Georgia Official and Statistical Register 1983-84 - the Digital Library ...

(A) 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 withinthe fourth degree of civil reckoning, and such corporationderived 80 percent or more of its gross income from bona Tideagricultural 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 agriculturalpurposes," but such term shall include timber production;(B) For additional minimum conditions of eligibility whichsuch properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limitedto, the requirement that the owner be required to enter into acovenant with the appropriate taxing authorities to maintainthe use of the properties in bona fide agricultural purposes for aperiod of not less than ten years and for appropriate penaltiesfor the breach of any such covenant.(3) In addition to the specific conditions set forth in thissubparagraph (c), the General Assembly may place furtherrestrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein.(d) The General Assembly may provide for a differentmethod and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greaterassessed percentage of value or at a higher rate of taxation thanother properties, except that property provided for in subparagraph (c).SECTION II.EXEMPTIONS FROM AD VALOREM TAXATIONParagraph I. Unauthorized tax exemptions void. Except asauthorized in or pursuant to this Constitution, all laws exempting property from ad valorem taxation are void.Paragraph II. Exemptions from taxation of property, (a)(1) Except as otherwise provided in this Constitution, noproperty shall be exempted from ad valorem taxation unlessthe exemption is approved by two-thirds of the memberselected to each branch of the General Assembly in a roll-callvote and by a majority of the qualified electors of the statevoting in a referendum thereon.(2) Homestead exemptions from ad valorem taxation leviedby local taxing jurisdictions may be granted by local law conditioned upon approval by a majority of the qualified electorsresiding within the limits of the local taxing jurisdiction votingin a referendum thereon.(3) Laws subject to the requirement of a referendum asprovided in this subparagraph (a) may originate in either theSenate or the House of Representatives.(4) The requirements of this subparagraph (a) shall notapply with respect to a law which codifies or recodifles anexemption previously authorized in the Constitution of 1976 oran exemption authorized pursuant to this Constitution, (b) Thegrant of any exemption from ad valorem taxation shall besubject to the conditions, limitations, and administrativeprocedures specified by law.Paragraph III. Exemptions which may be authorized locally.(a) (1) The governing authority of any county or municipality,subject to the approval of a majority of the qualified electors ofsuch political subdivision voting in a referendum thereon, mayexempt from ad valorem taxation, including all such taxationlevied for educational purposes and for state purposes, inventories of goods in the process of manufacture or production,and inventories of finished goods.(2) Exemptions granted pursuant to this subparagraph (a)may only be revoked by a referendum election called andconducted as provided by law. The call for such referendumshall not be issued within five years from the date such exemptions were first granted and, if the results of the election are infavor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period fromthe date of such referendum.(3) The implementation, administration, and revocation ofthe exemptions authorized in this subparagraph (a) shall beprovided for by law. Until otherwise provided by law, the grantof the exemption shall be subject to the same conditions,limitations, definitions, and procedures provided for the grantof such exemption in the Constitution of 1976 on June 30,1983.(b) That portion of Article VII, Section I, Paragraph IV ofthe Constitution of 1976 which authorized local exemptions forcertain property used in solar energy heating or cooling systemsand in the manufacture of such systems is adopted by thisreference as a part of this Constitution as completely as thoughincorporated in this Paragraph verbatim. This subparagraph(b) is repealed effective July 1,1986.Paragraph IV. Current property tax exemptions preserved.Those types of exemptions from ad valorem taxation providedfor by law on June 30,1983, are hereby continued in effect asstatutory law until otherwise provided for by law. Any lawwhich reduces or repeals any homestead exemption in existenceon June 30, 1983, or created thereafter must be approved bytwo-thirds of the members elected to each branch of theGeneral Assembly in a roll-call vote and by a majority of thequalified electors of the state or the affected local taxing jurisdiction voting in a referendum thereon. Any law which reducesor repeals exemptions granted to religious or burial grounds orinstitutions of purely public charity must be approved by twothirdsof the members elected to each branch of the GeneralAssembly.SECTION III.PURPOSES AND METHOD OF STATE TAXATIONParagraph I. Taxation; purposes for which powers may beexercised, (a) Except as otherwise provided in this Constitution, the power of taxation over the whole state may be exercised for any purpose authorized by law. Any purpose forwhich the powers of taxation over the whole state could havebeen exercised on June 30,1983, shall continue to be a purposefor which such powers may be exercised.(b) Subject to conditions and limitations as may be providedby law, the power of taxation may be exercised to make grantsfor tax relief purposes to persons for sales tax paid and nototherwise reimbursed on prescription drugs. Credits or reliefprovided hereunder may be limited only to such reasonableclassifications of taxpayers as may be specified by law.Paragraph II. Revenue to be paid into general fund, (a) Except as otherwise provided in this Constitution, all revenuecollected from taxes, fees, and assessments for state purposes,as authorized by revenue measures enacted by the GeneralAssembly, shall be paid into the general fund of the statetreasury.(b) (1) As authorized by law providing for the promotion ofany one or more types of agricultural products, fees, assessments, and other charges collected on the sale or processing ofagricultural products need not be paid into the general fund ofthe state treasury. The uniformity requirement of this articleshall be satisfied by the application of the agricultural promotion program upon the affected products.IS