| 3 | 3 | | By: Representatives Stephens of the 164 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Petrea of the 166 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Franklin of the 160 |
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| 8 | 8 | | th |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To provide a homestead exemption from Bryan County school district ad valorem taxes for |
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| 13 | 13 | | 1 |
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| 14 | 14 | | educational purposes in an amount equal to the amount by which the current year assessed2 |
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| 15 | 15 | | value of a homestead exceeds the adjusted base year assessed value of such homestead; to3 |
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| 16 | 16 | | provide for definitions; to specify the terms and conditions of the exemption and the4 |
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| 17 | 17 | | procedures relating thereto; to provide for applicability; to provide for a short title; to provide5 |
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| 18 | 18 | | for compliance with constitutional requirements; to provide for a referendum, effective dates,6 |
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| 19 | 19 | | automatic repeal, mandatory execution of election, and judicial remedies regarding failure7 |
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| 20 | 20 | | to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.8 |
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| 21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 22 | 22 | | SECTION 1.10 |
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| 23 | 23 | | This Act shall be known and may be cited as the "Watson-Stephens-Petrea-Franklin Tax11 |
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| 24 | 24 | | Relief Act."12 |
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| 25 | 25 | | H. B. 476 |
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| 27 | 27 | | SECTION 2. |
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| 28 | 28 | | 13 |
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| 29 | 29 | | (a) As used in this Act, the term:14 |
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| 30 | 30 | | (1) "Ad valorem taxes" means all ad valorem taxes levied by, for, or on behalf of the15 |
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| 31 | 31 | | Bryan County school district for educational purposes, except for any ad valorem taxes16 |
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| 32 | 32 | | levied to pay interest on and to retire bonded indebtedness.17 |
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| 33 | 33 | | (2) "Adjusted base year assessed value" means the sum of:18 |
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| 34 | 34 | | (A) The previous adjusted base year assessed value;19 |
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| 35 | 35 | | (B) An amount equal to the difference between the current year assessed value of the20 |
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| 36 | 36 | | homestead and the base year assessed value of the homestead, provided that such21 |
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| 37 | 37 | | amount shall not exceed the total of the previous adjusted base year assessed value of22 |
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| 38 | 38 | | the homestead multiplied by the inflation rate for the prior year; and23 |
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| 39 | 39 | | (C) The value of any substantial property change, provided that no such value added24 |
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| 40 | 40 | | improvements to the homestead shall be duplicated as to the same addition or25 |
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| 41 | 41 | | improvement.26 |
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| 42 | 42 | | (3) "Base year assessed value" means:27 |
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| 43 | 43 | | (A) With respect to an exemption under this section which is first granted to a person28 |
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| 44 | 44 | | on such person's homestead for the 2026 taxable year, the assessed value for taxable29 |
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| 45 | 45 | | year 2025, including any final determination of value on appeal pursuant to Code30 |
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| 46 | 46 | | Section 48-5-311 of the O.C.G.A., of the homestead; or31 |
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| 47 | 47 | | (B) In all other cases, the assessed value, including any final determination of value on32 |
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| 48 | 48 | | appeal pursuant to Code Section 48-5-311 of the O.C.G.A., of the homestead from the33 |
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| 49 | 49 | | taxable year immediately preceding the taxable year in which the exemption under this34 |
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| 50 | 50 | | section is first granted to the applicant.35 |
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| 51 | 51 | | (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of36 |
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| 52 | 52 | | the O.C.G.A., as amended, with the additional qualification that it shall include not more37 |
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| 53 | 53 | | than five contiguous acres of homestead property.38 |
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| 54 | 54 | | H. B. 476 |
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| 56 | 56 | | (5) "Inflation rate" means the annual inflationary index rate as determined for a given |
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| 57 | 57 | | 39 |
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| 58 | 58 | | year by the Bryan County tax commissioner in accordance with subsection (f) of this40 |
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| 59 | 59 | | section.41 |
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| 60 | 60 | | (6) "Previous adjusted base year assessed value" means:42 |
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| 61 | 61 | | (A) With respect to the year for which the exemption under this section is first granted43 |
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| 62 | 62 | | to a person on such person's homestead, the base year assessed value; or44 |
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| 63 | 63 | | (B) In all other cases, the adjusted base year assessed value of the homestead as45 |
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| 64 | 64 | | calculated in the taxable year immediately preceding the current year, including any46 |
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| 65 | 65 | | final determination of value on appeal pursuant to Code Section 48-5-311 of the47 |
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| 66 | 66 | | O.C.G.A.48 |
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| 67 | 67 | | (7) "Substantial property change" means any increase or decrease in the assessed value49 |
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| 68 | 68 | | of a homestead derived from additions or improvements to, or the removal of real50 |
