 |
|
 |
| Georgia General Assembly |
SR689.html
02 LC 18 1364
Senate Resolution
689
By: Senator Smith of the 25th
A RESOLUTION
Proposing an amendment to the Constitution so as to
authorize special methods of ad valorem taxation of antique, hobby, or special
interest aircraft; to provide for conditions and limitations; to provide for
authority of the General Assembly with respect to the foregoing; to provide for
the submission of this amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article VII, Section I of the Constitution is amended by
striking Paragraph III and inserting in its place a new Paragraph III to read as
follows:
"Paragraph
III. Uniformity; classification of property; assessment of
agricultural land; utilities. Uniformity;
classification of property; antique, hobby, or special interest aircraft;
agricultural land, historic property, standing timber, and
utilities. (a) All taxes shall be levied and collected under general
laws and for public purposes only. Except as otherwise provided in
subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph, all
taxation shall be uniform upon the same class of subjects within the territorial
limits of the authority levying the tax.
(b)(1) Except
as otherwise provided in this subparagraph (b), classes of subjects for taxation
of property shall consist of tangible property, and one or more classes
of intangible personal property, including money; provided, however, that
any taxation of intangible personal property may be repealed by general law
without approval in a referendum effective for all taxable years beginning on or
after January 1, 1996.
(2) Subject to the conditions
and limitations specified by law, each of the following types of property may be
classified as a separate class of property for ad valorem property tax purposes
and different rates, methods, and assessment dates may be provided for such
properties:
(A)
Trailers.;
(B) Mobile homes
other than those mobile homes which qualify the owner of the home for a
homestead exemption from ad valorem taxation.;
and
(C) Heavy-duty equipment motor vehicles owned
by nonresidents and operated in this state.
(3) Motor
vehicles may be classified as a separate class of property for ad valorem
property tax purposes, and such class may be divided into separate subclasses
for ad valorem purposes. The General Assembly may provide by general law for
the ad valorem taxation of motor vehicles including, but not limited to,
providing for different rates, methods, assessment dates, and taxpayer liability
for such class and for each of its subclasses and need not provide for
uniformity of taxation with other classes of property or between or within its
subclasses. The General Assembly may also determine what portion of any ad
valorem tax on motor vehicles shall be retained by the state. As used in this
subparagraph, the term 'motor vehicles' means all vehicles which are
self-propelled.
(b.1) Antique, hobby, or special
interest aircraft may be classified as a separate class of property for ad
valorem property tax purposes, and such class may be divided into separate
subclasses for ad valorem purposes. The General Assembly may provide by general
law for the ad valorem taxation of such property including, but not limited to,
providing for different rates, methods, assessment dates, and taxpayer liability
for such class and for each of its subclasses and need not provide for
uniformity of taxation with other classes of property or between or within its
subclasses and need not provide for uniformity of taxation with other classes of
property or between or within its subclasses. The General Assembly shall
provide by general law for a definition of the term 'antique, hobby, or special
interest aircraft'; provided, however, that such definition shall specify, at a
minimum, that such term means an aircraft which is 40 years old or older as
indicated by the model year or date of manufacture or an aircraft which has been
designed and manufactured to resemble an antique or historical aircraft. Such
term shall only include aircraft owned by one or more individuals for hobby use
and not for hire and shall only include an airplane, rotorcraft, or other
similar, self-propelled vehicle designed for flight purposes which is designed
to carry four or fewer passengers.
