GEORGIA DEPARTMENT OF REVENUE L OCAL GOVERNMENT SERVICES DIVISION
Georgia Assessor Administration
For Educational Purposes Only:
The material within is intended to give the course participant a solid understanding of general principles in the subject area. As such, the material may not necessarily reflect the official procedures and policies of the Georgia Department of Revenue or the Department’s official interpretation of the laws of the State of Georgia. The application of applicability to specific situations of the theories, techniques, and approaches discussed herein must be determined on a case-by-case basis.
Revised July 2021
Table of Contents
COUNTY BOARDS OF TAX ASSESSORS ______5
48-5-290. CREATION OF COUNTY BOARD OF TAX ASSESSORS; APPOINTMENT AND NUMBER OF MEMBERS; COMMISSION; NONELIGIBILITY OF CERTAIN INDIVIDUALS. ______6 48-5-291. QUALIFICATIONS FOR MEMBERS; NONAPPLICABILITY TO CERTAIN MEMBERS; APPROVED APPRAISALS. ______7 560-11-2-.31 COUNTY BOARD OF TAX ASSESSORS—QUALIFICATIONS. ______8 48-5-292. INELIGIBILITY OF COUNTY TAX ASSESSORS TO HOLD OTHER OFFICES; APPLICABILITY IN CERTAIN COUNTIES. ______9 48-5-293. OATHS OF OFFICE. ______9 48-5-294. COMPENSATION. ______9 48-5-295. TERMS OF OFFICE; VACANCIES; REMOVAL BY COUNTY GOVERNING AUTHORITY. ______9 48-5-295.1. PERFORMANCE REVIEW BOARD. ______10 48-5-295.2 INDEPENDENT PERFORMANCE REVIEW BOARD; WRITTEN REPORT; WITHHOLDING OF FUNDS ______11 48-5-296. REMOVAL FROM OFFICE ON PETITION OF FREEHOLDERS; APPEALS. ______11 48-5-297. MEETINGS. ______12 48-5-298. SELECTION OF CHAIRMAN AND SECRETARY; EMPLOYMENT CONTRACTS WITH PERSONS TO ASSIST BOARD; PAYMENT OF EXPENSES. ______12 48-5-299 ASCERTAINMENT OF TAXABLE PROPERTY: ______13 48-5-299.1 DESIGNATION OF BOARD OF ASSESSORS TO RECEIVE TAX RETURNS: ______13 48-5-301 TIME FOR PRESENTATION OF RETURNS BY TAX RECEIVER OR TAX COMMISSIONER: ______13
ROBERTS RULES OF ORDER. ______14
ART. I. HOW BUSINESS IS CONDUCTED IN DELIBERATIVE ASSEMBLIES. ______14 ART. II. GENERAL CLASSIFICATION OF MOTIONS. ______25 ART. III. PRIVILEGED MOTIONS. ______30 ART. IV. INCIDENTAL MOTIONS. ______39 ART. V. SUBSIDIARY MOTIONS. ______52 ART. VI. SOME MAIN AND UNCLASSIFIED MOTIONS. ______76 ART. VIII. VOTE. ______94 ART. IX. COMMITTEES AND BOARDS ______105 ART. X. THE OFFICERS AND THE MINUTES. ______119 ART. XI. MISCELLANEOUS. ______130
ANNUAL DIGEST PROCESS ______141
GENERAL PROCEDURES ______141 SALES RATIO ______141 DIGEST SUBMISSION DEADLINES ______147 1 ASSESSOR APPROVAL OF DIGEST AND DIGEST CHANGES ______148 DATE OF ASSESSMENT ______149 FIELD REVIEW AND PHYSICAL INSPECTION ______150 REASONABLE VALUE ESTIMATIONS ______153 SALES QUALIFICATIONS ______154 PT-61 S ______154 SALES LIST ______155 SALES ADJUSTMENTS ______156 STANDING TIMBER EXTRACTION ______156 APPRAISAL INFORMATION ______156 REVIEW OF RETURNS ______156 PT-50R ______159 RECORDS RETENTION ______161 560-11-10-.09(2)( D)4: RECORDS RETENTION SCHEDULES ______161 SUFFICIENT PROPERTY CHARACTERISTICS ______162 REQUIRED STRUCTURE