25 LC 50 1061S
The House Committee on Ways and Means offers the following substitute to HB 92:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad1
valorem taxation of property, so as to provide for the required contents of property tax bills;2
to revise a state-wide base year homestead exemption; to clarify that a surviving spouse does3
not need to reapply for such exemption; to postpone the date by which local governing4
authorities are authorized to opt out of such exemption; to provide for hearing requirements;5
to provide for the applicability of an election to opt out; to provide for an additional period6
to apply for a homestead exemption in certain circumstances; to provide for the contents of7
annual notices of assessment; to provide for forms for such notices; to provide for8
requirements for calculating and certifying estimated roll-back rates; to revise definitions;9
to provide for related matters; to provide for an effective date and applicability; to repeal10
conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem14
taxation of property, is amended in Code Section 48-5-2, relating to definitions, by revising15
paragraph (2.1) as follows:16
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"(2.1) 'Estimated roll-back rate' means, for any given levying or recommending authority,17
the current year's estimated millage rate minus the millage equivalent of the total net18
assessed value added by reassessments:19
(A) As as calculated and certified to the tax commissioner by the levying or20
recommending authority pursuant to Code Section 48-5-306.2 for county and21
educational tax purposes; and22
(B) As calculated and certified to the collecting officer of the municipality by the23
levying authority for municipal tax purposes."24
SECTION 2.25
Said chapter is further amended in Code Section 48-5-34, relating to ad valorem property tax26
bill form, by revising subsection (b) as follows:27
"(b) In addition to the requirements of subsection (a) of this Code section, regarding any28
ad valorem property tax bill where if the millage rate adopted by a tax taxing authority29
exceeds the estimated roll-back rate and such estimated roll-back rate was provided in the30
annual notice of assessment, such tax bill shall include a notice containing the name of31
such taxing authority and the following statement in bold print:32
'The adopted millage rate exceeds the estimated roll-back rate as stated in the annual33
notice of assessment that you previously received for this taxable year, which will34
result in an increase in the amount of property tax that you will owe.'"35
SECTION 3.36
Said chapter is further amended in Code Section 48-5-44.2, relating to base year homestead37
exemption, by revising paragraph (4) of subsection (a) and subsections (e) and (i) as follows:38
"(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40,39
with the additional limitation that no more than five acres of the land immediately40
surrounding the residence shall be included."41
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"(e) The exemption granted by subsection (b) of this Code section shall be claimed and42
returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically43
renewed from year to year so long as the owner occupies the residence as a homestead. 44
After a person or a person's agent has filed the proper application or is automatically45
granted the homestead exemption as provided in subsection (d) of this Code section, it shall46
not be necessary for such person or such person's surviving spouse to make application47
thereafter for any year, and the exemption shall continue to be allowed to such person or48
such person's surviving spouse. It shall be the duty of any person granted the homestead49
exemption under subsection (b) or (c) of this Code section to notify the tax receiver or tax50
commissioner of the local government or governments in the event such person for any51
reason becomes ineligible for such exemption."52
"(i) The governing authority of any county, consolidated government, municipality, or53
school district may elect to opt out of the homestead exemption otherwise granted by54
subsection (b) of this Code section with respect to such political subdivision through the55
adoption of a resolution to do the same by March 1, 2025, 31, 2029, after completing the56
following steps:57
(1) The governing authority shall advertise its intent to do so and shall conduct at least58
three public hearings thereon, at least one of which shall commence between the hours59
of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday, and at least one of which60
shall be held no more than 30 days prior to the effective date of such resolution. The61
governing authority shall place an advertisement in a newspaper of general circulation62
serving the residents of the political subdivision and post such advertisement on its63
website, which shall read as follows:64
'INTENT TO OPT OUT OF HOMESTEAD EXEMPTION65
The (name of governing authority) intends to opt out of the statewide adjusted base66
year ad valorem homestead exemption for (name of the political subdivision).67
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All concerned citizens are invited to the public hearing on this matter to be held at68
(place of meeting) on (date and time).69
Times and places of additional public hearings on this matter are at (place of meeting)70
on (date and time).'71
Simultaneously with this notice the governing authority shall provide a press release to72
the local media.73
(2) The advertisement required by paragraph (1) of this subsection shall appear at least74
one week prior to each hearing, be prominently displayed, be not less than 30 square75
inches, and not be placed in that section of the newspaper where legal notices appear and76
shall be posted on the appropriate website at least one week prior to each hearing. In77
addition to the advertisement specified under this paragraph, the levying or78
