HB252: HB252 Newnan, City of; ad valorem tax; provide homestead exemption

25 LC 44 3027S/AP House Bill 252 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 70th and Bonner of the 73rd A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from City of Newnan ad valorem taxes for municipal1 purposes in an amount equal to the amount by which the current year assessed value of a2 homestead exceeds the base year assessed value of such homestea d; to provide for3 definitions; to specify the terms and conditions of the exemption and the procedures relating4 thereto; to provide for applicability; to provide for complianc e with c onstitutional5 requirements; to provide for a referendum, effective dates, aut omatic repeal, mandatory6 execution of election, and judicial remedies regarding failure to comply; to provide for7 related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 (a) As used in this Act, the term:11 (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal12 purposes levied by, for, or on behalf of the City of Newnan, except for any ad valorem13 taxes to pay interest on and to retire municipal bonded indebtedness.14 H. B. 252 - 1 - 25 LC 44 3027S/AP (2) "Base year" means the taxable year immediately preceding the taxable year in which15 the exemption under subsection (b) of this section is first gra nted to the most recent16 owner of such homestead.17 (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of18 the O.C.G.A., as amended, with the additional qualification that it shall include not more19 than five contiguous acres of homestead property.20 (b) Each resident of the City of Newnan is granted an exemption on such person's homestead21 from City of Newnan ad valorem taxes for municipal purposes in an amount equal to the22 amount by which the current year assessed value of such homestead exceeds the base year23 assessed value of such homestead. This exemption shall not app ly to taxes assessed on24 improvements to such homestead or additional land that is added to such homestead after25 January 1 of the base year. If any real property is removed from such homestead, the base26 year assessed value shall be adjusted to reflect such removal, and the exemption shall be27 recalculated accordingly. The value of that property in excess of such exempted amount28 shall remain subject to taxation.29 (c) A person shall not receive the homestead exemption granted by subsection (b) of this30 section unless such person or person's agent files an application with the governing authority31 of the City of Newnan, or the designee thereof, providing such information relative to32 receiving such exemption as will enable the governing authority of the City of Newnan, or33 the designee thereof, to make a determination regarding the initial and continuing eligibility34 of such person for such exemption. The governing authority of the City of Newnan, or the35 designee thereof, shall provide application forms for this purpose.36 (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of37 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year38 so long as the person granted the homestead exemption under subsection (b) of this section39 occupies the residence as a homestead. After such person has filed the proper application as40 provided in subsection (c) of this section, it shall not be nec essary to make application41 H. B. 252 - 2 - 25 LC 44 3027S/AP thereafter for any year, and such exemption shall continue to be allowed to such person. It42 shall be the duty of any such person granted the homestead exemption under subsection (b)43 of this section to notify the governing authority of the City o f Newnan, or the designee44 thereof, in the event that such person for any reason becomes ineligible for such exemption.45 (e)(1) The exemption granted by subsection (b) of this section shall not apply to or affect46 any state ad valorem taxes, county ad valorem taxes for county purposes, or county or47 independent school district ad valorem taxes for educational purposes.48 (2) Except as otherwise provided in paragraph (3) of this subs ection, the homestead49 exemption granted by subsection (b) of this Code section shall be in addition to and not50 in lieu of any other homestead exemption applicable to ad valorem taxes.51 (3) The homestead exemption granted by subsection (b) of this section shall not be52 applied in addition to any other base year value homestead exemption provided by law53 with respect to the given taxing jurisdiction to which the such law applies. In any such54 event, the tax receiver or tax commissioner of the taxpayer's respective local government55 or governments charged with the duty of receiving returns of pr operty taxation shall56 apply only the base year value homestead exemption that is larger or more beneficial for57 the taxpayer with respect to the particular taxing jurisdiction s to which more than one58 base year value homestead exemption applies.59 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years60 beginning on or after January 1, 2026.61 SECTION 2.62 In accordance with the requirements of Article VII, Section II of the Constitution of the State63 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority64 vote in both the Senate and the House of Representatives.65 H. B. 252 - 3 - 25 LC 44 3027S/AP SECTION 3.66 The municipal election superintendent of the City of Newnan sha ll call and conduct an67 election as provided in this section for the purpose of submitting this Act to the electors of68 the City of Newnan for approval or rejection. The municipal election superintendent shall69 conduct that election on the Tuesday after the first Monday in November of 2025 and shall70 issue the call and conduct that election as provided by general law. The municipal election71 superintendent shall cause the date and purpose of the election to be published once a week72 for two weeks immediately preceding the date thereof in the off icial organ of Coweta73 County. The ballot shall have written or printed thereon the words:74 "( ) YES75 76 ( ) NO77 78 Shall the Act be approved which provides a homestead exemption from City of Newnan ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homest ead exceeds the base year assessed value of such homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring79 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on80 such question are for approval of the Act, Section 1 of this Act shall become of full force and81 effect on January 1, 2026. If the Act is not so approved or if the election is not conducted82 as provided in this section, Section 1 of this Act shall not become effective, and this Act shall83 be automatically repealed on the 365th calendar day following the election date provided for84 in this section. The expense of such election shall be borne by the City of Newnan. It shall85 be the municipal election superintendent's duty to certify the result thereof to the Secretary86 of State. The provisions of this section shall be mandatory up on the municipal election87 superintendent and are not intended as directory. If the munic ipal election superintendent88 fails or refuses to comply with this section, any elector of the City of Newnan may apply for89 a writ of mandamus to compel the municipal election superintendent to perform his or her90 duties under this section. If the court finds that the municipal election superintendent has not91 complied with this section, the court shall fashion appropriate relief requiring the municipal92 H. B. 252 - 4 - 25 LC 44 3027S/AP election superintendent to call and conduct such election on the date required by this section93 or on the next date authorized for special elections provided f or in Code Section 21-2-54094 of the O.C.G.A.95 SECTION 4.96 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon97 its approval by the Governor or upon its becoming law without such approval.98 SECTION 5.99 All laws and parts of laws in conflict with this Act are repealed.100 H. B. 252 - 5 -