House Resolution 1000 (COMMITTEE SUBSTITUTE)
By: Representatives Efstration of the 104th, Williams of the 148th, Dickey of the 134th,
Williams of the 168th, Buckner of the 137th, and others
A RESOLUTION
Proposing an amendment to the Constitution so as to eliminate the ad valorem tax assessment
of certain timber at sale or harvest; to require state appropriations to each county,
municipality, or school district affected by such tax elimination; to provide for related
matters; 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 (e)(2) and adding subparagraph (e)(3) to read as follows:
"(2) That standing timber shall be assessed only once, and such assessment shall be
made following its harvest or sale and on the basis of its fair market value at the time of
harvest or sale. <del>Said</del> <ins>Except as provided in subparagraph (e)(3) of this Paragraph, said
</ins> assessment shall be two and one-half times the assessed percentage of value fixed by law
for other real property taxed under the uniformity provisions of subparagraph (a) of this
Paragraph but in no event greater than its fair market value; and for a method of
temporary supplementation of the property tax digest of any county if the implementation
of this method of taxing timber reduces the tax digest by more than 20 percent, such
supplemental assessed value to be assigned to the properties otherwise benefiting from
such method of taxing timber.
<ins>(3)(A) That standing timber shall be assessed as otherwise provided in
subparagraph (e)(2) of this Paragraph, except that the rate of the assessment under
subparagraph (e)(2) of this Paragraph shall be reduced to zero percent for standing
timber harvested or sold from property receiving preferential treatment pursuant to
subparagraph (c) of this Paragraph, subparagraph (e)(1) of this Paragraph, or
subparagraph (f) of this Paragraph. Such methods of assessment and taxation shall be
subject to the following conditions:
(i) Any individual or individuals or any entity registered to do business in this state
desiring the benefit of such methods of assessment and taxation for standing timber
harvested or sold from property receiving preferential treatment pursuant to
subparagraph (c) of this Paragraph, subparagraph (e)(1) of this Paragraph, or
subparagraph (f) of this Paragraph shall be required to enter into a covenant to
continue the property in a qualifying use; and
(ii) A breach of such covenant within ten years of the harvest or sale of standing
timber assessed at the rate provided for in this subparagraph (3)(A) shall result in a
recapture of the tax savings resulting from such methods of assessment and taxation
and may result in other appropriate penalties.
(B) The General Assembly shall annually appropriate to each county, municipality,
or school district that experienced an ad valorem revenue reduction during the
preceding tax year resulting from the elimination of the ad valorem tax assessment of
timber from the rate of assessment provided for in subparagraph (e)(2) of this Paragraph
to the rate of assessment provided for in subparagraph (e)(3)(A) of this Paragraph, an
amount equal to 100 percent of such revenue reduction for such tax year."
</ins>
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 Shall the Constitution of Georgia, for the purpose of encouraging timberland
( ) NO conservation, be amended so as to eliminate the ad valorem tax assessment
of certain timber at sale or harvest and to require state appropriations to each
county, municipality, or school district affected by such ad valorem tax
assessment elimination?"
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.