Georgia 2025-2026 Regular Session

Georgia Senate Bill SB334 Compare Versions

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11 25 LC 61 0208
22 Senate Bill 334
33 By: Senator Moore of the 53rd
4-AS PASSED SENATE
54 A BILL TO BE ENTITLED
65 AN ACT
76 To provide a homestead exemption from City of Trion independent school district ad
87 1
98 valorem taxes for educational purposes in an amount equal to the amount by which the2
109 current year assessed value of a homestead exceeds the base year assessed value of such3
1110 homestead; to provide for definitions; to specify the terms and conditions of the exemption4
1211 and the procedures relating thereto; to provide for applicability; to provide for compliance5
1312 with constitutional requirements; to provide for a referendum, effective dates, automatic6
1413 repeal, mandatory execution of election, and judicial remedies regarding failure to comply;7
1514 to provide for related matters; to repeal conflicting laws; and for other purposes.8
1615 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
1716 SECTION 1.10
1817 (a) As used in this Act, the term:11
1918 (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for12
2019 educational purposes levied by, for, or on behalf of the City of Trion independent school13
2120 district, except for any ad valorem taxes to pay interest on and to retire independent14
2221 school district bonded indebtedness.15
2322 S. B. 334
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2524 (2) "Base year" means the taxable year immediately preceding the taxable year in which
2625 16
2726 the exemption under subsection (b) of this section is first granted to the most recent17
2827 owner of such homestead.18
2928 (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of19
3029 the O.C.G.A., as amended, with the additional qualification that it shall include not more20
3130 than five contiguous acres of homestead property.21
3231 (b) Each resident of the City of Trion independent school district is granted an exemption22
3332 on such person's homestead from City of Trion independent school district ad valorem taxes23
3433 for educational purposes in an amount equal to the amount by which the current year24
3534 assessed value of such homestead exceeds the base year assessed value, including any final25
3635 determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as26
3736 amended, of such homestead. This exemption shall not apply to taxes assessed on27
3837 improvements to such homestead or additional land that is added to such homestead after28
3938 January 1 of the base year. If any real property is removed from such homestead, the base29
4039 year assessed value, including any final determination of value on appeal pursuant to Code30
4140 Section 48-5-311 of the O.C.G.A., as amended, shall be adjusted to reflect such removal, and31
4241 the exemption shall be recalculated accordingly. The value of that property in excess of such32
4342 exempted amount shall remain subject to taxation.33
4443 (c) A person shall not receive the homestead exemption granted by subsection (b) of this34
4544 section unless such person or person's agent files an application with the governing authority35
4645 of the City of Trion, or the designee thereof, providing such information relative to receiving36
4746 such exemption as will enable the governing authority of the City of Trion, or the designee37
4847 thereof, to make a determination regarding the initial and continuing eligibility of such38
4948 person for such exemption. The governing authority of the City of Trion, or the designee39
5049 thereof, shall provide application forms for this purpose.40
5150 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of41
5251 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year42
5352 S. B. 334
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5554 so long as the person granted the homestead exemption under subsection (b) of this section
5655 43
5756 occupies the residence as a homestead. After such person has filed the proper application as44
5857 provided in subsection (c) of this section, it shall not be necessary to make application45
5958 thereafter for any year, and such exemption shall continue to be allowed to such person. It46
6059 shall be the duty of any such person granted the homestead exemption under subsection (b)47
6160 of this section to notify the governing authority of the City of Trion, or the designee thereof,48
6261 in the event that such person for any reason becomes ineligible for such exemption.49
6362 (e) The exemption granted by subsection (b) of this section shall not apply to or affect any50
6463 state ad valorem taxes, county ad valorem taxes for county purposes, county school district51
6564 ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal52
6665 purposes. The homestead exemption granted by subsection (b) of this section shall be in53
6766 addition to and not in lieu of any other homestead exemption applicable to City of Trion54
6867 independent school district ad valorem taxes for educational purposes.55
6968 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years56
7069 beginning on or after January 1, 2026.57
7170 SECTION 2.58
7271 In accordance with the requirements of Article VII, Section II of the Constitution of the State59
7372 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority60
7473 vote in both the Senate and the House of Representatives.61
7574 SECTION 3.62
7675 The municipal election superintendent of the City of Trion shall call and conduct an election63
7776 as provided in this section for the purpose of submitting this Act to the electors of the City64
7877 of Trion independent school district for approval or rejection. The municipal election65
7978 superintendent shall conduct that election on the Tuesday following the first Monday in66
8079 November of 2025 and shall issue the call and conduct that election as provided by general67
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8382 law. The municipal election superintendent shall cause the date and purpose of the election
8483 68
8584 to be published once a week for two weeks immediately preceding the date thereof in the69
8685 official organ of Chattooga County. The ballot shall have written or printed thereon the70
8786 words:71
8887 "( ) YES72
8988 73
9089 ( ) NO74
9190 75
9291 76
9392 77
9493 Shall the Act be approved which provides a homestead exemption from City
9594 of Trion independent school district ad valorem taxes for educational
9695 purposes in an amount equal to the amount by which the current year
9796 assessed value of a homestead exceeds the base year assessed value,
9897 including any final determination of value on appeal pursuant to Code
9998 Section 48-5-311 of the O.C.G.A., as amended, of such homestead?"
10099 All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring
101100 78
102101 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on79
103102 such question are for approval of the Act, Section 1 of this Act shall become of full force and80
104103 effect on January 1, 2026. If the Act is not so approved or if the election is not conducted as81
105104 provided in this section, Section 1 of this Act shall not become effective, and this Act shall82
106105 be automatically repealed on the 365th calendar day following the election date provided for83
107106 in this section. The expense of such election shall be borne by the City of Trion. It shall be84
108107 the municipal election superintendent's duty to certify the result thereof to the Secretary of85
109108 State. The provisions of this section shall be mandatory upon the municipal election86
110109 superintendent and are not intended as directory. If the municipal election superintendent87
111110 fails or refuses to comply with this section, any elector of the City of Trion independent88
112111 school district may apply for a writ of mandamus to compel the municipal election89
113112 superintendent to perform his or her duties under this section. If the court finds that the90
114113 municipal election superintendent has not complied with this section, the court shall fashion91
115114 appropriate relief requiring the municipal election superintendent to call and conduct such92
116115 election on the date required by this section or on the next date authorized for special93
117116 elections provided for in Code Section 21-2-540 of the O.C.G.A.94
118117 S. B. 334
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120119 SECTION 4.
121120 95
122121 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon96
123122 its approval by the Governor or upon its becoming law without such approval.97
124123 SECTION 5.98
125124 All laws and parts of laws in conflict with this Act are repealed.99
126125 S. B. 334
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