25 LC 50 1164S
The Senate Committee on Finance offered 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 require local governing authorities that opted out4
of such exemption to follow the procedures to opt out each year for such opt out to remain5
effective; to provide for procedures to rescind an election to opt out; to provide for an6
additional period to apply for a homestead exemption in certain circumstances; to provide7
for the contents of annual notices of assessment; to provide for forms for such notices; to8
provide for requirements for calculating and certifying estimated roll-back rates; to revise9
definitions; to provide for related matters; to provide for an effective date and applicability;10
to repeal 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) and by38
adding a new subsection to read as follows:39
"(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40,40
with the additional limitation that it shall include:41
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(A) Only the primary residence and not more than five contiguous acres of land42
immediately surrounding such residence; or43
(B) If the property is assessed pursuant to Code Section 48-5-7.4 or 48-5-7.7, only the44
primary residence and the portion of the underlying property that is excluded from the45
benefit of such assessment pursuant to subparagraph (a)(1)(B) of Code Section 48-5-7.446
or subparagraph (b)(2)(B) of Code Section 48-5-7.7."47
"(e) The exemption granted by subsection (b) or (c) of this Code section shall be claimed48
and returned as provided in Code Section 48-5-50.1. Such exemption shall be49
automatically renewed from year to year so long as the owner occupies the residence as a50
homestead. After a person or a person's agent has filed the proper application or is51
automatically granted the homestead exemption as provided in subsection (d) of this Code52
section, it shall not be necessary for such person or such person's surviving spouse to make53
application thereafter for any year, and the exemption shall continue to be allowed to such54
person or such person's surviving spouse. It shall be the duty of any person granted the55
homestead exemption under subsection (b) or (c) of this Code section to notify the tax56
receiver or tax commissioner of the local government or governments in the event such57
person for any reason becomes ineligible for such exemption."58
"(i)(1) The governing authority of any county, consolidated government, municipality,59
or school district may elect to opt out of the homestead exemption otherwise granted by60
subsection (b) of this Code section with respect to such political subdivision through the61
adoption of a resolution to do the same by March 1, 2025, after completing the following62
steps:63
(1)(A) The governing authority shall advertise its intent to do so and shall conduct at64
least three public hearings thereon, at least one of which shall commence between the65
hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The governing66
authority shall place an advertisement in a newspaper of general circulation serving the67
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residents of the political subdivision and post such advertisement on its website, which68
shall read as follows:69
'INTENT TO OPT OUT OF HOMESTEAD EXEMPTION70
The (name of governing authority) intends to opt out of the statewide adjusted71
base year ad valorem homestead exemption for (name of the political subdivision).72
All concerned citizens are invited to the public hearing on this matter to be held73
at (place of meeting) on (date and time).74
Times and places of additional public hearings on this matter are at (place of75
meeting) on (date and time).'76
Simultaneously with this notice the governing authority shall provide a press release to77
the local media.; and78
(2)(B) The advertisement required by subparagraph (A) of this paragraph (1) of this79
subsection shall appear at least one week prior to each hearing, be prominently80
displayed, be not less than 30 square inches, and not be placed in that section of the81
newspaper where legal notices appear and shall be posted on the appropriate website82
at least one week prior to each hearing. In addition to the advertisement specified under83
this paragraph, the levying or recommending authority may include in the notice84
reasons or explanations for its intention to opt out of the homestead exemption.85
(3)(2)(A) No resolution election to opt out of the homestead exemption shall become86
effective with respect to a political subdivision unless the procedures and hearings87
required by paragraph (1) of this subsection are completed and a copy of such88
resolution is filed with the Secretary of State by March 1, 2025.89
(B) For the election to opt out of the homestead exemption otherwise granted by this90
Code section to remain effective for a political subdivision after tax year 2025, the91
governing authority shall comply with the same procedures and hearings required92
pursuant to paragraph (1) of this subsection and shall file a copy of the resolution with93
the Secretary of State by March 1 of each year.94