CHARACTERISTICS ______162 RURAL LAND SCHEDULE ______162 STANDING TIMBER EXTRACTION ______209 RURAL LAND LOCATION AND SIZE ADJUSTMENTS ______223 RURAL LAND ADJUSTMENTS FOR ABSORPTION ______232 URBAN LAND VALUATION ______239 IMPROVEMENT VALUATION ______251 EXEMPT PROPERTY REVIEW ______260 EFFICIENT OPERATION OF APPRAISAL STAFF ______265 CERTIFIED LIST OF ASSESSMENTS ______266 CAMA SYSTEMS ______266 ASSESSMENT NOTICES ______267 48-5-263( B): NOTICE OF ASSESSMENT APPROVAL ______267 NONTECHNICAL NOA (N OTICE OF ASSESSMENT ) REASON DESCRIPTIONS ______268 FREEZE STATEMENTS ______270 APPEALS ______272 48-5-266. SUBMISSION BY CHIEF APPRAISER OF ASSESSMENT LIST WITH SUPPORTING INFORMATION ; ATTENDANCE AND PROVIDING OF INFORMATION AT APPEAL HEARINGS . ______272 48-5-304. APPROVAL OF TAX DIGESTS WHEN ASSESSMENTS IN ARBITRATION OR ON APPEAL ; PROCEDURE ; WITHHOLDING OF GRANTS BY OFFICE OF TREASURY AND FISCAL SERVICES . ______272 48-5-345. RECEIPT FOR DIGEST AND ORDER AUTHORIZING USE ; ASSESSMENT IF DEVIATION FROM PROPER ASSESSMENT RATIO . 272 CLASS / STRATA CODES ______273 560-11-2-.21 CLASSIFICATION OF TANGIBLE PROPERTY ON COUNTY TAX DIGESTS . ______273 1ST DIGIT – CLASSIFICATION ______273 2ND DIGIT - REAL PROPERTY STRATA ______274 2ND DIGIT - PERSONAL PROPERTY STRATA ______274 2
MAPPING ______275 560-11-10-.09(2)( D)1( I): GEOGRAPHIC INFORMATION. ______275 STAFFING ______275 48-5-261. CLASSIFICATION OF COUNTIES FOR ADMINISTRATION OF PART . ______275 48-5-262. COMPOSITION AND DUTIES OF COUNTY APPRAISAL STAFFS ; "COUNTY CIVIL SERVICE SYSTEM " DEFINED . ______275 IAAO STAFFING STANDARDS ______276 48-5-263. QUALIFICATIONS , DUTIES , AND COMPENSATION OF APPRAISERS . ______277 48-5-264. DESIGNATION AND DUTIES OF CHIEF APPRAISER . ______278 48-5-264.1. RIGHT OF CHIEF APPRAISER AND OTHERS TO INSPECT PROPERTY ; SUPPLYING IDENTIFICATION TO OCCUPANT OF PROPERTY ; STATEMENT TO BE INCLUDED IN TAX BILL . ______278 48-5-265. FORMATION OF JOINT COUNTY PROPERTY APPRAISAL STAFFS ; CONTRACTING BY CLASS I COUNTIES WITH PERSONS TO RENDER ADVICE OR ASSISTANCE ; COMPENSATION . ______279 48-5-268. TRAINING COURSES FOR NEW APPRAISERS ; CONTINUING EDUCATION FOR EXPERIENCED APPRAISERS ; MEMBER OF COUNTY APPRAISAL STAFF TO APPRAISE TANGIBLE PERSONAL PROPERTY. ______280 HOMESTEAD EXEMPTIONS ______280 48-5-40(3)(G): ______280 48-5-44. EXEMPTION OF HOMESTEAD OCCUPIED BY OWNER ; EFFECT OF PARTICIPATION IN RURAL HOUSING PROGRAM ON HOMESTEAD EXEMPTION ; LIMITS . ______280 48-5-45. APPLICATION FOR HOMESTEAD EXEMPTION ; UNLAWFUL TO SOLICIT FEE TO FILE APPLICATION FOR HOMESTEAD FOR ANOTHER . ______280 48-5-46. PROCEDURE FOR APPLICATION . ______281 48-5-47. APPLICATIONS FOR HOMESTEAD EXEMPTIONS OF INDIVIDUALS 65 OR OLDER . ______281 48-5-47.1. HOMESTEAD EXEMPTIONS FOR INDIVIDUALS 62 OR OLDER WITH ANNUAL INCOMES NOT EXCEEDING $30,000.00 282 48-5-48. HOMESTEAD EXTENSION BY QUALIFIED DISABLED VETERAN ; FILING REQUIREMENTS ; PERIODIC SUBSTANTIATION OF ELIGIBILITY ; PERSONS ELIGIBLE WITHOUT APPLICATION . ______284 