Georgia House of Representatives - 1995/1996 Sessions

HR 20 - Ad valorem tax; certain business exemption; local ordinances - CA

Page Numbers - 1/ 2

1. Holland  157th         2. Jenkins  110th          3. Epps  131st
4. Ray  128th


House Comm: W&M        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended:                                                                              


HR 20                                             LC 21 2944






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to provide
  1- 2  that the General Assembly shall be authorized to provide by
  1- 3  general law that the governing authority of any county or
  1- 4  municipality may exempt from certain ad valorem taxation all
  1- 5  or any portion of improvements to real property or additions
  1- 6  to personal property used directly in a new or expanding
  1- 7  business; to provide for conditions and limitations; to
  1- 8  authorize the General Assembly to provide for certain
  1- 9  related matters; to provide for the submission of this
  1-10  amendment for ratification or rejection; and for other
  1-11  purposes.

  1-12       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Article VII, Section II of the Constitution is amended by
  1-14  adding a new Paragraph at the end thereof to be designated
  1-15  Paragraph VI to read as follows:

  1-16      "Paragraph VI. Economic development exemption.  The
  1-17    General Assembly is authorized by general law to provide
  1-18    that the governing authority of any county or municipality
  1-19    may by resolution or ordinance exempt from ad valorem
  1-20    taxation all or any portion of improvements to real
  1-21    property or additions to personal property used directly
  1-22    in a new or expanding business owned by a person,
  1-23    corporation, or other business entity.  A county shall be
  1-24    authorized to exempt state ad valorem taxes or county ad
  1-25    valorem taxes for county purposes, or both, and a
  1-26    municipality shall be authorized to exempt state ad
  1-27    valorem taxes or municipal ad valorem taxes for municipal
  1-28    purposes, or both.  Any such  exemption shall be
  1-29    conditioned upon the creation of jobs for the purpose of
  1-30    providing an economic development incentive for such
  1-31    county or municipality.  The General Assembly may
  1-32    establish criteria for the eligibility of counties and
  1-33    municipalities to grant such exemption, for the
  1-34    eligibility of recipients of such exemption, for the
  1-35    conditions under which the value of real or personal
  1-36    property may be exempt, and for all matters necessary to


                                 -1- (Index)

                                                  LC 21 2944

  2- 1    the proper administration of this Paragraph.  No county or
  2- 2    municipality shall be authorized to grant any exemption
  2- 3    under this Paragraph unless the authority to grant such
  2- 4    exemption is approved by a majority of the qualified
  2- 5    electors of such county or municipality voting in a
  2- 6    referendum thereon.  If the authority to grant such
  2- 7    exemption is approved, such authority shall continue for a
  2- 8    period of five years following such approval.  A person,
  2- 9    corporation, or other business entity may qualify to
  2-10    receive such exemption at any time during such five-year
  2-11    period and, upon such qualification, shall receive such
  2-12    exemption for five taxable years following the date of
  2-13    such qualification.  The authority to grant such exemption
  2-14    may be renewed in the same manner as provided in this
  2-15    Paragraph for the initial granting of such authority.  No
  2-16    exemption under this Paragraph shall be granted with
  2-17    respect to school district taxes for educational
  2-18    purposes."

                         SECTION 2.

  2-19  The above proposed amendment to the Constitution shall be
  2-20  published and submitted as provided in Article X, Section I,
  2-21  Paragraph II of the Constitution.

  2-22  The ballot submitting the above proposed amendment shall
  2-23  have written or printed thereon the following:

  2-24    "(  ) YES Shall the Constitution be amended so as to
  2-25              authorize the General Assembly to assist
  2-26     (  ) NO  economic development by permitting counties
  2-27              and cities to provide an incentive for new or
  2-28              expanding businesses by exempting from certain
  2-29              ad valorem taxes, for five years, all or any
  2-30              portion of improvements to real property or
  2-31              additions to personal property used directly
  2-32              in new or expanding businesses which will
  2-33              create jobs and improve the economic situation
  2-34              of the county or city?"

  2-35  All persons desiring to vote in favor of ratifying the
  2-36  proposed amendment shall vote "Yes."  All persons desiring
  2-37  to vote against ratifying the proposed amendment shall vote
  2-38  "No."

  2-39  If such amendment shall be ratified as provided in said
  2-40  Paragraph of the Constitution, it shall become a part of the
  2-41  Constitution of this state.



                                 -2- (Index)