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| 69 | 69 | | property from, the homestead which occurred after the year in which the base year51 |
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| 70 | 70 | | assessed value is determined for the homestead. The assessed value of the substantial52 |
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| 71 | 71 | | property changes shall be established following any final determination of value on53 |
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| 72 | 72 | | appeal pursuant to Code Section 48-5-311 of the O.C.G.A.54 |
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| 73 | 73 | | (b)(1) Subject to the limitations provided in this section, each resident of the Bryan55 |
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| 74 | 74 | | County school district is granted an exemption on that person's homestead from ad56 |
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| 75 | 75 | | valorem taxes in an amount equal to the amount by which the current year assessed value57 |
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| 76 | 76 | | of that homestead, including any final determination of value on appeal pursuant to Code58 |
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| 77 | 77 | | Section 48-5-311, exceeds its previous adjusted base year assessed value.59 |
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| 78 | 78 | | (2) Except as provided for in subsection (c) of this section, no exemption provided for60 |
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| 79 | 79 | | in this subsection shall transfer to any subsequent owner of the property, and the assessed61 |
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| 80 | 80 | | value of the property shall be as provided by law.62 |
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| 81 | 81 | | (c) No person shall receive the exemption granted by subsection (b) of this section unless63 |
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| 82 | 82 | | such person or person's agent files an application with the tax commissioner of Bryan64 |
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| 83 | 83 | | County as will enable the tax commissioner to make a determination regarding the initial65 |
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| 84 | 84 | | H. B. 476 |
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| 86 | 86 | | and continuing eligibility of such person for such exemption; provided, however, that any |
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| 87 | 87 | | 66 |
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| 88 | 88 | | person who had previously applied for a homestead exemption, was allowed such67 |
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| 89 | 89 | | homestead exemption for the 2025 tax year, and remains eligible for a homestead68 |
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| 90 | 90 | | exemption for that same homestead property in the 2026 tax year shall be automatically69 |
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| 91 | 91 | | allowed the exemption granted under subsection (b) of this section for that homestead70 |
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| 92 | 92 | | without further application. The tax commissioner shall provide application forms for this71 |
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| 93 | 93 | | purpose.72 |
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| 94 | 94 | | (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.173 |
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| 95 | 95 | | of the O.C.G.A., as amended. The exemption shall be automatically renewed from year74 |
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| 96 | 96 | | to year so long as the person granted the homestead exemption under subsection (b) of this75 |
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| 97 | 97 | | section occupies the residence as a homestead. After such person has filed the proper76 |
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| 98 | 98 | | application as provided in subsection (c) of this section, it shall not be necessary to make77 |
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| 99 | 99 | | application thereafter for any year, and such exemption shall continue to be allowed to such78 |
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| 100 | 100 | | person. It shall be the duty of any such person granted the homestead exemption under79 |
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| 101 | 101 | | subsection (b) of this section to notify the tax commissioner of Bryan County in the event80 |
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| 102 | 102 | | that such person for any reason becomes ineligible for such exemption. The unremarried81 |
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| 103 | 103 | | surviving spouse of the person who has been granted the exemption provided for in82 |
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| 104 | 104 | | subsection (b) of this section shall continue to receive the exemption provided under83 |
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| 105 | 105 | | subsection (b) of this section, so long as that unremarried surviving spouse continues to84 |
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| 106 | 106 | | occupy the home as a residence and homestead.85 |
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| 107 | 107 | | (e)(1) The exemption granted by subsection (b) of this section shall not apply to or affect86 |
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| 108 | 108 | | any state ad valorem taxes, county ad valorem taxes for county purposes, independent87 |
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| 109 | 109 | | school district ad valorem taxes for educational purposes, or municipal ad valorem taxes88 |
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| 110 | 110 | | for municipal purposes.89 |
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| 111 | 111 | | (2) Except as otherwise provided in paragraph (3) of this subsection, the homestead90 |
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| 112 | 112 | | exemption granted by subsection (b) of this section shall be in addition to and not in lieu91 |
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| 113 | 113 | | of any other homestead exemption applicable to ad valorem taxes.92 |
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| 114 | 114 | | H. B. 476 |
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| 116 | 116 | | (3) The homestead exemption granted by subsection (b) of this section shall not be |
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| 117 | 117 | | 93 |
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| 118 | 118 | | applied in addition to any other base year value homestead exemption provided by law94 |
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| 119 | 119 | | with respect to the Bryan County school district. In any such event, the Bryan County95 |
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| 120 | 120 | | tax commissioner shall apply only the base year value homestead exemption that is larger96 |
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| 121 | 121 | | or more beneficial for the taxpayer with respect to the Bryan County school district.97 |
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| 122 | 122 | | (f) For the purposes of this section, the Bryan County tax commissioner shall promulgate98 |
