08 LC
18 7541S
The
Senate Finance Committee offered the following substitute to HB
1081:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating
to ad valorem taxation of property, so as to revise and change certain
provisions relating to ad valorem taxation of property; to change certain
provisions regarding qualifications for bona fide conservation use property; to
change certain provisions regarding bona fide conservation use property which is
subject to restrictive covenants; to provide for notice, procedures, and appeal
rights regarding covenant breaches; to change certain provisions regarding the
payment of interest in taxpayer appeals; to provide for interest; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem
taxation of property, is amended in Code Section 48-5-7.4, relating to bona fide
conservation use property, by revising the introductory language of subsection
(a) preceding paragraph (1); by deleting the period at the end of paragraph (2)
and inserting in its place "; and"; and by adding a new paragraph (3) to read as
follows:
"(a)
For purposes of this article, the term 'bona fide conservation use property'
means property described in and meeting the requirements of paragraph (1) or (2)
and paragraph
(3) of this subsection, as
follows:"
"(3)
The governing authority of a county in which the property that otherwise meets
the requirements for current use assessment is located may establish a minimum
number of acres as a condition for qualifying for the current use assessment.
Such minimum shall be up to 25 acres and shall apply exclusively to qualified
property that is first made subject to a covenant required by subsection (d) of
this Code section or is subject to the renewal of a previous covenant required
by subsection (d) of this Code section on or after January 1,
2012."
SECTION
2.
Said
chapter is further amended in Code Section 48-5-7.4, relating to bona fide
conservation use property, by revising paragraph (5) of subsection (b) as
follows:
"(5)
No property shall qualify as bona fide conservation use property if such
property is at the time of application for current use assessment subject to a
restrictive covenant which prohibits the use of the property for
any
the
specific purpose described in subparagraph
(a)(1)(E) of this Code section
for which bona
fide conservation use qualification is
sought; and"
SECTION
3.
Said
chapter is further amended in Code Section 48-5-7.4, relating to bona fide
conservation use property, by adding a new subsection to read as
follows:
"(k.1)
In the case of an alleged breach of the covenant, the owner shall be notified
in writing by the board of tax assessors. The owner shall have a period of 30
days from the date of such notice to cease and desist the activity alleged in
the notice to be in breach of the covenant or to remediate or correct the
condition or conditions alleged in the notice to be in breach of the covenant.
Following a physical inspection of property, the board of tax assessors shall
notify the owner that such activity or activities have or have not properly
ceased or that the condition or conditions have or have not been remediated or
corrected. The owner shall be entitled to appeal the decision of the board of
tax assessors and file an appeal disputing the findings of the board of tax
assessors. Such appeal shall be conducted in the same manner that other
property tax appeals are made pursuant to Code Section
48-5-311."
SECTION
4.
Said
chapter is further amended in Code Section 48-5-311, relating to county boards
of equalization and review and appeal of property tax assessments, by revising
subdivision (e)(6)(D)(iii)(III) as follows:
"(III)
If the final determination of value on appeal is greater than the valuation thus
used, the taxpayer shall be liable for the increase in taxes for the year in
question due to the increased valuation fixed on appeal with interest at the
rate as specified in Code Section 48-2-35. Such interest shall accrue from
November 15 of the taxable year in question or the date the final installment of
the tax was due to the date the additional taxes are remitted, but in no event
shall such
interest accrue for a period of more than 180
days
the amount of
such interest exceed $150.00. Any
taxpayer shall be exempt each taxable year from any such interest owed under
this subdivision with respect to such taxpayer´s homestead
property."
SECTION
5.
Said
chapter is further amended in Code Section 48-5-311, relating to county boards
of equalization and review and appeal of property tax assessments, by revising
division (g)(4)(B)(iii) as follows:
"(iii)
If the final determination of value on appeal is greater than the valuation set
by the county board of equalization, the arbitrator, or the arbitrators, as
applicable, the taxpayer shall be liable for the increase in taxes for the year
in question due to the increased valuation fixed on appeal with interest at the
same rate as specified in Code Section 48-2-35. Such interest shall accrue from
November 15 of the taxable year in question or the date the final installment of
tax was due to the date the additional taxes are remitted, but in no event shall
such
interest accrue for a period of more than 180
days
the amount of
such interest exceed $150.00. Any
taxpayer shall be exempt each taxable year from any such interest owed under
this subparagraph with respect to such taxpayer´s homestead
property."
SECTION
6.
Said
chapter is further amended in Code Section 48-5-311, relating to county boards
of equalization and review and appeal of property tax assessment, by adding a
new subsection to read as follows:
"(m)
In the event a refund is owed to the taxpayer, such refund shall be paid to the
taxpayer within 60 days of the last date upon which an appeal may be filed, or
the date the final determination of value is established on appeal, whichever is
later. Any refund paid after the sixtieth day shall accrue interest from the
sixtieth day until paid with interest at the same rate as specified in Code
Section 48-2-35."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.