10 LC 18
8880
House
Bill 1186
By:
Representatives Roberts of the
154th,
Burns of the
157th,
Dollar of the
45th,
and O`Neal of the
146th
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 provide for an ad valorem tax
exemption for certain public-private transportation projects; to provide that
certain public-private transportation projects shall not constitute special
franchises; to provide for a referendum, applicability, and effective dates; to
provide for automatic repeal under certain circumstances; 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 48-5-41, relating to property
exempt from ad valorem taxation, by adding a new subparagraph in paragraph (1)
of subsection (a) as follows:
"(E)
Property which qualifies as a public-private transportation project pursuant to
Code Section 32-2-80 which property is owned or leased by the state, a state
agency, or another governmental entity and which is developed, operated, or held
by a private partner shall be considered to be public property within the
meaning of this
paragraph."
SECTION
2.
Said
chapter is further amended by adding a new Code section to read as
follows:
"48-5-421.1.
Any
property which is exempt from ad valorem taxation pursuant to subparagraph
(a)(1)(E) of Code Section 48-5-41 shall not constitute a special franchise for
purposes of this article and shall not be subject to the provisions of this
article."
SECTION
3.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary
of State shall call and conduct an election as provided in this section for the
purpose of submitting Sections 1 and 2 of this Act to the electors of the State
of Georgia for approval or rejection. The Secretary of State shall conduct that
election on the date of the November, 2010, state-wide general election. The
Secretary of State shall issue the call and conduct that special election as
provided by general law. The Secretary of State shall cause the date and
purpose of the special election to be published in the official organ of each
county in the state once a week for two weeks immediately preceding the date of
the referendum. The ballot shall have written or printed thereon the
following:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which exempts public-private transportation projects from ad
valorem taxation and provides that such projects shall not constitute special
franchises?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, then
Sections 1 and 2 of this Act shall become effective on January 1, 2011, and
shall apply to all taxable years beginning on or after that date. If Sections 1
and 2 of this Act are not so approved or if the election is not conducted as
provided in this section, Sections 1 and 2 of this Act shall not become
effective and this part shall be automatically repealed on the first day of
January immediately following that election date.
SECTION
4.
Except
as otherwise provided in Section 3 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.