|
03 LC 18 2014
House Resolution
2
By: Representatives Franklin of the 17th and Massey of the 24th
By: Representatives Franklin of the 17th and Massey of the 24th
A RESOLUTION
Proposing an amendment to the Constitution so as to require
the freezing of existing residential real property values and to provide that
residential 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; 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.
SECTION 1.
Article VII, Section I of the Constitution is amended in
Paragraph III by striking the catchline and subparagraphs (a) and (b) and
inserting in their places a new catchline and subparagraphs (a), (b), and (b.1)
to read as
follows:
"Paragraph III.Uniformity; classification of property; assessment of
agricultural land; utilities. Uniformity;
classification of property; assessment of residential real property,
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 residential real property,
other 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of intangible personal property may be repealed by general law without approval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) Except as otherwise provided in subparagraphs (c) and (d) of this Paragraph:
(1) The value of residential real property and interests therein shall not be changed from the valuation of such property established for the 2005 taxable year except as a result of new construction, additions, or improvements to the property of the taxpayer which require a building permit; and
(2) Residential 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 shall be assessed for ad valorem taxation purposes at 40 percent of that fair market value."
"Paragraph III.
(b)(1) Except as otherwise provided in this subparagraph
(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) Except as otherwise provided in subparagraphs (c) and (d) of this Paragraph:
(1) The value of residential real property and interests therein shall not be changed from the valuation of such property established for the 2005 taxable year except as a result of new construction, additions, or improvements to the property of the taxpayer which require a building permit; and
(2) Residential 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 shall be assessed for ad valorem taxation purposes at 40 percent of that fair market value."
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 require the
freezing of existing residential real property values and to provide that
residential 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?"
|
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.