[October 15, 2024] | Hi. I have had a number of people this weekend to ask me about what do these amendments do that are on our ballot. First of all, people ask why it's written the way it is. Well, it's Law Speak and has to be written in such a way that the question is an exact/clear explanation of the bill it represents. If you want to know what the bill says, put its bill number with each one, and a google search will bring you to the wording of the bill.
Of course, if you have a question, you can call me at 770-893-2039 or email me at rickjasperse@house.ga.gov.
Ballot Question 1
Constitutional Amendment: HR 1022
Local Option Homestead Property Tax Exemption Amendment
The text on the ballot: Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for a state-wide homestead exemption that serves to limit increases in the assessed value of homesteads, but which any county, consolidated government, municipality, or local school system may opt out of upon the completion of certain procedures?
• A "yes" vote supports providing for a local option homestead property tax exemption and allowing a county, municipality, or school system to opt out of the exemption.
• A "no" will keep everything as is.
An explanation: HR 1022 would allow for the implementation of a statewide homestead exemption that caps the annual assessments of home values at the rate of inflation. This would result in assessments for homesteaded properties being limited to an increase capped at the rate of inflation, or Consumer Price Index (CPI), with an initial opt-out period for local levying authorities (counties, cities, and schools). These levying authorities (counties and cities) where this cap takes effect would have access to an additional 1% sales tax that must be used for additional property tax relief - the extra penny of revenue must be fully offset by a further reduction in property tax.
• First of all; this involves the assessed value of the home you own; it is for property tax calculation and is your personal residence of record, no other type property is involved.
• The State of Georgia receives zero dollars from property tax; these taxes fund your local portion of schools and the operation of your city/county.
• The House voted 175-0; the Senate voted 52-0 in favor of HB 1022.
• It had unanimous support in the General Assembly, because it helps homeowners in lowering their future portion of the total county tax revenue; you know the high percentage of our county homeowners who live in the same house year after year for decades. Your assessed value on your personal home will not increase more than the rate of inflation.
• This was passed due to outrageous property value increases, due to folks selling a 1200 square ft home in "large city x, state y" for $600,000 then buying a 2000 square ft home in your county for $500,000, sight unseen. Assessed values must be calculated based on home sales in your county, and this drives up the value of your home.
Ballot Question 2
Constitutional Amendment: HR 598- (Vote for passage: 165-0)
Ballot Question: "Shall the Constitution of Georgia be amended so as to provide for the Georgia Tax Court to be vested with the judicial power of the state and to have venue, judges, and jurisdiction concurrent with Superior Courts?"
This constitutional amendment would replace the Georgia Tax Tribunal, which sits in the Executive Branch, with a Tax Court in the Judicial Branch.
The Georgia Tax Tribunal is a specialized court which was established as an autonomous division within the Office of State Administrative Hearings. The Georgia Tax Tribunal conducts trials of contested cases involving the Georgia Department of Revenue.
Currently, if a taxpayer wishes to appeal a tax tribunal decision, his or her only option is to go through the Superior Court in Fulton County, which is not set up to be an appellate court and is overrun with a lengthy trial calendar.
A Tax Court authorized under this amendment would allow for the first-round appeal to be made to the Georgia Court of Appeals - a purpose-built appeals court with a more streamlined and quick process for Georgians.
Simply put: The Fulton County Superior Court historically has a long calendar of cases and was not set to be an appeals court; a "yes" vote will allow the first round of appeal to be handled in the Georgia Court of Appeals, speeding up the process for citizens without creating more government.
Statewide Referendum A: HB 808
(Vote for passage: 125-42)
The text on the ballot: Do you approve the Act that increases an exemption from property tax for all tangible personal property from $7,500 to $20,000?
• A "yes" would raise the amount of tangible personal property tax exemption from $7,500 to $20,000.
HB 808 would increase the ad valorem taxation exemption on tangible personal property for businesses in Georgia from $7,500 to $20,000. Personal property includes things like furniture, equipment, inventory, and other property used in a business. It would reduce taxes for Georgia businesses by updating the exemption amount for the first time in years to account for the effects of inflation. Small businesses already pay sales taxes on property when they buy it; the personal property tax means they're paying taxes on the same items every year. Raising the threshold for this tax can ease financial pressures on businesses struggling with inflation and the rising cost of running a small business.