25 LC 47 3344/AP House Bill 476 (AS PASSED HOUSE AND SENATE) By: Representatives Stephens of the 164 th , Petrea of the 166 th , and Franklin of the 160 th A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from Bryan County school district ad valorem taxes for 1 educational purposes in an amount equal to the amount by which the current year assessed2 value of a homestead exceeds the adjusted base year assessed value of such homestead; to3 provide for definitions; to specify the terms and conditions of the exemption and the4 procedures relating thereto; to provide for applicability; to provide for a short title; to provide5 for compliance with constitutional requirements; to provide for a referendum, effective dates,6 automatic repeal, mandatory execution of election, and judicial remedies regarding failure7 to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the "Watson-Stephens-Petrea-Franklin Tax11 Relief Act."12 H. B. 476 - 1 - 25 LC 47 3344/AP SECTION 2. 13 (a) As used in this Act, the term:14 (1) "Ad valorem taxes" means all ad valorem taxes levied by, for, or on behalf of the15 Bryan County school district for educational purposes, except for any ad valorem taxes16 levied to pay interest on and to retire bonded indebtedness.17 (2) "Adjusted base year assessed value" means the sum of:18 (A) The previous adjusted base year assessed value;19 (B) An amount equal to the difference between the current year assessed value of the20 homestead and the base year assessed value of the homestead, provided that such21 amount shall not exceed the total of the previous adjusted base year assessed value of22 the homestead multiplied by the inflation rate for the prior year; and23 (C) The value of any substantial property change, provided that no such value added24 improvements to the homestead shall be duplicated as to the same addition or25 improvement.26 (3) "Base year assessed value" means:27 (A) With respect to an exemption under this section which is first granted to a person28 on such person's homestead for the 2026 taxable year, the assessed value for taxable29 year 2025, including any final determination of value on appeal pursuant to Code30 Section 48-5-311 of the O.C.G.A., of the homestead; or31 (B) In all other cases, the assessed value, including any final determination of value on32 appeal pursuant to Code Section 48-5-311 of the O.C.G.A., of the homestead from the33 taxable year immediately preceding the taxable year in which the exemption under this34 section is first granted to the applicant.35 (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of36 the O.C.G.A., as amended, with the additional qualification that it shall include not more37 than five contiguous acres of homestead property.38 H. B. 476 - 2 - 25 LC 47 3344/AP (5) "Inflation rate" means the annual inflationary index rate as determined for a given 39 year by the Bryan County tax commissioner in accordance with subsection (f) of this40 section.41 (6) "Previous adjusted base year assessed value" means:42 (A) With respect to the year for which the exemption under this section is first granted43 to a person on such person's homestead, the base year assessed value; or44 (B) In all other cases, the adjusted base year assessed value of the homestead as45 calculated in the taxable year immediately preceding the current year, including any46 final determination of value on appeal pursuant to Code Section 48-5-311 of the47 O.C.G.A.48 (7) "Substantial property change" means any increase or decrease in the assessed value49 of a homestead derived from additions or improvements to, or the removal of real50 property from, the homestead which occurred after the year in which the base year51 assessed value is determined for the homestead. The assessed value of the substantial52 property changes shall be established following any final determination of value on53 appeal pursuant to Code Section 48-5-311 of the O.C.G.A.54 (b)(1) Subject to the limitations provided in this section, each resident of the Bryan55 County school district is granted an exemption on that person's homestead from ad56 valorem taxes in an amount equal to the amount by which the current year assessed value57 of that homestead, including any final determination of value on appeal pursuant to Code58 Section 48-5-311, exceeds its previous adjusted base year assessed value.59 (2) Except as provided for in subsection (c) of this section, no exemption provided for60 in this subsection shall transfer to any subsequent owner of the property, and the assessed61 value of the property shall be as provided by law.62 (c) No person shall receive the exemption granted by subsection (b) of this section unless63 such person or person's agent files an application with the tax commissioner of Bryan64 County as will enable the tax commissioner to make a determination regarding the initial65 H. B. 476 - 3 - 25 LC 47 3344/AP and continuing eligibility of such person for such exemption; provided, however, that any 66 person who had previously applied for a homestead exemption, was allowed such67 homestead exemption for the 2025 tax year, and remains eligible for a homestead68 exemption for that same homestead property in the 2026 tax year shall be automatically69 allowed the exemption granted under subsection (b) of this section for that homestead70 without further application. The tax commissioner shall provide application forms for this71 purpose.72 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.173 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year74 to year so long as the person granted