48-5-48.3 HOMESTEAD EXEMPTION FOR SENIOR CITIZENS . ______286 48-5-48.4 HOMESTEAD EXEMPTION FOR UNREMARRIED SURVIVING SPOUSE OF PEACE OFFICER OR FIREFIGHTER KILLED IN LINE OF DUTY . ______286 48-5-49. DETERMINATION OF ELIGIBILITY OF APPLICANT ; APPEAL . ______287 48-5-50. HOMESTEAD VALUE CREDITED WITH EXEMPTION ; APPROVAL OF CORRECTNESS OF VALUE , EXEMPTION , AND DIFFERENCE . ______287 48-5-50.1. CLAIM AND RETURN OF CONSTITUTIONAL OR LOCAL LAW HOMESTEAD EXEMPTIONS FROM COUNTY TAXES , COUNTY SCHOOL TAXES , OR MUNICIPAL OR INDEPENDENT SCHOOL DISTRICT TAXES . ______288 48-5-51. FRAUDULENT CLAIM OF HOMESTEAD EXEMPTION UNDER CODE SECTIONS 48-5-44 THROUGH 48-5-50; PENALTY . _ 288 48-5-52. EXEMPTION FROM AD VALOREM TAXATION FOR EDUCATIONAL PURPOSES OF HOMESTEADS OF QUALIFIED INDIVIDUALS 62 OR OLDER ; APPLICATION ; REPLACEMENT OF REVENUE . ______288 48-5-52.1. EXEMPTION FROM AD VALOREM TAXATION FOR STATE , COUNTY , MUNICIPAL , AND SCHOOL PURPOSES OF HOMESTEADS OF UNREMARRIED SURVIVING SPOUSES OF U.S. SERVICE MEMBERS KILLED IN ACTION . ______290 48-5-53. FALSIFICATION OF INFORMATION REQUIRED BY CODE SECTION 48-5-52; PENALTY . ______291 48-5-54. APPLICATION OF HOMESTEAD EXEMPTIONS TO PROPERTIES WITH MULTIPLE TITLEHOLDERS AND PROPERTIES HELD BY ADMINISTRATORS , EXECUTORS , OR TRUSTEES . ______291 3
48-5-55. CONTINUATION OF CONSTITUTIONAL EXEMPTIONS FROM AD VALOREM TAXES. ______291 48-5-56. NOTICE OF HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION TO ACCOMPANY BILL FOR AD VALOREM TAXES ON REAL PROPERTY . ______292 COVENANTS ______293 48-5-7.1. TANGIBLE REAL PROPERTY DEVOTED TO AGRICULTURAL PURPOSES ______293 48-5-7.2. CERTIFICATION AS REHABILITATED HISTORIC PROPERTY FOR PURPOSES OF PREFERENTIAL ASSESSMENT . ______298 48-5-7.3. LANDMARK HISTORIC PROPERTY ______301 48-5-7.4. BONA FIDE CONSERVATION USE PROPERTY ; RESIDENTIAL TRANSITIONAL PROPERTY ; APPLICATION PROCEDURES ; PENALTIES FOR BREACH OF COVENANT ; CLASSIFICATION ON TAX DIGEST ; ANNUAL REPORT . ______304 48-5-7.6. "B ROWNFIELD PROPERTY " DEFINED ; RELATED DEFINITIONS ; QUALIFYING FOR PREFERENTIAL ASSESSMENT ; DISQUALIFICATION OF PROPERTY RECEIVING PREFERENTIAL ASSESSMENT; RESPONSIBILITIES OF PROPERTY OWNERS ; TRANSFERS OF PROPERTY ; COSTS ; APPEALS ; PENALTY AND CREATION OF LIEN AGAINST PROPERTY ; EXTENSION OF PREFERENTIAL ASSESSMENT OF BROWNFIELD PROPERTY UNDER CERTAIN CIRCUMSTANCES ______316 48-5-7.7. SHORT TITLE ; DEFINITIONS ______322 PUBLIC UTILITY EQUALIZED RATIO ______330 48-2-18. (F OR EFFECTIVE DATE , SEE NOTE .) STATE BOARD OF EQUALIZATION ; DUTIES ______330 48-5-510. DEFINITIONS . ______331 48-5-511. RETURNS OF PUBLIC UTILITIES TO COMMISSIONER ; ITEMIZATION AND FAIR MARKET VALUE OF PROPERTY ; OTHER INFORMATION ; APPORTIONMENT TO MORE THAN ONE TAX JURISDICTION . ______331 48-5-524. ANNUAL REPORT BY COMMISSIONER TO EACH COUNTY BOARD OF TAX ASSESSORS OF ALL PUBLIC UTILITY PROPERTY WITHIN COUNTY ; CONTENTS ; AVAILABILITY FOR PUBLIC INSPECTION . ______332 MANUFACTURED HOUSING ______333 48-5-490. MOBILE HOMES