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| 123 | 123 | | a standardized method for determining annual inflationary index rates which reflect the99 |
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| 124 | 124 | | effects of inflation and deflation on the cost of living for residents of Bryan County for a100 |
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| 125 | 125 | | given calendar year. Such method may utilize the Consumer Price Index as reported by the101 |
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| 126 | 126 | | Bureau of Labor Statistics of the United States Department of Labor or any other similar102 |
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| 127 | 127 | | index established by the federal government if the Bryan County tax commissioner103 |
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| 128 | 128 | | determines that such federal index fairly reflects the effects of inflation and deflation on104 |
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| 129 | 129 | | residents of the Bryan County school district.105 |
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| 130 | 130 | | (g) The exemption granted by subsection (b) of this section shall apply to all taxable years106 |
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| 131 | 131 | | beginning on or after January 1, 2026.107 |
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| 132 | 132 | | SECTION 3.108 |
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| 133 | 133 | | In accordance with the requirements of Article VII, Section II of the Constitution of the State109 |
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| 134 | 134 | | of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority110 |
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| 135 | 135 | | vote in both the Senate and the House of Representatives.111 |
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| 136 | 136 | | SECTION 4.112 |
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| 137 | 137 | | The election superintendent of Bryan County shall call and conduct an election as provided113 |
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| 138 | 138 | | in this section for the purpose of submitting this Act to the electors of the Bryan County114 |
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| 139 | 139 | | school district for approval or rejection. The election superintendent shall conduct that115 |
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| 140 | 140 | | election on the Tuesday following the first Monday in November of 2025 and shall issue the116 |
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| 141 | 141 | | call and conduct that election as provided by general law. The election superintendent shall117 |
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| 142 | 142 | | H. B. 476 |
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| 144 | 144 | | cause the date and purpose of the election to be published once a week for two weeks |
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| 145 | 145 | | 118 |
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| 146 | 146 | | immediately preceding the date thereof in the official organ of Bryan County. The ballot119 |
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| 147 | 147 | | shall have written or printed thereon the words:120 |
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| 148 | 148 | | "( ) YES121 |
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| 149 | 149 | | 122 |
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| 150 | 150 | | ( ) NO123 |
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| 151 | 151 | | 124 |
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| 152 | 152 | | 125 |
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| 153 | 153 | | 126 |
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| 154 | 154 | | Shall the Act be approved which provides a homestead exemption from |
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| 155 | 155 | | Bryan County school district ad valorem taxes for educational purposes in |
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| 156 | 156 | | an amount equal to the amount by which the current year assessed value of |
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| 157 | 157 | | a homestead exceeds the adjusted base year assessed value, including any |
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| 158 | 158 | | final determination of value on appeal pursuant to Code Section 48-5-311 |
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| 159 | 159 | | of the O.C.G.A., as amended, of such homestead?" |
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| 160 | 160 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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| 161 | 161 | | 127 |
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| 162 | 162 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on128 |
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| 163 | 163 | | such question are for approval of the Act, Section 2 of this Act shall become of full force and129 |
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| 164 | 164 | | effect on January 1, 2026. If the Act is not so approved or if the election is not conducted130 |
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| 165 | 165 | | as provided in this section, Section 2 of this Act shall not become effective, and this Act shall131 |
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| 166 | 166 | | be automatically repealed on the 365th calendar day following the election date provided for132 |
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| 167 | 167 | | in this section. The expense of such election shall be borne by Bryan County. It shall be the133 |
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| 168 | 168 | | election superintendent's duty to certify the result thereof to the Secretary of State. The134 |
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| 169 | 169 | | provisions of this section shall be mandatory upon the election superintendent and are not135 |
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| 170 | 170 | | intended as directory. If the election superintendent fails or refuses to comply with this136 |
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| 171 | 171 | | section, any elector of the Bryan County school district may apply for a writ of mandamus137 |
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| 172 | 172 | | to compel the election superintendent to perform his or her duties under this section. If the138 |
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| 173 | 173 | | court finds that the election superintendent has not complied with this section, the court shall139 |
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| 174 | 174 | | fashion appropriate relief requiring the election superintendent to call and conduct such140 |
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| 175 | 175 | | election on the date required by this section or on the next date authorized for special141 |
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| 176 | 176 | | elections provided for in Code Section 21-2-540 of the O.C.G.A.142 |
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| 177 | 177 | | H. B. 476 |
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