the homestead exemption under subsection (b) of this75 section occupies the residence as a homestead. After such person has filed the proper76 application as provided in subsection (c) of this section, it shall not be necessary to make77 application thereafter for any year, and such exemption shall continue to be allowed to such78 person. It shall be the duty of any such person granted the homestead exemption under79 subsection (b) of this section to notify the tax commissioner of Bryan County in the event80 that such person for any reason becomes ineligible for such exemption. The unremarried81 surviving spouse of the person who has been granted the exemption provided for in82 subsection (b) of this section shall continue to receive the exemption provided under83 subsection (b) of this section, so long as that unremarried surviving spouse continues to84 occupy the home as a residence and homestead.85 (e)(1) The exemption granted by subsection (b) of this section shall not apply to or affect86 any state ad valorem taxes, county ad valorem taxes for county purposes, independent87 school district ad valorem taxes for educational purposes, or municipal ad valorem taxes88 for municipal purposes.89 (2) Except as otherwise provided in paragraph (3) of this subsection, the homestead90 exemption granted by subsection (b) of this section shall be in addition to and not in lieu91 of any other homestead exemption applicable to ad valorem taxes.92 H. B. 476 - 4 - 25 LC 47 3344/AP (3) The homestead exemption granted by subsection (b) of this section shall not be 93 applied in addition to any other base year value homestead exemption provided by law94 with respect to the Bryan County school district. In any such event, the Bryan County95 tax commissioner shall apply only the base year value homestead exemption that is larger96 or more beneficial for the taxpayer with respect to the Bryan County school district.97 (f) For the purposes of this section, the Bryan County tax commissioner shall promulgate98 a standardized method for determining annual inflationary index rates which reflect the99 effects of inflation and deflation on the cost of living for residents of Bryan County for a100 given calendar year. Such method may utilize the Consumer Price Index as reported by the101 Bureau of Labor Statistics of the United States Department of Labor or any other similar102 index established by the federal government if the Bryan County tax commissioner103 determines that such federal index fairly reflects the effects of inflation and deflation on104 residents of the Bryan County school district.105 (g) The exemption granted by subsection (b) of this section shall apply to all taxable years106 beginning on or after January 1, 2026.107 SECTION 3.108 In accordance with the requirements of Article VII, Section II of the Constitution of the State109 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority110 vote in both the Senate and the House of Representatives.111 SECTION 4.112 The election superintendent of Bryan County shall call and conduct an election as provided113 in this section for the purpose of submitting this Act to the electors of the Bryan County114 school district for approval or rejection. The election superintendent shall conduct that115 election on the Tuesday following the first Monday in November of 2025 and shall issue the116 call and conduct that election as provided by general law. The election superintendent shall117 H. B. 476 - 5 - 25 LC 47 3344/AP cause the date and purpose of the election to be published once a week for two weeks 118 immediately preceding the date thereof in the official organ of Bryan County. The ballot119 shall have written or printed thereon the words:120 "( ) YES121 122 ( ) NO123 124 125 126 Shall the Act be approved which provides a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of such homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring 127 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on128 such question are for approval of the Act, Section 2 of this Act shall become of full force and129 effect on January 1, 2026. If the Act is not so approved or if the election is not conducted130 as provided in this section, Section 2 of this Act shall not become effective, and this Act shall131 be automatically repealed on the 365th calendar day following the election date provided for132 in this section. The expense of such election shall be borne by Bryan County. It shall be the133 election superintendent's duty to certify the result thereof to the Secretary of State. The134 provisions of this section shall be mandatory upon the election superintendent and are not135 intended as directory. If the election superintendent fails or refuses to comply with this136 section, any elector of the Bryan County school district may apply for a writ of mandamus137 to compel the election superintendent to perform his or her duties under this section. If the138 court finds that the election superintendent has not complied with this section, the court shall139 fashion appropriate relief requiring the election superintendent to call and conduct such140 election on the date required by this section or on the next date authorized for special141 elections provided for in Code Section 21-2-540 of the O.C.G.A.142 H. B. 476 - 6 - 25 LC 47 3344/AP SECTION 5. 143 Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon144 its approval by the Governor or upon its becoming law without such approval.145 SECTION 6.146 All laws and parts of laws in conflict with this Act are repealed.147 H. B. 476 - 7 -