(c) Tangible
real property, but no more than 2,000 acres of any single property owner, which
is devoted to bona fide agricultural purposes shall be assessed for ad valorem
taxation purposes at 75 percent of the value which other tangible real property
is assessed. No property shall be entitled to receive the preferential
assessment provided for in this subparagraph if the property which would
otherwise receive such assessment would result in any person who has a
beneficial interest in such property, including any interest in the nature of
stock ownership, receiving the benefit of such preferential assessment as to
more than 2,000 acres. No property shall be entitled to receive the
preferential assessment provided for in this subparagraph unless the conditions
set out below are met:
(1) The property must be owned
by:
(A)(i) One or more natural or naturalized
citizens;
(ii) An estate of which the devisee or heirs
are one or more natural or naturalized citizens;
or
(iii) A trust of which the beneficiaries are one or
more natural or naturalized citizens; or
(B) A
family-owned farm corporation, the controlling interest of which is owned by
individuals related to each other within the fourth degree of civil reckoning,
or which is owned by an estate of which the devisee or heirs are one or more
natural or naturalized citizens, or which is owned by a trust of which the
beneficiaries are one or more natural or naturalized citizens, and such
corporation derived 80 percent or more of its gross income from bona fide
agricultural pursuits within this state within the year immediately preceding
the year in which eligibility is sought.
;
(2) The General Assembly shall provide by
law:
(A) For a definition of the term 'bona fide
agricultural purposes,' but such term shall include timber production;
or
(B) For additional minimum conditions of
eligibility which such properties must meet in order to qualify for the
preferential assessment provided for herein, including, but not limited to, the
requirement that the owner be required to enter into a covenant with the
appropriate taxing authorities to maintain the use of the properties in bona
fide agricultural purposes for a period of not less than ten years and for
appropriate penalties for the breach of any such covenant.;
and
(3) In addition to the specific conditions set
forth in this subparagraph (c), the General Assembly may place further
restrictions upon, but may not relax, the conditions of eligibility for the
preferential assessment provided for herein.
(d) The
General Assembly shall be authorized by general law to establish as a separate
class of property for ad valorem tax purposes any tangible real property which
is listed in the National Register of Historic Places or in a state historic
register authorized by general law. For such purposes, the General Assembly is
authorized by general law to establish a program by which certain properties
within such class may be assessed for taxes at different rates or valuations in
order to encourage the preservation of such historic properties and to assist in
the revitalization of historic areas.
(e) The General
Assembly shall provide by general law:
(1) For the
definition and methods of assessment and taxation, such methods to include a
formula based on current use, annual productivity, and real property sales data,
of: 'bona fide conservation use property' to include bona fide agricultural and
timber land not to exceed 2,000 acres of a single owner; and 'bona fide
residential transitional property,' to include private single-family residential
owner occupied property located in transitional developing areas not to exceed
five acres of any single owner. Such methods of assessment and taxation shall
be subject to the following conditions:
(A) A property
owner desiring the benefit of such methods of assessment and taxation shall be
required to enter into a covenant to continue the property in bona fide
conservation use or bona fide residential transitional use;
and
(B) A breach of such covenant within ten years
shall result in a recapture of the tax savings resulting from such methods of
assessment and taxation and may result in other appropriate penalties;
and
(2) That standing timber shall be assessed
only once, and such assessment shall be made following its harvest or sale and
on the basis of its fair market value at the time of harvest or sale. Said
assessment shall be two and one-half times the assessed percentage of value
fixed by law for other real property taxed under the uniformity provisions of
subparagraph (a) of this Paragraph but in no event greater than its fair market
value; and for a method of temporary supplementation of the property tax digest
of any county if the implementation of this method of taxing timber reduces the
tax digest by more than 20 percent, such supplemental assessed value to be
assigned to the properties otherwise benefiting from such method of taxing
timber.
(f) The General Assembly may provide for a
different method and time of returns, assessments, payment, and collection of ad
valorem taxes of public utilities, but not on a greater assessed percentage of
value or at a higher rate of taxation than other properties, except that
property provided for in subparagraph (c), (d), or
(e)."
SECTION 2.
The above proposed amendment to the Constitution shall be
published and submitted as provided in Article X, Section I, Paragraph II of the
Constitution. The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
|
"( ) YES
( ) NO
|
Shall the Constitution be amended so as to authorize special
methods of ad valorem taxation of antique, hobby, or special interest
aircraft?"
|
All persons desiring to vote in favor of ratifying the
proposed amendment shall vote "Yes." All persons desiring to vote against
ratifying the proposed amendment shall vote "No." If such amendment shall be
ratified as provided in said Paragraph of the Constitution, it shall become a
part of the Constitution of this state.