08 LC 18
7334S
House
Resolution 1276 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Royal of the
171st,
Roberts of the
154th,
Keen of the
179th,
Porter of the
143rd,
Cole of the
125th,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide for the special assessment and
taxation of forest land conservation use property; to provide for local
government assistance grants; to provide for definitions, procedures,
conditions, and limitations; 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, Paragraph III of the Constitution is amended by revising
subparagraph (a) as follows:
"(a)
All taxes shall be levied and collected under general laws and for public
purposes only. Except as otherwise provided in subparagraphs (b), (c), (d),
and
(e), and (f)
of this Paragraph, all taxation shall be
uniform upon the same class of subjects within the territorial limits of the
authority levying the tax."
SECTION
2.
Said
Paragraph of the Constitution is further amended by revising subparagraph (f) as
follows:
"(f)(1)
The General Assembly shall provide by general law 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 'forest land
conservation use property' to include only forest land each tract of which
exceeds 200 acres of a qualifed owner. Such methods of assessment and taxation
shall be subject to the following conditions:
(A)
A qualified owner shall consist of any individual or individuals or any entity
registered to do business in this state;
(B)
A qualified owner desiring the benefit of such methods of assessment and
taxation shall be required to enter into a covenant to continue the property in
forest land use;
(C)
All contiguous forest land conservation use property of an owner within a county
for which forest land conservation use assessment is sought under this
subparagraph shall be in a single covenant;
(D)
A breach of such covenant within 15 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
(E)
If ownership of all or a part of the forest land conservation use property,
which transferred tract exceeds 200 acres, is acquired during a covenant period
by another qualified owner, then the original covenant may be continued by such
acquiring qualified owner for the remainder of the term, in which event no
breach of the covenant by either the former qualified owner or the acquiring
qualified owner shall be deemed to have occurred even if the total size of a
tract from which the transfer was made is reduced below 200 acres. Following
the expiration of such covenant, no new covenant shall be entered with respect
to the tract from which the transfer was made unless such tract exceeds 200
acres.
(2)
No portion of an otherwise eligible tract of forest land conservation use
property shall be entitled to receive simultaneously special assessment and
taxation under this subparagraph and either subparagraph (c) or (e) of this
Paragraph.
(3)(A)
The General Assembly shall appropriate an amount for assistance grants to
counties, municipalities, and county and independent school districts to offset
revenue loss attributable to the implementation of this subparagraph. Such
grants shall be made in such manner and shall be subject to such procedures as
may be specified by general law.
(B)
If the forest land conservation use property is located in a county where forest
land fair market value causes the total tax digest revenue of such county to be
reduced by 3 percent or less due to the implementation of this subparagraph, in
each taxable year in which such reduction occurs, the assistance grants to the
county, each municipality located therein, and the county or independent school
districts located therein shall be in an amount equal to 50 percent of the
amount of such reduction.
(C)
If the forest land conservation use property is located in a county where forest
land fair market value causes the total tax digest revenue of such county to be
reduced by more than 3 percent due to the implementation of this subparagraph,
in each taxable year in which such reduction occurs, the assistance grants to
the county, each municipality located therein, and the county or independent
school districts located therein shall be as follows:
(i)
For the first 3 percent of such reduction amount, in an amount equal to 50
percent of the amount of such reduction; and
(ii)
For the remainder of such reduction amount, in an amount equal to 100 percent of
the amount of such remaining reduction amount.
(4)
For purposes of this subparagraph, the forest land conservation use value shall
not include the value of the standing timber located on forest land conservation
use property.
(g)
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), or (f) of
this Paragraph."
SECTION
3.
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 of Georgia be amended so as to provide that the General
Assembly by general law shall encourage the preservation, conservation, and
protection of the state´s forests through the special assessment and
taxation of certain forest lands and assistance grants to local
government?"
|
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.