HB 1338: Savannah, City of; ad valorem taxes for municipal purposes; homestead exemption; provisions

House Bill 1338

By: Representatives Stephens of the 164th, Hitchens of the 161st, Jackson of the 165th, Petrea of the 166th, and Gilliard of the 162nd

A BILL TO BE ENTITLED

AN ACT

To amend an Act providing for a homestead exemption from certain City of Savannah ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead, approved April 13, 1999 (Ga. L. 1999, p. 4223), as amended, so as to prevent any increases in the adjusted base year assessed value of properties above the value set in tax year 2025; to provide for compliance with constitutional requirements; to provide for a referendum, effective dates, automatic repeal, mandatory execution of election, and judicial remedies regarding failure to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act providing for a homestead exemption from certain City of Savannah ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead, approved April 13, 1999 (Ga. L. 1999, p. 4219), as amended, is amended in Section 1 by revising paragraph (2) of subsection (a) as follows:

"(2) 'Adjusted base year assessed value' means an amount equal to the assessed value of such homestead for the base year, increased annually by the percentage of any increase in the Consumer Price Index for all Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor from the base year to tax year 2025. However, in the event that the assessed value for the current year is less than or equal to the assessed value for the base year, then the adjusted base year assessed value shall equal the current year assessed value. In no event shall the adjusted base year assessed value for a tax year after tax year 2026 exceed the adjusted base year assessed value for such homestead for tax year 2025."

SECTION 2.

In accordance with the requirements of Article VII, Section II of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

SECTION 3.

The municipal election superintendent of the City of Savannah shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Savannah for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday following the first Monday in November of 2026 and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act amending the adjusted base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes ( ) NO be approved so as to prevent any future increases in the adjusted base year assessed value of a homestead above the assessed value of such homestead in tax year 2025?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2027. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the 365th calendar day following the election date provided for in this section. The expense of such election shall be borne by the City of Savannah. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. The provisions of this section shall be mandatory upon the municipal election superintendent and are not intended as directory. If the municipal election superintendent fails or refuses to comply with this section, any elector of the City of Savannah may apply for a writ of mandamus to compel the municipal election superintendent to perform his or her duties under this section. If the court finds that the municipal election superintendent has not complied with this section, the court shall fashion appropriate relief requiring the municipal election superintendent to call and conduct such election on the date required by this section or on the next date authorized for special elections provided for in Code Section 21-2-540 of the O.C.G.A.

SECTION 4.

Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.