HR 591 - Ad valorem tax; fair market value; acquisition date

First Reader Summary

A RESOLUTION proposing an amendment to the Constitution so as to provide that real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof and to provide for implementation by law; and for other purposes.

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HR 591                                              LC 9 9321 
 
 
 
 
 
 
                             A RESOLUTION 
 
  1- 1  Proposing an amendment to the Constitution so as to provide 
  1- 2  that real property and interests therein shall be appraised 
  1- 3  for ad valorem taxation purposes at their fair market value 
  1- 4  as of the date of the owner's acquisition thereof and to 
  1- 5  provide for implementation by law; to provide for the 
  1- 6  submission of this amendment for ratification or rejection; 
  1- 7  and for other purposes. 
 
  1- 8       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Article VII, Section I of the Constitution is amended by 
  1-11  striking Paragraph III and inserting in its place a new 
  1-12  Paragraph III to read as follows: 
 
  1-13      "Paragraph III. Uniformity; classification of property; 
  1-14    assessment of agricultural land; utilities.   Uniformity; 
  1-15    classification of property; assessment of real property, 
  1-16    agricultural land, histroic property, and utilities.(a) 
  1-17    All taxes shall be levied and collected under general laws 
  1-18    and for public purposes only.  Except as otherwise 
  1-19    provided in subparagraphs (b), (c), (d), and (e), and (f), 
  1-20    all taxation shall be uniform upon the same class of 
  1-21    subjects within the territorial limits of the authority 
  1-22    levying the tax. 
 
  1-23      (b)(1) Except as otherwise provided in this subparagraph 
  1-24      (b), classes of subjects for taxation of property shall 
  1-25      consist of real property, other tangible property, and 
  1-26      one or more classes of intangible personal property, 
  1-27      including money; provided, however, that any taxation of 
  1-28      intangible personal property may be repealed by general 
  1-29      law without approval in a referendum effective for all 
  1-30      taxable years beginning on or after January 1, 1996. 
 
  1-31        (2) Subject to the conditions and limitations 
  1-32      specified by law, each of the following types of 
  1-33      property may be classified as a separate class of 
  1-34      property for ad valorem property tax purposes and 
  1-35      different rates, methods, and assessment dates may be 
  1-36      provided for such properties: 
 
 
                                 -1- 
 
 
 
  2- 1          (A) Trailers.; 
 
  2- 2          (B) Mobile homes other than those mobile homes which 
  2- 3        qualify the owner of the home for a homestead 
  2- 4        exemption from ad valorem taxation. ; and 
 
  2- 5          (C) Heavy-duty equipment motor vehicles owned by 
  2- 6        nonresidents and operated in this state. 
 
  2- 7        (3) Motor vehicles may be classified as a separate 
  2- 8      class of property for ad valorem property tax purposes, 
  2- 9      and such class may be divided into separate subclasses 
  2-10      for ad valorem purposes.  The General Assembly may 
  2-11      provide by general law for the ad valorem taxation of 
  2-12      motor vehicles including, but not limited to, providing 
  2-13      for different rates, methods, assessment dates, and 
  2-14      taxpayer liability for such class and for each of its 
  2-15      subclasses and need not provide for uniformity of 
  2-16      taxation with other classes of property or between or 
  2-17      within its subclasses.  The General Assembly may also 
  2-18      determine what portion of any ad valorem tax on motor 
  2-19      vehicles shall be retained by the state.  As used in 
  2-20      this subparagraph, the term 'motor vehicles' means all 
  2-21      vehicles which are self-propelled. 
 
  2-22      (c) Except as otherwise provided in subparagraphs (d) 
  2-23    and (e) of this Paragraph, real property and interests 
  2-24    therein shall be appraised for ad valorem taxation 
  2-25    purposes at their fair market value as of the date of the 
  2-26    owner's acquisition thereof; and real property and 
  2-27    interests therein shall be assessed for ad valorem 
  2-28    taxation purposes at 40 percent of that fair market value. 
 
  2-29      (c)(d) Tangible real property, but no more than 2,000 
  2-30    acres of any single property owner, which is devoted to 
  2-31    bona fide agricultural purposes shall be assessed for ad 
  2-32    valorem taxation purposes at 75 percent of the value at 
  2-33    which other tangible real property is assessed.  No 
  2-34    property shall be entitled to receive the preferential 
  2-35    assessment provided for in this subparagraph if the 
  2-36    property which would otherwise receive such assessment 
  2-37    would result in any person who has a beneficial interest 
  2-38    in such property, including any interest in the nature of 
  2-39    stock ownership, receiving the benefit of such 
  2-40    preferential assessment as to more than 2,000 acres.  No 
  2-41    property shall be entitled to receive the preferential 
  2-42    assessment provided for in this subparagraph unless the 
  2-43    conditions set out below are met: 
 
 
 
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  3- 1        (1) The property must be owned by: 
 
  3- 2          (A)(i) One or more natural or naturalized citizens; 
 
  3- 3            (ii) An estate of which the devisee or heirs are 
  3- 4          one or more natural or naturalized citizens; or 
 
  3- 5            (iii) A trust of which the beneficiaries are one 
  3- 6          or more natural or naturalized citizens; or 
 
  3- 7          (B) A family-owned family owned farm corporation, 
  3- 8        the controlling interest of which is owned by 
  3- 9        individuals related to each other within the fourth 
  3-10        degree of civil reckoning, or which is owned by an 
  3-11        estate of which the devisee or heirs are one or more 
  3-12        natural or naturalized citizens, or which is owned by 
  3-13        a trust of which the beneficiaries are one or more 
  3-14        natural or naturalized citizens, and such corporation 
  3-15        derived 80 percent or more of its gross income from 
  3-16        bona fide agricultural pursuits within this state 
  3-17        within the year immediately preceding the year in 
  3-18        which eligibility is sought. 
 