OWNED ON JANUARY 1 SUBJECT TO AD VALOREM TAXATION . ______333 560-11-9-.01 PURPOSE AND SCOPE . ______333 560-11-9-.02 DEFINITIONS . ______333 560-11-9-.03 RETURN OF MOBILE HOMES . ______333 560-11-9-.04 ISSUANCE OF PERMITS ; DISPLAY OF DECALS . ______334 560-11-9-.05 INSPECTIONS AND CITATIONS . ______335 48-5-492. ISSUANCE OF MOBILE HOME LOCATION PERMITS ; ISSUANCE AND DISPLAY OF DECALS . ______335 48-5-493. FAILURE TO ATTACH AND DISPLAY DECAL ; PENALTIES ; VENUE FOR PROSECUTION. ______336 48-5-494. RETURNS FOR TAXATION ; APPLICATION FOR AND ISSUANCE OF MOBILE HOME LOCATION PERMITS UPON PAYMENT OF TAXES DUE . ______336 48-5-495. COLLECTION PROCEDURE WHEN TAXING COUNTY DIFFERS FROM COUNTY OF PURCHASER 'S RESIDENCE . ______336 560-11-9-.06 TRANSPORTING MOBILE HOMES . ______337 560-11-9-.07 VALUATION METHODS . ______337 560-11-9-.08 MOBILE HOME DIGEST . ______337 560-11-9-.09 APPEALS . ______339 560-11-9-.10 COLLECTION OF TAX . ______340 560-11-9-.11 PENALTIES . ______340 560-11-9-.12 NOTICE OF RIGHT TO APPEAL MOBILE HOME VALUATION .______341 PERSONAL PROPERTY ______341 4
48-5-268(B)(2): TRAINING COURSES FOR NEW APPRAISERS; CONTINUING EDUCATION FOR EXPERIENCED APPRAISERS; MEMBER OF COUNTY APPRAISAL STAFF TO APPRAISE TANGIBLE PERSONAL PROPERTY. ______341 48-5-16. RETURN OF TANGIBLE PERSONAL PROPERTY IN COUNTY WHERE BUSINESS CONDUCTED; EXEMPTIONS; BOATS; AIRCRAFT. ______341 48-5-41.2. EXEMPTION FROM TAXATION OF PERSONAL PROPERTY IN INVENTORY FOR BUSINESS ALL TANGIBLE PERSONAL PROPERTY CONSTITUTING THE INVENTORY OF A BUSINESS SHALL BE EXEMPT FROM STATE AD VALOREM TAXATION. ______342 48-5-42. EXEMPT PERSONALTY. ______342 48-5-42.1. PERSONAL PROPERTY TAX EXEMPTION FOR PROPERTY VALUED AT $7,500.00 OR LESS. ______342 48-5-48.1. TANGIBLE PERSONAL PROPERTY INVENTORY EXEMPTION; APPLICATION; FAILURE TO FILE APPLICATION AS WAIVER OF EXEMPTION; DENIALS; NOTICE OF RENEWALS ______342 48-5-48.2. LEVEL 1 FREEPORT EXEMPTION; REFERENDUM ______344 48-5-48.5. LEVEL 2 FREEPORT EXEMPTION; APPLICATION; FILING; RENEWAL ______346 48-5-48.6. LEVEL 2 FREEPORT EXEMPTION; REFERENDUM ______347 PENALTY ______349 AUDITS ______349
5 County Boards of Tax Assessors
48-5-290. Creation of county board of tax assessors; appointment and number of members; commission; noneligibility of certain individuals. (a) There is established a county board of tax assessors in each of the several counties of this state.
(b) Except as provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority.
(c) The order making an appointment to the county board of tax assessors shall be regularly entered upon the record of the superior court of the county. A certificate from the clerk of the superior court reciting the order and stating that the person appointed has taken the oath required by law shall constitute the commission of a member. No other commission shall be required. The clerk of the superior court shall transmit a copy of the certificate to the commissioner within five days of the date the oath is administered.
