An Act to Aamend Chapter 5 of Title 48 of the Official Code of Georgia Annotated

Georgia Ballot Measure - HB 788

Election: Nov. 4, 2014 (General)
Outcome: Pending

Categories:

Summary

A bill to be entitled 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 property owned by the University System of Georgia that is operated by a third party; to provide that such arrangements shall not constitute special franchises; to provide for a state-wide referendum; to provide for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Measure Text

A BILL TO BE ENTITLED 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 private interests in property of the Board of Regents of the University System of Georgia that is operated by a private party; to provide that such arrangements shall not constitute special franchises; to provide for a state-wide referendum; to provide for an effective date; 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 by adding a new subparagraph in paragraph (1) of subsection (a) of Code Section 48-5-41, relating to property exempt from ad valorem taxation, as follows:
"(F) All interests in property on a campus of the Board of Regents of the University System of Georgia primarily used for student housing or parking held by a private party that is contractually obligated to operate such property primarily for the use or benefit of a public college or university shall be considered to be public property within the meaning of this paragraph, provided that such interest of the private party resulted from a competitive procurement."

SECTION 2.
Said chapter is further amended by revising Code Section 48-5-421.1, relating to public-private transportation projects not being designated as special franchises, as follows:
"48-5-421.1.
Any property which is exempt from ad valorem taxation pursuant to subparagraphs (a)(1)(E) or (a)(1)(F) 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.
The Secretary of State shall call and conduct a referendum for the approval or disapproval of Section 1 of this Act on the date of and in conjunction with the November, 2014, 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 referendum to be published in the official organ of each county in the state once at least 60 days prior to the date of the referendum and once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

"Shall property owned by the University System of Georgia and utilized by
providers of college and university student housing and other facilities
continue to be exempt from taxation to keep costs affordable?"
( ) YES
( ) NO

All persons desiring to vote for approval of this Act shall vote "Yes" and those persons desiring to vote for disapproval of this Act shall vote "No". If more than one-half of the votes cast on such question are for approval of this Act, then Section 1 of this Act shall become effective on January 1, 2015, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall not become effective and shall be automatically repealed on January 1, 2015.

SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that if Section 1 of this Act does not become effective and is automatically repealed pursuant to Section 3 of this Act, Section 2 of this Act shall also not become effective and shall be automatically repealed on January 1, 2015.

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.