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(3) The governing authority of any county, consolidated government, municipality, or95
school district that has elected to opt out pursuant to this subsection may rescind such96
election at any time by adopting a resolution to do so and filing a copy of such resolution97
with the Secretary of State; provided, however, that such resolution to rescind the election98
to opt out shall only be effective for a tax year if a copy of the resolution is filed with the99
Secretary of State by March 1 of the such tax year."100
SECTION 4.101
Said chapter is further amended in Code Section 48-5-45, relating to application for102
homestead exemption and unlawful to solicit fee to file application for homestead for103
another, by revising subsection (a) as follows:104
"(a)(1) An applicant seeking a homestead exemption as provided in Code105
Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file106
a written application and schedule with the tax receiver or tax commissioner charged with107
the duty of receiving returns of property for taxation at any time during the calendar year108
subsequent to the property becoming the primary residence of the applicant up to and109
including the date for the closing of the books for the return of taxes for the calendar year,110
except that, in the case of a property which is subject to a reassessment by the board of111
tax assessors, such application and schedule may be filed in conjunction with or in lieu112
of an appeal of the reassessment.113
(2) The failure to file properly the application and schedule on or before the date for the114
closing of the books for the return of taxes of a calendar year in which the taxes are due115
shall constitute a waiver of the homestead exemption on the part of the applicant failing116
to make the application for such exemption for that year."117
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SECTION 5.118
Said title is further amended in Code Section 48-5-306, relating to annual notice of current119
assessment, contents, posting notice, and new assessment description, by revising120
paragraph (1) of subsection (b) as follows:121
"(1) The annual notice of current assessment required to be given by the county board122
of tax assessors under subsection (a) of this Code section shall be dated and shall contain123
the name and last known address of the taxpayer. The annual notice shall conform with124
be given on the applicable state-wide uniform assessment notice form which shall be125
established by the commissioner by rule and regulation and shall contain:126
(A) The amount of the previous assessment;127
(B) The amount of the current assessment;128
(C) The year for which the new assessment is applicable;129
(D) A brief description of the assessed property broken down into real and personal130
property classifications;131
(E) The fair market value of property of the taxpayer subject to taxation and the132
assessed value of the taxpayer's property subject to taxation after being reduced;133
(F) The name, phone number, and contact information of the person in the assessors'134
office who is administratively responsible for the handling of the appeal and who the135
taxpayer may contact if the taxpayer has questions about the reasons for the assessment136
change or the appeals process;137
(G) If available, the public internet website address of the office of the county board138
of tax assessors;139
(H) A statement that all documents and records used to determine the current value are140
available upon request; and141
(I)(i) The current year's estimated roll-back rate for each levying or recommending142
authority that certified its estimated general maintenance and operations roll-back rate143
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for the current year to the county board of tax assessors and county tax commissioner144
by the date specified under Code Section 48-5-306.2; or145
(ii) For each levying or recommending authority that did not certify its estimated146
general maintenance and operations roll-back rate to the county board of tax assessors147
and county tax commissioner by the date specified in Code Section 48-5-306.2, the148
previous year's millage rate levied by the authority."149
SECTION 6.150
Said chapter is further amended by adding a new Code section to read as follows:151
"48-5-306.2.152
Each levying and recommending authority, in accordance with the procedures specified153
under Code Section 48-5-32.1, shall annually calculate its estimated general maintenance154
and operations roll-back rate for the current year and shall certify such rate to the county155
board of tax assessors and county tax commissioner no less than 15 days prior to the156
postmark of the annual notice of assessment."157
SECTION 7.158
This Act shall become effective upon its approval by the Governor or upon its becoming law159
without such approval and shall be applicable to taxable years beginning on or after160
January 1, 2025.161
SECTION 8.162
All laws and parts of laws in conflict with this Act are repealed.163
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