(d) No individual may be appointed or reappointed to a county board of tax assessors when the individual is related to a member of the county governing authority in one or more of the following degrees:
(1) Mother or mother-in-law;
(2) Father or father-in-law;
(3) Sister or sister-in-law;
(4) Brother or brother-in-law;
(5) Grandmother or grandmother by marriage;
(6) Grandfather or grandfather by marriage;
(7) Son or son-in-law; or
(8) Daughter or daughter-in-law.
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48-5-291. Qualifications for members; nonapplicability to certain members; approved appraisals. (a) No individual shall serve as a member of the county board of tax assessors who:
(1) Is less than 21 years of age;
(2) Fails to make his or her residence within the county within six months after taking the oath of office as a member of the board;
(3) Does not hold a high school diploma or its equivalent.
(4) Has not successfully completed 40 hours of training either prior to or within 180 days of appointment as provided in subsection (b) of this Code section;
(5) Has not obtained and maintained a certificate issued by the commissioner; and
(6) In addition to the training required in paragraph (4) of this Code section, does not successfully complete an additional 40 hours of approved appraisal courses as provided in subsection (b) of this Code section during each two calendar years of tenure as a member of the county board of tax assessors.
(b) Approved appraisal courses shall be courses of instruction covering the basic principles of appraisal and assessing of all classes and types of property including instruction in the fundamentals of Georgia law covering the appraisal and assessing of property for ad valorem tax purposes as prescribed and designated by the commissioner pursuant to Code Section 48-5-13. To ensure that the assessment functions are performed in a professional manner by competent assessors, meeting clearly specified professional qualifications, the commissioner shall develop, approve, and administer courses of instruction designed to qualify applicants or tax assessors under this Code section and to specify qualification requirements for certification. The commissioner may contract with any professional appraisal organization or firm or institution of higher education in this state to provide the necessary courses of instruction or any part of any such course pursuant to Code Section 48-5-13.
(c) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section.
7
560-11-2-.31 County Board of Tax Assessors—Qualifications.
(1) ‘Approved Appraisal Courses’ under O.C.G.A. § 48-5-291 shall be only those courses approved by the Local Government Services Division of the Georgia Department of Revenue.
(2) ‘Two Calendar Years of Tenure’ under § 48-5-291 shall mean any calendar twenty-four (24) month period beginning on the date the assessor is appointed.
(3) ‘Certificate’ as issued by the Commissioner under O.C.G.A. § 48-5-291 shall mean a certificate issued by the Revenue Commissioner officially and specifically for the purpose of designating an assessor as certified pursuant to § 48-5-291(a)(5). ‘Certificate’ shall not mean any certificate issued specifically for the successful completion of approved appraisal courses. No duties or responsibilities may be executed by a board of tax assessors having a majority of members who do not have a valid ‘Certificate.’ A ‘Certificate’ shall be:
(a) Issued to each board of assessor member upon the Revenue Commissioner’s receipt of the oath of office signed by the assessor member along with, if available, proof of high school education;
(b) Printed with an expiration date coinciding with the tax assessor’s term of office;
(c) Posted in a prominent location readily viewable by the public in the office of the board of tax assessors; and
1. A Certificate may be revoked for a direct and clear violation of state law and regulations governing the duties and responsibilities of the board of tax assessors.
(i) Revenue Commissioner or his delegates shall have the authority to revoke . (ii) A board of tax assessor whose ‘Certificate’ has been revoked may not vote in any legal Board of Assessors meeting and their attendance shall not count as a member necessary to constitute a quorum. Any attendance by such revoked member shall be duly noted in the minutes of that meeting.
(I) Notice of revocation will be provided to: (A) The individual board of assessor member whose certificate is revoked; (B) The county board of tax assessors Chairperson; and (C) The county governing authority. (iii) Revocation of a Certificate shall remain in effect until such time as the ex-board member becomes compliant with Georgia law and regulations governing the duties, certification, training requirements, and qualifications of the board of tax assessors and certification has been reinstated by the Revenue Commissioner or his delegates.
(iv) Revocation of an assessor member’s Certificate pursuant to subsection (b) of Code Section 48-5-295 may be grounds for permanent removal from a county’s board of tax assessors by the Revenue Commissioner.
