HB1338: HB1338 Savannah, City of; ad valorem taxes for municipal purposes; homestead exemption; provisions

26 LC 47 3797 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 certai n City of Savannah ad1 valorem taxes for municipal purposes in an amount equal to the amount by which the current2 year assessed value of a homestead exceeds the adjusted assessed value of such homestead3 for the taxable year immediately preceding the taxable year in which this exemption was first4 granted to the current owner of such homestead, approved April 13, 1999 (Ga. L. 1999, p.5 4223), as amended, so as to prevent any increases in the adjusted base year assessed value6 of properties above the value set in tax year 2025; to provide for compliance with7 constitutional requirements; to provide for a referendum, effective dates, automatic repeal,8 mandatory execution of election, and judicial remedies regardin g failure to comply; to9 provide for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 An Act providing for a homestead exemption from certain City of Savannah ad valorem13 taxes for municipal purposes in an amount equal to the amount b y which the current year14 assessed value of a homestead exceeds the adjusted assessed value of such homestead for the15 taxable year immediately preceding the taxable year in which th is exemption was first16 H. B. 1338 - 1 - 26 LC 47 3797 granted to the current owner of such homestead, approved April 13, 1999 (Ga. L. 1999, p.17 4219), as amended, is amended in Section 1 by revising paragraph (2) of subsection (a) as18 follows:19 "(2) 'Adjusted base year assessed value' means an amount equal to the assessed value of20 such homestead for the base year, increased annually by the percentage of any increase21 in the Consumer Price Index for all Urban Consumers published by the Bureau of Labor22 Statistics of the United States Department of Labor from the base year to tax year 2025.23 However, in the event that the assessed value for the current year is less than or equal to24 the assessed value for the base year, then the adjusted base year assessed value shall equal25 the current year assessed value. In no event shall the adjusted base year assessed value26 for a tax year after tax year 2026 exceed the adjusted base year assessed value for such27 homestead for tax year 2025."28 SECTION 2.29 In accordance with the requirements of Article VII, Section II of the Constitution of the State30 of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority31 vote in both the Senate and the House of Representatives.32 SECTION 3.33 The municipal election superintendent of the City of Savannah s hall call and conduct an34 election as provided in this section for the purpose of submitting this Act to the electors of35 the City of Savannah for approval or rejection. The municipal election superintendent shall36 conduct that election on the Tuesday following the first Monday in November of 2026 and37 shall issue the call and conduct that election as provided by g eneral law. The municipal38 election superintendent shall cause the date and purpose of the election to be published once39 a week for two weeks immediately preceding the date thereof in the official organ of40 Chatham County. The ballot shall have written or printed thereon the words:41 H. B. 1338 - 2 - 26 LC 47 3797 "( ) YES42 43 ( ) NO44 45 46 Shall the Act amending the adjusted base year assessed value ho mestead exemption from City of Savannah ad valorem taxes for municipal purposes 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 desiring47 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on48 such question are for approval of the Act, Section 1 of this Act shall become of full force and49 effect on January 1, 2027. If the Act is not so approved or if the election is not conducted50 as provided in this section, Section 1 of this Act shall not become effective, and this Act shall51 be automatically repealed on the 365th calendar day following the election date provided for52 in this section. The expense of such election shall be borne by the City of Savannah. It shall53 be the municipal election superintendent's duty to certify the result thereof to the Secretary54 of State. The provisions of this section shall be mandatory up on the municipal election55 superintendent and are not intended as directory. If the munic ipal election superintendent56 fails or refuses to comply with this section, any elector of the City of Savannah may apply57 for a writ of mandamus to compel the municipal election superin tendent to perform his or58 her duties under this section. If the court finds that the municipal election superintendent has59 not complied with this section, the court shall fashion appropr iate relief requiring the60 municipal election superintendent to call and conduct such election on the date required by61 this section or on the next date authorized for special elections provided for in Code Section62 21-2-540 of the O.C.G.A.63 SECTION 4.64 Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon65 its approval by the Governor or upon its becoming law without such approval.66 H. B. 1338 - 3 - 26 LC 47 3797 SECTION 5.67 All laws and parts of laws in conflict with this Act are repealed.68 H. B. 1338 - 4 -