HB429.html

To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to exempt passenger motor vehicles from ad valorem taxation; to change certain provisions relating to definitions; to change certain provisions relating to returns for taxation and application for and issuance of license plates upon payment of taxes due; to provide a legislative declaration; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-440, relating to definitions, and inserting in lieu thereof the following:
"48_5_440.
As used in this article, the term:
(1) 'Antique or hobby or special interest motor vehicle' means a motor vehicle which is 25 years old or older as indicated by the model year or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle Reserved.
(1.1) 'Commercial vehicle' means a truck, truck_tractor, trailer, or semitrailer which is a commercial vehicle:
(A) Registered or registerable under the International Registration Plan pursuant to Code Section 40_2_88; or
(B) Would otherwise be registerable under the International Registration Plan pursuant to Code Section 40_2_88 except that such vehicle is only engaged in intrastate commerce.
(2) 'Driver educational motor vehicle' means a motor vehicle which is furnished and assigned to a public school in this state for use by the school in a program of driver education when the assignment is authorized and approved by the local board of education.
(2.1) 'Initial registration period' has the same meaning as provided in paragraph (.1) of subsection (a) of Code Section 40_2_21.
(3) 'Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. This article shall not apply to dealers engaged in the business of selling mobile homes at wholesale or retail and every mobile home owned in this state on January 1 by a dealer shall be subject to ad valorem taxation in the same manner as other taxable tangible personal property.
(4) 'Motor vehicle' means a vehicle which is designed primarily for use upon the public roads; provided, however, that such~~. Such~~ term shall not include heavy_duty equipment as defined in paragraph (2) of Code Section 48_5_500 which is owned by a nonresident and operated in this state or any passenger motor vehicle.
(5) 'Owner' has the same meaning as provided in paragraph (.2) of subsection (a) of Code Section 40_2_21.
(5.1) 'Passenger motor vehicle' means any motor vehicle designed for carrying ten passengers or fewer and used primarily for the transportation of persons.
(6) 'Registration period' has the same meaning as provided in paragraph (1) of subsection (a) of Code Section 40_2_21."

Said article is further amended by striking subsection (b) of Code Section 48-5-473, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, and inserting in lieu thereof the following:
"(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48_5_440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48_5_440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation; provided, however, that taxes shall be due at the time of registration or at the time required by law for registration during the owner´s registration period as provided in subsection (a) of this Code section. Passenger motor vehicles shall be exempt from any and all ad valorem taxation in this state."