(v) Revocation of a Certificate may be appealed by the assessor member in writing to the Revenue Commissioner, by way of the Director of the Local Government Services Division. All evidence and arguments to be considered must be included in the written appeal. (I) Appeals must be filed within 30 days of revocation date printed on the notice. (II) Extensions to the 30 day appeal filing period may be granted by the Director of Local Government Services. 8
48-5-292. Ineligibility of county tax assessors to hold other offices; applicability in certain counties. (a) No member of a county board of tax assessors shall be eligible to hold any state, county, or municipal office during the time he holds such office. A member of the board may be reappointed to succeed himself as a member of the board.
(b) Reserved.
(c) In any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, no member of a county board of tax assessors shall be eligible to hold any county property appraisal staff position during the time such person holds office as a member of a county board of tax assessors, except as otherwise provided by law.
(d) In any county in this state in which a chief appraiser or a member of the county property appraisal staff is not otherwise prohibited under this Code section from serving simultaneously as a member of the county board of tax assessors and is serving simultaneously in such capacity, such chief appraiser or member of the county property appraisal staff shall upon ceasing to serve as chief appraiser or member of the county property appraisal staff automatically cease to serve as a member of the county board of tax assessors. Any vacancy created on the county board of tax assessors under this subsection shall be filled in the manner provided under subsection (a) of Code Section 48-5-295.
48-5-293. Oaths of office. Each member of the county board of tax assessors shall take an oath before the judge or the clerk of the superior court of the county to perform faithfully and impartially the duties imposed upon him by law. In addition, he shall also take the oath required of all public officers as provided in Code Section 45-3-1.
48-5-294. Compensation. Each member of the county board of tax assessors shall be paid as compensation for his services an amount to be determined from time to time by the county governing authority. The compensation to be paid to a member of the board shall not be less than $20.00 per day for the time he is actually discharging the duties required of him. Attendance at required approved appraisal courses shall be part of the official duties of a member of the board and he shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with the courses. The compensation of the members of the board and other expenses as may necessarily be incurred in the performance of the duties of the board shall be paid from the county treasury in the same manner as other payments by the county are made.
48-5-295. Terms of office; vacancies; removal by county governing authority. (a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of 9 office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors a copy of the resolution setting the length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office.
(b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (e) of Code Section 48-5-262. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 and no member whose removal is attempted based on this subsection may be removed by the county governing authority during such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal.
(c) As used in subsection (b) of this Code section, the term "failure to perform the duties" shall include a finding by the county governing authority that the member of the county board of tax assessors has shown a pattern of decisions in his or her capacity as such member that has provided substantially incorrect assessments or substantially inconsistent tax assessments between similar properties.
(d) The provisions of subsection (b) of this Code section shall be a supplemental alternative to proceedings for removal under Code Section 48-5-296; and the existence of one remedy shall not bar the other.
48-5-295.1. Performance review board. (a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be chief appraisers, provided that neither chief appraiser shall be a chief appraiser for the county under review.
(b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the technical competency of appraisal techniques and compliance with state law and
10 regulations, including the Property Tax Appraisal Manual. The performance review board shall issue a written report of its findings to the commissioner and the county governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.
(c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295.
(d) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section.
48-5-295.2 Independent performance review board; written report; withholding of funds (a) The commissioner shall appoint an independent performance review board if he or she determines, through the examination of the digest for any county in a digest review year pursuant to Code Section 48-5- 342, that there is evidence which calls into question the technical competence of appraisal techniques and compliance with state law and regulations, including the Property Tax Appraisal Manual, with respect to the conservation use value of forest land.
(b) The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be chief appraisers, provided that neither chief appraiser shall be a chief appraiser for the county under review.
(c) The performance review board shall issue a written report of its findings to the commissioner and the county governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.
(d) The findings of the report of the review board under subsection (c) of this Code section or of any audit performed by the Department of Revenue or the Department of Audits shall be grounds for the state to withhold local assistance grants pursuant to Code Section 48-5A-3; provided, however, that any portion of a local assistance grant designated for use by a board of education of any political subdivision shall not be withheld pursuant to this subsection. If the findings in the report of the performance review board indicate that the provisions of paragraph (6) of Code Section 48-5-2 have been knowingly violated by a local government in order to receive a larger local assistance grant than allowed by law, then the most recent local assistance grant requested by the local government shall be withheld by the Department of Revenue. For a second or subsequent offense, the next two requests for local assistance grants shall be withheld by the Department of Revenue.
(e) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section.
