nor his or her authorized agent or representative attends a properly203
scheduled settlement conference or confers with the county board of tax assessors in204
good faith on the matter, then such taxpayer shall not receive the benefits of any205
temporary reduction in the amount of taxes due pending the outcome of the appeal and206
shall not be awarded attorney's fees or costs of litigation in connection with the appeal207
to the superior court.208
(D) If at the conclusion of the settlement conference the parties reach an agreement,209
the settlement value shall be entered in the records of the county board of tax assessors210
as the fair market value for the tax year under appeal and the provisions of subsection211
(c) of Code Section 48-5-299 shall apply to such value. If at the conclusion of the212
settlement conference the parties cannot reach an agreement, then written notice shall213
be provided to the taxpayer that the filing fees for the superior court must be paid by214
the taxpayer by submitting to the county board of tax assessors a check, money order,215
or any other instrument payable to the clerk of the superior court within 20 days of the216
date of the conference.217
(E) Notwithstanding any other provision of law to the contrary, the amount of the filing218
fee for an appeal under this subsection shall be $25.00. An appeal under this subsection219
shall not be subject to any other fees or additional costs otherwise required under any220
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provision of Title 15 or under any other provision of law. Within 30 days of receipt of221
the taxpayer's payment made out to the clerk of the superior court, or, in the case of a222
petition for review filed by the county board of tax assessors, within 30 days of giving223
notice of the petition for review to the taxpayer, the county board of tax assessors shall224
file with the clerk of the superior court the petition for review and any other papers225
specified by the person appealing, including, but not limited to, the staff information226
from the file used by the county board of tax assessors, the county board of227
equalization, the hearing officer, or the arbitrator. Immediately following payment of228
such $25.00 filing fee to the clerk of the superior court, the clerk shall remit the229
proceeds thereof to the governing authority of the county which shall deposit the230
proceeds into the general fund of the county. 231
(F) All papers and information filed with the clerk shall become a part of the record on232
appeal to the superior court. At the time of the filing of the petition for review, the233
county board of tax assessors shall serve the taxpayer and his or her attorney of record,234
if any, with a copy of the petition for review filed in the superior court and with the235
civil action file number assigned to the appeal. Such service shall be effected in236
accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or237
other pleadings may be filed by the county board of tax assessors in the appeal until238
such service has been made."239
PART III240
SECTION 3-1.241
Said title is further amended in Code Section 48-5-2, relating to definitions relative to ad242
valorem taxation of property, by revising the introductory language of paragraph (3) as243
follows:244
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"(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay245
for the property and a willing seller would accept for the property at an arm's length, bona246
fide sale. The income approach, if data are available, shall be considered in determining247
the fair market value of income-producing property. If actual income and expense data248
are voluntarily supplied by the property owner, such data shall be considered in such249
determination. Notwithstanding any other provision of this chapter to the contrary, the250
transaction amount of the most recent arm's length, bona fide sale in any year shall be the251
maximum allowable fair market value for the next taxable year. With respect to the252
valuation of equipment, machinery, and fixtures when no ready market exists for the sale253
of the equipment, machinery, and fixtures, fair market value may be determined by254
resorting to any reasonable, relevant, and useful information available, including, but not255
limited to, the original cost of the property, any depreciation or obsolescence, and any256
increase in value by reason of inflation. Each tax assessor shall have access to any public257
records of the taxpayer for the purpose of discovering such information."258
SECTION 3-2.259
Said title is further amended by adding a new Code section to read as follows:260
"48-5-44.2.261
(a) For purposes of this Code section, the term:262
(1) 'Ad valorem taxes' means all ad valorem taxes levied by, for, or on behalf of the state263
or any county, consolidated government, municipality, or school system in this state,264
except for any ad valorem taxes levied to pay interest on and to retire bonded265
indebtedness.266
(2) 'Adjusted base year assessed value' means the sum of:267
(A) The previous adjusted base year assessed value;268
(B) An amount equal to the difference between the current year assessed value of the269
homestead and the base year assessed value of the homestead, provided that such270
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amount shall not exceed 3 percent of the previous adjusted base year assessed value of271
the homestead; and272
(C) The value of any substantial property change, provided that no such value added273
improvements to the homestead shall be duplicated as to the same addition or274
improvement.275
(3) 'Base year assessed value' means:276
(A) With respect to an exemption under this Code section which is first granted to a277
person on such person's homestead for the 2025 taxable year, the assessed value for278
taxable year 2024, including any final determination of value on appeal pursuant to279
Code Section 48-5-311, of the homestead; or280
(B) In all other cases, the assessed value, including any final determination of value on281
appeal pursuant to Code Section 48-5-311, of the homestead from the taxable year282
immediately preceding the taxable year in which the exemption under this Code section283
is first granted to the applicant.284
(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40.285
(5) 'Previous adjusted base year assessed value' means:286
(A) With respect to the year for which the exemption under this Code section is first287
granted to a person on such person's homestead, the base year assessed value; or288
(B) In all other cases, the adjusted base year assessed value of the homestead as289
calculated in the taxable year immediately preceding the current year, including any290
final determination of value on appeal pursuant to Code Section 48-5-311.291
(6) 'Substantial property change' means any increase or decrease in the assessed value292
of a homestead derived from additions or improvements to, or the removal of real293
property from, the homestead which occurred after the year in which the base year294
assessed value is determined for the homestead. The assessed value of the substantial295
property changes shall be established following any final determination of value on296
appeal pursuant to Code Section 48-5-311.297
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(b)(1) Each resident of this state is granted an exemption on that person's homestead298
