LC 50 1125S
The House Committee on Rules 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 procedures to rescind5
an election to opt out of such exemption; to provide for an additional period to apply for a6
homestead exemption in certain circumstances; to provide for the contents of annual notices7
of assessment; to provide for forms for such notices; to provide for requirements for8
calculating and certifying estimated roll-back rates; to revise definitions; to provide for9
related matters; to provide for an effective date and applicability; to repeal conflicting laws;10
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) and by38
adding a new subsection to read as follows:39
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"(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40,40
with the additional limitation that no more than five acres of the land immediately41
surrounding the residence shall be included."42
"(e) The exemption granted by subsection (b) of this Code section shall be claimed and43
returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically44
renewed from year to year so long as the owner occupies the residence as a homestead. 45
After a person or a person's agent has filed the proper application or is automatically46
granted the homestead exemption as provided in subsection (d) of this Code section, it shall47
not be necessary for such person or such person's surviving spouse to make application48
thereafter for any year, and the exemption shall continue to be allowed to such person or49
such person's surviving spouse. It shall be the duty of any person granted the homestead50
exemption under subsection (b) or (c) of this Code section to notify the tax receiver or tax51
commissioner of the local government or governments in the event such person for any52
reason becomes ineligible for such exemption."53
"(i)(1) The governing authority of any county, consolidated government, municipality,54
or school district may elect to opt out of the homestead exemption otherwise granted by55
subsection (b) of this Code section with respect to such political subdivision through the56
adoption of a resolution to do the same by March 1 31, 2025, after completing the57
following steps:58
(1)(A) The governing authority shall advertise its intent to do so and shall conduct at59
least three public hearings thereon, at least one of which shall commence between the60
hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The governing61
authority shall place an advertisement in a newspaper of general circulation serving the62
residents of the political subdivision and post such advertisement on its website, which63
shall read as follows:64
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'INTENT TO OPT OUT OF HOMESTEAD EXEMPTION65
The (name of governing authority) intends to opt out of the statewide adjusted66
base year ad valorem homestead exemption for (name of the political subdivision).67
All concerned citizens are invited to the public hearing on this matter to be held68
at (place of meeting) on (date and time).69
Times and places of additional public hearings on this matter are at (place of70
meeting) on (date and time).'71
Simultaneously with this notice the governing authority shall provide a press release to72
the local media.; and73
(2)(B) The advertisement required by subparagraph (A) of this paragraph (1) of this74
subsection shall appear at least one week prior to each hearing, be prominently75
displayed, be not less than 30 square inches, and not be placed in that section of the76
newspaper where legal notices appear and shall be posted on the appropriate website77
at least one week prior to each hearing. In addition to the advertisement specified under78
this paragraph, the levying or recommending authority may include in the notice79
reasons or explanations for its intention to opt out of the homestead exemption.80
(3)(2) No resolution to opt out of the homestead exemption shall become effective with81
respect to a political subdivision unless the procedures and hearings required by this82
subsection are completed and a copy of such resolution is filed with the Secretary of State83
by March 1 31, 2025.84
(3) The governing authority of any county, consolidated government, municipality, or85
school district that has elected to opt out pursuant to this subsection may rescind such86
election by adopting a resolution to do so and filing a copy of such resolution with the87
Secretary of State by March 31, 2025."88
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SECTION 4.89
Said chapter is further amended in Code Section 48-5-45, relating to application for90
homestead exemption and unlawful to solicit fee to file application for homestead for91
another, by revising subsection (a) as follows:92
"(a)(1) An applicant seeking a homestead exemption as provided in Code93
Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file94
a written application and schedule with the tax receiver or tax commissioner charged with95
the duty of receiving returns of property for taxation at any time during the calendar year96
subsequent to the property becoming the primary residence of the applicant up to and97
including the date for the closing of the books for the return of taxes for the calendar year,98
except that, in the case of a property which is subject to a reassessment by the board of99
tax assessors, such application and schedule may be filed in conjunction with or in lieu100
of an appeal of the reassessment.101
(2) The failure to file properly the application and schedule on or before the date for the102
closing of the books for the return of taxes of a calendar year in which the taxes are due103
shall constitute a waiver of the homestead exemption on the part of the applicant failing104
to make the application for such exemption for that year."105
SECTION 5.106
Said title is further amended in Code Section 48-5-306, relating to annual notice of current107
assessment, contents, posting notice, and new assessment description, by revising108
paragraph (1) of and by adding a new paragraph to subsection (b) to read as follows:109
"(1) The annual notice of current assessment required to be given by the county board110
of tax assessors under subsection (a) of this Code section shall be dated and shall contain111
the name and last known address of the taxpayer. The annual notice shall conform with112
be given on the applicable state-wide uniform assessment notice form which shall be113
established by the commissioner by rule and regulation and shall contain:114
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(A) The amount of the previous assessment;115
(B) The amount of the current assessment;116
(C) The year for which the new assessment is applicable;117
(D) A brief description of the assessed property broken down into real and personal118
property classifications;119
(E) The fair market value of property of the taxpayer subject to taxation and the120
assessed value of the taxpayer's property subject to taxation after being reduced;121
(F) The name, phone number, and contact information of the person in the assessors'122
office who is administratively responsible for the handling of the appeal and who the123
taxpayer may contact if the taxpayer has questions about the reasons for the assessment124
change or the appeals process;125
(G) If available, the public internet website address of the office of the county board126
of tax assessors;127
(H) A statement that all documents and records used to determine the current value are128
available upon request; and129
(I)(i) For each levying or recommending authority that certified its estimated130
roll-back rate to the board prior to the issuance of such notice, the The current year's131
estimated roll-back rate for each such levying or recommending authority; or132
(ii) For any levying or recommending authority that did not certify its estimated133
roll-back rate to the board prior to the issuance of such notice, the estimated amount134
of ad valorem taxes required to be paid on the assessed property in the current year135
based on the previous year or the most applicable year's millage rate and the amount136
of the current assessment."137
"(2.1) The annual notice of assessment required under this subsection may state the138
estimated amount of ad valorem taxes required to be paid on the assessed property in the139
current year."140
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SECTION 6.141
Said chapter is further amended by adding a new Code section to read as follows:142
"48-5-306.2.143
(a) The levying authority of each county shall annually calculate its estimated roll-back144
rate for the current year and shall certify such rate by March 31 to the county board of tax145
assessors and county tax commissioner.146
(b) The levying authority of each municipality shall annually calculate its estimated147
roll-back rate for the current year and shall certify such rate by March 31 to the collecting148
officer of the municipality and the board or boards of tax assessors for the county or149
counties within which the municipality is located.150
(c) The recommending authority of each school district shall annually calculate its151
estimated roll-back rate for the current year and shall certify such rate by March 31 to the152
collecting officer of the school district and the board or boards of tax assessors for the153
county or counties within which the school district is located."154
SECTION 7.155
This Act shall become effective upon its approval by the Governor or upon its becoming law156
without such approval and shall be applicable to taxable years beginning on or after157
January 1, 2025.158
SECTION 8.159
All laws and parts of laws in conflict with this Act are repealed.160
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