48-5-296. Removal from office on petition of freeholders; appeals. Whenever by petition to the judge of the superior court any 100 or more freeholders of the county allege that any member of the county board of tax assessors is disqualified or is not properly and impartially discharging 11 his duties or is discriminating in favor of certain citizens or classes of citizens and against others, the judge shall cite the member to appear before him at a time and place to be fixed in the citation, such time to be not less than 20 nor more than 40 days from the date of the presentation of the petition, and to answer to the petition. A copy of the petition shall be attached to the citation and service of the citation may be made by any sheriff, deputy sheriff, or constable of this state. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is returned. At the time and place fixed in the citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member of the county board of tax assessors from office and declaring a vacancy in the office. If either party to the controversy is dissatisfied with the judgment and order of the court, the party may appeal the issue as in other cases.
48-5-297. Meetings. The first meeting of the county board of tax assessors shall be held no later than ten days after the date the tax receiver or tax commissioner is required by law to submit the tax digest for the year to the county board of tax assessors. The secretary of the board shall at that time and at every meeting of the board present to the board all of the appraisal staff information relating to the digest. The county board of tax assessors must consider the staff information in the performance of their duties. The county board of tax assessors shall adhere to the assessment standards and techniques as required by law, by the commissioner, and by the State Board of Equalization. In each instance, however, the assessment placed on each parcel of property shall be the assessment established by the county board of tax assessors as provided in Code Section 48-5-306.
48-5-298. Selection of chairman and secretary; employment contracts with persons to assist board; payment of expenses. (a) Each county board of tax assessors shall elect one of its members to serve as chairman for each tax year. The election of a chairman shall be the first order of business at the first meeting of the board for each tax year. At the same time, the board shall select from the county appraisal staff one appraiser to act as secretary to the board for that tax year. Each county board of tax assessors, subject to the approval of the county governing authority, may enter into employment contracts with persons to:
(1) Assist the board in the mapping, platting, cataloging, indexing, and appraising of taxable properties in the county;
(2) Make, subject to the approval of the board, reevaluations of taxable property in the county; and
(3) Search out and appraise unreturned properties in the county.
(b) Each county board of tax assessors may enter into a contract with any municipality or political subdivision of the state to provide any information for which the board could contract pursuant to subsection (a) of this Code section.
(c) The expenses of employees engaged and work performed pursuant to this Code section shall be paid, subject to the contracts and after approval by the county governing authority, out of county funds as a part of the expenses of the board. A county board of education or independent board of education may expend funds to assist in paying the expenses incurred in discovering unreturned properties pursuant to this Code Section for the purpose of collecting unpaid school taxes. The method of such expenditure as provided in this
12 subsection and the amount thereof shall be within the discretion of the county board of education or independent board of education. 48-5-299 Ascertainment of taxable property: (a) It shall be the duty of the county board of tax assessors to investigate diligently and to inquire into the property owned in the county for the purpose of ascertaining what real and personal property is subject to taxation in the county and to require the proper return of the property for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due the state or the county have not been paid in full as required by law. In all cases where the full amount of taxes due the state or county has not been paid, the board shall assess against the owner, if known, and against the property, if the owner is not known, the full amount of taxes which has accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the board may proceed to assess the taxes against the owner of the property according to the best information obtainable; and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed.
48-5-299.1 Designation of board of assessors to receive tax returns: Upon designation by the tax receiver or tax commissioner pursuant to paragraph (5) of Code Section 48-5-103, it shall be the duty of the board of assessors to receive tax returns as provided under paragraph (4) of Code Section 48-5-103 or to perform all duties of tax receivers or tax commissioners relating to the receiving of applications for homestead exemptions from ad valorem tax, or both, pursuant to such designation.
48-5-301 Time for presentation of returns by tax receiver or tax commissioner: (a) Except as provided in subsection (b) of this Code section, not later than April 11 in each year the tax receiver or tax commissioner of each county shall present the tax returns of the county for the current year to the county board of tax assessors. (b) In all counties having a population of not less than 81,300 nor more than 89,000 according to the United States decennial census of 1990 or any future such census, the tax receiver or tax commissioner of each such county shall present the tax returns of the county for the current year to the county board of tax assessors not later than March 11 of that year.