recommending authority may include in the notice reasons or explanations for its79
intention to opt out of the homestead exemption.80
(3) No resolution to opt out of the homestead exemption shall:81
(A) Become become effective with respect to a political subdivision unless the82
procedures and hearings required by this subsection are completed and a copy of such83
resolution is filed with the Secretary of State by March 1, 2025 March 31, 2029; or84
(B) Be applicable for the tax year for which such resolution was adopted unless the85
procedures and hearings required by this subsection are completed and a copy of such86
resolution is filed with the Secretary of State by March 31 of such tax year."87
SECTION 4.88
Said chapter is further amended in Code Section 48-5-45, relating to application for89
homestead exemption and unlawful to solicit fee to file application for homestead for90
another, by revising subsection (a) as follows:91
"(a)(1) An applicant seeking a homestead exemption as provided in Code92
Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file93
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a written application and schedule with the tax receiver or tax commissioner charged with94
the duty of receiving returns of property for taxation at any time during the calendar year95
subsequent to the property becoming the primary residence of the applicant up to and96
including the date for the closing of the books for the return of taxes for the calendar year,97
except that, in the case of a property which is subject to a reassessment by the board of98
tax assessors, such application and schedule may be filed in conjunction with or in lieu99
of an appeal of the reassessment.100
(2) The failure to file properly the application and schedule on or before the date for the101
closing of the books for the return of taxes of a calendar year in which the taxes are due102
shall constitute a waiver of the homestead exemption on the part of the applicant failing103
to make the application for such exemption for that year."104
SECTION 5.105
Said title is further amended in Code Section 48-5-306, relating to annual notice of current106
assessment, contents, posting notice, and new assessment description, by revising107
paragraph (1) of and by adding a new paragraph to subsection (b) to read as follows:108
"(1) The annual notice of current assessment required to be given by the county board109
of tax assessors under subsection (a) of this Code section shall be dated and shall contain110
the name and last known address of the taxpayer. The annual notice shall conform with111
be given on the applicable state-wide uniform assessment notice form which shall be112
established by the commissioner by rule and regulation and shall contain:113
(A) The amount of the previous assessment;114
(B) The amount of the current assessment;115
(C) The year for which the new assessment is applicable;116
(D) A brief description of the assessed property broken down into real and personal117
property classifications;118
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(E) The fair market value of property of the taxpayer subject to taxation and the119
assessed value of the taxpayer's property subject to taxation after being reduced;120
(F) The name, phone number, and contact information of the person in the assessors'121
office who is administratively responsible for the handling of the appeal and who the122
taxpayer may contact if the taxpayer has questions about the reasons for the assessment123
change or the appeals process;124
(G) If available, the public internet website address of the office of the county board125
of tax assessors;126
(H) A statement that all documents and records used to determine the current value are127
available upon request; and128
(I)(i) For each levying or recommending authority that certified its estimated129
roll-back rate to the board prior to the issuance of such notice, the The current year's130
estimated roll-back rate for each such levying or recommending authority; or131
(ii) For any levying or recommending authority that did not certify its estimated132
roll-back rate to the board prior to the issuance of such notice, the estimated amount133
of ad valorem taxes required to be paid on the assessed property in the current year134
based on the previous year or the most applicable year's millage rate and the amount135
of the current assessment."136
"(2.1) The annual notice of assessment required under this subsection may state the137
estimated amount of ad valorem taxes required to be paid on the assessed property in the138
current year."139
SECTION 6.140
Said chapter is further amended by adding a new Code section to read as follows:141
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"48-5-306.2.142
(a) The levying authority of each county shall annually calculate its estimated roll-back143
rate for the current year and shall certify such rate by March 31 to the county board of tax144
assessors and county tax commissioner.145
(b) The levying authority of each municipality shall annually calculate its estimated146
roll-back rate for the current year and shall certify such rate by March 31 to the collecting147
officer of the municipality and the board or boards of tax assessors for the county or148
counties within which the municipality is located.149
(c) The recommending authority of each school district shall annually calculate its150
estimated roll-back rate for the current year and shall certify such rate by March 31 to the151
collecting officer of the school district and the board or boards of tax assessors for the152
county or counties within which the school district is located."153
SECTION 7.154
This Act shall become effective upon its approval by the Governor or upon its becoming law155
without such approval and shall be applicable to taxable years beginning on or after156
January 1, 2025.157
SECTION 8.158
All laws and parts of laws in conflict with this Act are repealed.159
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