SB407: SB407 Homestead Exemption; Cherokee County school district ad valorem taxes for educational purposes; provide

26 LC 47 3768 Senate Bill 407 By: Senators Dickerson of the 21st, Albers of the 56th and Kirkpatrick of the 32nd AS PASSED A BILL TO BE ENTITLED AN ACT To provide for a homestead exemption from Cherokee County schoo l district ad valorem1 taxes for educational purposes, through tax year 2031, in an amount equal to the amount by2 which the current year assessed value of a homestead exceeds the adjusted base year assessed3 value of such homestead; to provide for definitions; to specify the terms and conditions of4 the exemption and the procedures relating thereto; to provide for related matters; to provide5 for applicability; to provide for compliance with constitutional requirements; to provide for6 a referendum, effective dates, automatic repeal, mandatory execution of election, and judicial7 remedies regarding failure to comply; 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 educational purposes" means all ad v alorem taxes for12 educational purposes levied by, for, or on behalf of the Cherokee County school district,13 but excluding any ad valorem taxes to pay interest on and to retire educational bonded14 indebtedness.15 S. B. 407 - 1 - 26 LC 47 3768 (2) "Base year" means the taxable year immediately preceding the taxable year in which16 the exemption under this Act is first granted to the most recent owner of such homestead;17 provided, however, that the tax commissioner shall adjust the base year assessed value18 annually by no more than 4 percent.19 (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of20 the O.C.G.A., as amended, with the additional qualification that it shall include only the21 primary residence and not more than five contiguous acres of la nd immediately22 surrounding such residence.23 (b) Each resident within the Cherokee County school district is granted an exemption on that24 person's homestead from Cherokee County school district ad valorem taxes for educational25 purposes in an amount equal to the amount by which the current year assessed value of that26 homestead exceeds the adjusted base year assessed value, including any final determination27 of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the28 homestead. This exemption shall apply to taxes assessed on improvements to the homestead29 or additional land that is added to the homestead after January 1 of the base year, provided30 that the base year for assessing the value of such improvements or additions shall be the31 taxable year such improvements or additions were made. If any real property is removed32 from the homestead, the base year assessed value, including any final determination of value33 on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, shall be adjusted34 to reflect such removal and the exemption shall be recalculated accordingly. The value of35 that property in excess of such exempted amount shall remain subject to taxation.36 (c) The surviving spouse of the person who has been granted the exemption provided for in37 subsection (b) of this section shall continue to receive the ex emption provided under38 subsection (b) of this section, so long as that surviving spouse continues to occupy the home39 as a residence and homestead.40 (d) A person shall not receive the homestead exemption granted by subsection (b) of this41 section unless the person or person's agent files an application with the tax commissioner of42 S. B. 407 - 2 - 26 LC 47 3768 Cherokee County giving such information relative to receiving such exemption as will enable43 the tax commissioner to make a determination regarding the initial and continuing eligibility44 of such owner for such exemption. The tax commissioner of Cherokee County shall provide45 application forms for this purpose.46 (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of47 the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year48 so long as the owner occupies the residence as a homestead. Af ter a person has filed the49 proper application as provided in subsection (d) of this section, it shall not be necessary to50 make application thereafter for any year and the exemption shall continue to be allowed to51 such person. It shall be the duty of any person granted the ho mestead exemption under52 subsection (b) of this section to notify the tax commissioner of Cherokee County in the event53 that person for any reason becomes ineligible for that exemption.54 (f) The exemption granted by subsection (b) of this section shall not apply to or affect state55 ad valorem taxes, municipal ad valorem taxes for municipal purposes, municipal ad valorem56 taxes for educational purposes, or county ad valorem taxes for county purposes. The57 homestead exemption granted by subsection (b) of this section shall be in addition to and not58 in lieu of any other homestead exemption applicable to county a d valorem taxes for59 educational purposes.60 (g) The exemption granted by subsection (b) of this section shall apply to all taxable years61 beginning on or after January 1, 2027, through the tax year ending on December 31, 2031.62 SECTION 2.63 In accordance with the requirements of Article VII, Section II of the Constitution of the State64 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority65 vote in both the Senate and the House of Representatives.66 S. B. 407 - 3 - 26 LC 47 3768 SECTION 3.67 The county election superintendent of Cherokee County shall call and conduct an election68 as provided in this section for the purpose of submitting this Act to the electors within the69 Cherokee County school district for approval or rejection. The county election70 superintendent shall set the date of such election on the Tuesd ay next following the first71 Monday in November, 2026. The county election superintendent s hall issue the call and72 conduct such election as provided by general law. The county election superintendent shall73 cause the date and purpose of the election to be published once a w e e k f o r t w o w e e k s74 immediately preceding the date thereof in the official organ of Cherokee County. The ballot75 shall have written or printed thereon the words:76 "( ) YES77 ( ) NO78 79 80 81 82 Shall the Act be approved which provides a homestead exemption from Cherokee County school district ad valorem taxes for educational purposes, through tax year 2031, in an amount equal to the amount by whic h the current year assessed value of a homestead exceeds its adjusted base year assessed value, provided that the base year assessed value of s uch homestead shall be adjusted annually by no more than 4 percent?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons83 desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes84 cast on such question are for approval of the Act, Section 1 of this Act shall become of full85 force and effect on the first day of January, 2027. If the Act is not so approved or if the86 election is not conducted as provided in this section, Section 1 of this Act shall not become87 effective and this Act shall be automatically repealed on the 365th calendar day following88 the election date provided for in this section. The expense of such election shall be borne by89 Cherokee County. It shall be the county election superintendent's duty to certify the result90 thereof to the Secretary of State. The provisions of this section shall be mandatory upon the91 county election superintendent and are not intended as director y. If the county election92 superintendent fails or refuses to comply with this section, an y elector of the Cherokee93 S. B. 407 - 4 - 26 LC 47 3768 County school district may apply for a writ of mandamus to comp el the county election94 superintendent to perform his or her duties under this section. If the court finds that the95 county election superintendent has not complied with this secti on, the court shall fashion96 appropriate relief requiring the county election superintendent to call and conduct such97 election by the date required by this section or on the next da te authorized for special98 elections provided for in Code Section 21-2-540 of the O.C.G.A.99 SECTION 4.100 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon101 its approval by the Governor or upon its becoming law without such approval.102 SECTION 5.103 All laws and parts of laws in conflict with this Act are repealed.104 S. B. 407 - 5 -