25 LC 50 1048
House Bill 463
By: Representatives Blackmon of the 146
th
, Burns of the 159
th
, Hatchett of the 155
th
, Gilliard
of the 162
nd
, Stephens of the 164
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia
1
Annotated, relating to tax exemptions, so as to provide for a state-wide homestead exemption2
from ad valorem taxes for certain senior citizens who volunteer with local governments in3
an amount to be determined by such local governments; to provide for definitions; to specify4
the terms and conditions of the exemption and the procedures relating thereto; to provide for5
applicability; to provide for approval and identification of additional terms and conditions6
by local governing authorities; to provide for related matters; to provide for compliance with7
constitutional requirements; to provide for a referendum, effective dates, and automatic8
repeal; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated,12
relating to tax exemptions, is amended by adding a new Code section to read as follows:13
"48-5-44.3.
14
(a) As used in this Code section, the term:15
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(1) 'Ad valorem taxes' means all ad valorem taxes levied by, for, or on behalf of the state16
or any county, consolidated government, municipality, or local school district in this17
state, except for any ad valorem taxes levied to pay interest on and to retire bonded18
indebtedness.19
(2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40.20
(3) 'Senior citizen' means a person who is 65 years of age or older on or before January 121
of the year in which application for the exemption under subsection (b) of this Code22
section is made.23
(4) 'Volunteer work' means the performance of work by an individual as a volunteer, 24
during the year prior to the year in which application for the exemption under subsection25
(b) of this Code section is made, for the local government from which the applicant seeks26
an exemption pursuant to this Code section.27
(b)(1) Subject to local approval as provided for in paragraph (3) of this subsection, each28
resident of this state who is a senior citizen is granted an exemption on that person's29
homestead from ad valorem taxes in an amount as provided for pursuant to the ordinance30
or resolution adopted pursuant to paragraph (3) of this subsection.31
(2) Except as provided for in subsection (c) of this Code section, no exemption provided32
for in this subsection shall transfer to any subsequent owner of the property, and the33
assessed value of the property shall be as provided by law.34
(3)(A) The exemption provided for in paragraph (1) of this subsection shall not be35
applicable to any county, consolidated government, municipality, or local school36
district in this state until January 1 of the calendar year after which the governing37
authority of the county, consolidated government, municipality, or local school district38
adopts such exemption by ordinance or resolution as provided for in subparagraph (B)39
of this paragraph.40
(B) An ordinance or resolution adopted pursuant to subparagraph (A) of this paragraph41
shall include:42
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(i) The maximum dollar amount of the available exemption, which amount shall not43
exceed the lesser of $500.00 or the total amount of the tax owed per year;44
(ii) The maximum number of senior citizens who may claim the exemption in any45
taxable year, or if there is no such maximum;46
(iii) The hourly credit for volunteer work, which shall not exceed $10.00 per hour;47
(iv) The date in each taxable year by which application shall be made for the48
exemption; and49
(v) The types of volunteer work that shall be eligible toward the exemption.50
(c) The surviving spouse of the person who was granted the exemption provided for in51
subsection (b) of this Code section shall continue to receive such exemption so long as such52
surviving spouse continues to occupy the residence as a homestead.53
(d) A person shall not receive the homestead exemption provided for in subsection (b) of54
this Code section for any taxable year unless and until such person or such person's agent55
annually files an application with the tax receiver or tax commissioner that person's56
respective local government or governments charged with the duty of receiving returns of57
property for taxation. Such application shall provide the person's age and such additional58
information relative to receiving such exemption as will enable such tax receiver or tax59
commissioner to make a determination regarding the eligibility of such person for such60
exemption. Such tax receiver or tax commissioner shall provide application forms for this61
purpose.62
(e) The exemption provided for in subsection (b) of this Code section shall be claimed and63
returned as provided in Code Section 48-5-50.1. It shall be the duty of any person granted64
such homestead exemption to notify the tax receiver or tax commissioner of the local65
government or governments charged with the duty of receiving returns of property for66
taxation in the event such person for any reason becomes ineligible for such exemption.67
(f) The exemption provided for in subsection (b) of this Code section shall be in addition68
to and not in lieu of any other homestead exemption applicable to ad valorem taxes.69
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(g) The exemption provided for in subsection (b) of this Code section shall apply to all70
taxable years beginning on or after January 1, 2027."71
SECTION 2.72
In accordance with the requirements of Article VII, Section II of the Constitution of the State73
of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority74
vote in both the Senate and the House of Representatives.75
SECTION 3.76
The Secretary of State shall call and conduct an election as provided in this section for the77
purpose of submitting this Act to the electors of the entire state for approval or rejection. The78
Secretary of State shall conduct such election on the Tuesday next following the first79
Monday in November, 2026, and shall issue the call and conduct such election as provided80
by general law. The Secretary of State shall cause the date and purpose of the election to be81
published once a week for two weeks immediately preceding the date thereof in the official82
organ of each county in the state. The ballot shall have written or printed thereon the words:83
"( ) YES84
( ) NO85
86
87
88
89
Shall the Act be approved which provides a state-wide homestead
exemption from ad valorem taxes for certain senior citizens who volunteer
with local governments in an amount to be determined by such local
governments, but not to exceed the lesser of $500.00 or the total amount of
the tax owed per year, subject to approval of and enactment of additional
terms and conditions by the applicable local governing authority?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring
90
to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on91
such question are for approval of the Act, Section 1 of this Act shall become of full force and92
effect on January 1, 2027; provided, however, that an amendment to the Constitution to93
provide for local governments to have the option to offer a state-wide homestead exemption94
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from ad valorem taxes in an amount equal to any amount by which the current year assessed
95
value of a homestead exceeds the inflation rate from the adjusted base year value of such96
homestead as provided by general law is ratified by the voters at the November, 2026,97
state-wide general election. If such an amendment is not so ratified, then this Act shall not98
become effective and shall stand repealed on January 1, 2027. If the Act is not so approved,99
if the election is not conducted, or if the constitutional amendment is not ratified as provided100
in this section, Section 1 of this Act shall not become effective and this Act shall be101
automatically repealed on the first day of January immediately following such election date. 102
It shall be the duty of each county election superintendent to certify the results thereof to the103
Secretary of State.104
SECTION 4.105
Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon106
its approval by the Governor or upon its becoming law without such approval.107
SECTION 5.108
All laws and parts of laws in conflict with this Act are repealed.109
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