  3-19        (2) The General Assembly shall provide by law: 
 
  3-20          (A) For a definition of the term 'bona fide 
  3-21        agricultural purposes,' but such term shall include 
  3-22        timber production; and 
 
  3-23          (B) For additional minimum conditions of eligibility 
  3-24        which such properties must meet in order to qualify 
  3-25        for the preferential assessment provided for herein, 
  3-26        including, but not limited to, the requirement that 
  3-27        the owner be required to enter into a covenant with 
  3-28        the appropriate taxing authorities to maintain the use 
  3-29        of the properties in bona fide agricultural purposes 
  3-30        for a period of not less than ten years and for 
  3-31        appropriate penalties for the breach of any such 
  3-32        covenant. 
 
  3-33        (3) In addition to the specific conditions set forth 
  3-34      in this subparagraph (c) (d), the General Assembly may 
  3-35      place further restrictions upon, but may not relax, the 
  3-36      conditions of eligibility for the preferential 
  3-37      assessment provided for herein. 
 
  3-38      (d)(e) The General Assembly shall be authorized by 
  3-39    general law to establish as a separate class of property 
  3-40    for ad valorem tax purposes any tangible real property 
  3-41    which is listed in the National Register of Historic 
 
 
 
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  4- 1    Places or in a state historic register authorized by 
  4- 2    general law.  For such purposes, the General Assembly is 
  4- 3    authorized by general law to establish a program by which 
  4- 4    certain properties within such class may be assessed for 
  4- 5    taxes at different rates or valuations in order to 
  4- 6    encourage the preservation of such historic properties and 
  4- 7    to assist in the revitalization of historic areas. 
 
  4- 8      (e)(f) The General Assembly shall provide by general 
  4- 9    law: 
 
  4-10        (1) For the definition and methods of assessment and 
  4-11      taxation, such methods to include a formula based on 
  4-12      current use, annual productivity, and real property 
  4-13      sales data, of: 'bona fide conservation use property' to 
  4-14      include bona fide agricultural and timber land 
  4-15      timberland not to exceed 2,000 acres of a single owner; 
  4-16      and 'bona fide residential transitional property,' to 
  4-17      include private single-family residential owner occupied 
  4-18      property located in transitional developing areas not to 
  4-19      exceed five acres of any single owner. Such methods of 
  4-20      assessment and taxation shall be subject to the 
  4-21      following conditions: 
 
  4-22          (A) A property owner desiring the benefit of such 
  4-23        methods of assessment and taxation shall be required 
  4-24        to enter into a covenant to continue the property in 
  4-25        bona fide conservation use or bona fide residential 
  4-26        transitional use; and 
 
  4-27          (B) A breach of such covenant within ten years shall 
  4-28        result in a recapture of the tax savings resulting 
  4-29        from such methods of assessment and taxation and may 
  4-30        result in other appropriate penalties; and 
 
  4-31        (2) That standing timber shall be assessed only once, 
  4-32      and such assessment shall be made following its harvest 
  4-33      or sale and on the basis of its fair market value at the 
  4-34      time of harvest or sale.  Said assessment shall be two 
  4-35      and one-half times the assessed percentage of value 
  4-36      fixed by law for other real property taxed under the 
  4-37      uniformity provisions of subparagraph (a) of this 
  4-38      Paragraph but in no event greater than its fair market 
  4-39      value; and for a method of temporary supplementation of 
  4-40      the property tax digest of any county if the 
  4-41      implementation of this method of taxing timber reduces 
  4-42      the tax digest by more than 20 percent, such 
  4-43      supplemental assessed value to be assigned to the 
 
 
 
                                 -4- 
 
 
 
  5- 1      properties otherwise benefiting from such method of 
  5- 2      taxing timber. 
 
  5- 3      (f)(g) The General Assembly may provide for a different 
  5- 4    method and time of returns, assessments, payment, and 
  5- 5    collection of ad valorem taxes of public utilities, but 
  5- 6    not on a greater assessed percentage of value or at a 
  5- 7    higher rate of taxation than other properties, except that 
  5- 8    property provided for in subparagraph (c), (d), or (e), or 
  5- 9    (f) of this Paragraph." 
 
  5-10                           SECTION 2. 
 
  5-11  If ratified as provided in Section 3 of this resolution, the 
  5-12  provisions of the above proposed amendment shall be effected 
  5-13  by law not later than January 1, 2001. 
 
  5-14                           SECTION 3. 
 
  5-15  The above proposed amendment to the Constitution shall be 
  5-16  published and submitted as provided in Article X, Section I, 
  5-17  Paragraph II of the Constitution. 
 
  5-18  The ballot submitting the above proposed amendment shall 
  5-19  have written or printed thereon the following: 
 
  5-20    "(  ) YES Shall the Constitution be amended so as to 
  5-21              provide that real property and interests 
  5-22     (  ) NO  therein shall be appraised for ad valorem 
  5-23              taxation purposes at their fair market value 
  5-24              as of the date of the owner's acquisition 
  5-25              thereof and to provide for implementation by 
  5-26              law?" 
 
  5-27  All persons desiring to vote in favor of ratifying the 
  5-28  proposed amendment shall vote "Yes."  All persons desiring 
  5-29  to vote against ratifying the proposed amendment shall vote 
  5-30  "No." 
 
  5-31  If such amendment shall be ratified as provided in said 
  5-32  Paragraph of the Constitution, it shall become a part of the 
  5-33  Constitution of this state. 
 
 
 
 
 
 
 
 
 
 
 
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