from ad valorem taxes in an amount equal to the amount by which the current year299
assessed value of that homestead, including any final determination of value on appeal300
pursuant to Code Section 48-5-311, exceeds its previous adjusted base year assessed301
value.302
(2) Except as provided for in subsection (c) of this Code section, no exemption provided303
for in this subsection shall transfer to any subsequent owner of the property, and the304
assessed value of the property shall be as provided by law.305
(c) The surviving spouse of the person who has been granted the exemption provided for306
in subsection (b) of this Code section shall continue to receive the exemption provided307
under subsection (b) of this Code section, so long as such surviving spouse continues to308
occupy the residence as a homestead.309
(d) No person shall receive the exemption granted by subsection (b) of this Code section310
unless such person or person's agent files an application with the tax receiver or tax311
commissioner of his or her local government or governments charged with the duty of312
receiving returns of property for taxation, giving such information relative to receiving313
such exemption as will enable such tax receiver or tax commissioner to make a314
determination regarding the initial and continuing eligibility of such person for such315
exemption; provided, however, that any person who had previously applied for a316
homestead exemption, was allowed such homestead exemption for the 2024 tax year, and317
remains eligible for a homestead exemption for that same homestead in the 2025 tax year,318
shall be automatically allowed the exemption granted under subsection (b) of this Code319
section for that homestead without further application. Such tax receiver or tax320
commissioner shall provide application forms for this purpose.321
(e) The exemption granted by subsection (b) of this Code section shall be claimed and322
returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically323
renewed from year to year so long as the owner occupies the residence as a homestead.324
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After a person or a person's agent has filed the proper application as provided in subsection325
(d) of this Code section, it shall not be necessary to make application thereafter for any326
year, and the exemption shall continue to be allowed to such person. It shall be the duty327
of any person granted the homestead exemption under subsection (b) of this Code section328
to notify the tax receiver or tax commissioner of the local government or governments in329
the event such person for any reason becomes ineligible for such exemption.330
(f)(1) Except as otherwise provided in paragraph (2) of this subsection, the homestead331
exemption granted by subsection (b) of this Code section shall be in addition to and not332
in lieu of any other homestead exemption applicable to ad valorem taxes.333
(2) The homestead exemption granted by subsection (b) of this Code section shall not334
be applied in addition to any other base year value homestead exemption provided by law335
with respect to the given taxing jurisdiction to which the law applies. In any such event,336
the tax receiver or tax commissioner of the taxpayer's local government or governments337
charged with the duty of receiving returns of property for taxation shall apply only the338
base year value homestead exemption that is greater or more beneficial for the taxpayer339
with respect to the particular taxing jurisdictions to which more than one base year value340
homestead exemption applies.341
(g) The exemption granted by subsection (b) of this Code section shall apply to all taxable342
years beginning on or after January 1, 2025, provided that:343
(1) A constitutional amendment is ratified and becomes effective on January 1, 2025,344
which authorizes the General Assembly to provide by general law for a homestead345
exemption that shall not be applicable to certain political subdivisions which elect to opt346
out of the homestead exemption by a date certain; and347
(2) The exemption granted by subsection (b) of this Code section shall not be applicable348
for any county, consolidated government, municipality, or school system for which the349
governing authority of such political subdivision adopts an opt-out resolution in350
accordance with subsection (h) of this Code section.351
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(h) The governing authority of any county, consolidated government, municipality, or352
school system may elect to opt out of the homestead exemption otherwise granted by353
subsection (b) of this Code section with respect to such political subdivision through the354
adoption of a resolution by March 1, 2025, after completing the following steps:355
(1) The governing authority shall advertise its intent to do so and shall conduct at least356
three public hearings thereon, at least one of which shall commence between the hours357
of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The governing authority358
shall place an advertisement in a newspaper of general circulation serving the residents359
of the political subdivision and post such advertisement on its website, which shall read360
as follows:361
'INTENT TO OPT OUT OF HOMESTEAD EXEMPTION362
The (name of governing authority) intends to opt out of the state-wide adjusted base363
year ad valorem homestead exemption for (name of the political subdivision).364
All concerned citizens are invited to the public hearing on this matter to be held at365
(place of meeting) on (date and time).366
Times and places of additional public hearings on this matter are at (place of meeting)367
on (date and time).'368
Simultaneously with this notice the governing authority shall provide a press release to369
the local media.370
(2) The advertisement required by paragraph (1) of this subsection shall appear at least371
one week prior to each hearing, be prominently displayed, not be less than 30 square372
inches, and not be placed in that section of the newspaper where legal notices appear and373
shall be posted on the appropriate website at least one week prior to each hearing. In374
addition to the advertisement specified under this paragraph, the levying or375
recommending authority may include in the notice reasons or explanations for its376
intention to opt out of the homestead exemption.377
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(3) No resolution to opt out of the homestead exemption shall become effective with378
respect to a political subdivision unless the procedures and hearings required by this379
subsection are completed and a copy of such resolution is filed with the Secretary of State380
by March 1, 2025."381
PART IV382
SECTION 4-1.383
This Act shall become effective on January 1, 2025, and shall be applicable to taxable years384
beginning on or after January 1, 2025; provided, however, that, if a constitutional amendment385
which becomes effective on such date and which authorizes the General Assembly to provide386
by general law for a homestead exemption that applies statewide, but that permits political387
subdivisions to individually opt out of such homestead exemption, has not been ratified, then388
this Act shall stand automatically repealed on such date.389
SECTION 4-2.390
All laws and parts of laws in conflict with this Act are repealed.391
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