13 Roberts Rules of OrderOrder.... Art. I. How Business Is Conducted in Deliberative Assemblies.
1. Introduction of Business
2. What Precedes Debate
3. Obtaining the floor
4. Motions and Resolutions
5. Seconding Motions
6. Stating the Question
7. Debate
8. Secondary Motions
9. Putting the Question and Announcing the Vote
10. Proper Motions to Use to Accomplish Certain Objects
1. Introduction of Business. An assembly having been organized as described in 69, 70, 71, business is brought before it either by the motion of a member, or by the presentation of a communication to the assembly. It is not usual to make motions to receive reports of committees or communications to the assembly. There are many other cases in the ordinary routine of business where the formality of a motion is dispensed with, but should any member object, a regular motion becomes necessary, or the chair may put the question without waiting for a motion.
2. What Precedes Debate. Before any subject is open to debate it is necessary, first, that a motion be made by a member who has obtained the floor; second, that it be seconded (with certain exceptions); and third, that it be stated by the chair, that is, by the presiding officer. The fact that a motion has been made and seconded does not put it before the assembly, as the chair alone can do that. He must either rule it out of order, or state the question on it so that the assembly may know what is before it for consideration and action, that is, what is the immediately pending question. If several questions are pending, as a resolution and an amendment and a motion to postpone, the last one stated by the chair is the immediately pending question.
While no debate or other motion is in order after a motion is made, until it is stated or ruled out of order by the chair, yet members may suggest modifications of the motion, and the mover, without the consent of the seconder, has the right to make such modifications as he pleases, or even to withdraw his motion entirely before the chair states the question. After it is stated by the chair he can do neither without the consent of the assembly as shown in 27(c). A little informal consultation before the question is stated often saves much time, but the chair must see that this privilege is not abused and allowed to run into debate. When the mover
14 modifies his motion the one who seconded it has a right to withdraw his second.
3. Obtaining the Floor. Before a member call make a motion, or address the assembly in debate, it is necessary that he should obtain the floor -- that is, he must rise after the floor has been yielded, and address the presiding officer by his official title, thus, "Mr. Chairman," or "Mr. President," or "Mr. Moderator;"1 or, if a woman (married or single), "Madam Chairman," or "Madam President." If the assembly is large so that the member's name may be unknown to the chairman, the member should give his name as soon as he catches the eye of the chairman after addressing him. If the member is entitled to the floor, as shown hereafter, the chairman "recognizes" him, or assigns him the floor, by announcing his name. If the assembly is small and the members are known to each other, it is not necessary for the member to give his name after addressing the chair, as the presiding officer is termed, nor is it necessary for the chair to do more than bow in recognition of his having the floor. If a member rises before the floor has been yielded, or is standing at the time, he cannot obtain the floor provided any one else rises afterwards and addresses the chair. It is out of order to be standing when another has the floor, and the one guilty of this violation of the rules cannot claim he rose first, as he did not rise after the floor had been yielded.
Where two or more rise about the same time to claim the floor, all other things being equal, the member who rose first after the floor had been yielded, and addressed the chair is entitled to the floor. It frequently occurs, however, that where more than one person claims the floor about the same time, the interests of the assembly require the floor to be assigned to a claimant that was not the first to rise and address the chair. There are three classes of such cases that may arise: (1) When a debatable question is immediately pending; (2) when an undebatable question is immediately pending; (3) when no question is pending. In such cases the chair in assigning the floor should be guided by the following principles:
(1) When a Debatable Question is immediately Pending. (a) The member upon whose motion the immediately pending debatable question was brought before the assembly is entitled to be recognized as having the floor (if he has not already spoken on that question) even though another has risen first and addressed the chair. The member thus entitled to preference in recognition in case of a committee's report is the reporting member (the one who presents or submits the report); in case of a question taken from the table, it is the one who moved to take the question from the table; in case of the motion to reconsider, it is the one who moved to reconsider, and who is not necessarily the one who calls up the motion. (b) No member who has already had the floor in debate on the immediately pending question is again entitled to it for debate on the same question. As the interests of the assembly are best subserved by allowing the floor to alternate between the friends and enemies of a measure, the chairman, when he knows which side of a question is taken by each claimant of the floor, and these claims are not determined by the above principles, should give the preference to the one opposed to the last speaker.
(2) When an Undebatable Question Is Immediately Pending. When the immediately pending question is undebatable, its mover has no preference to the floor, which should be assigned in accordance with the principles laid down under (b) in paragraph below.
15 (3) When No Question Is Pending . (a) When one of a series of motions has been disposed of, and there is no question actually pending, the next of the series has the right of way, and the chair should recognize the member who introduced the series to make the next motion, even though another has risen first and addressed the chair. In fact no other main motion is in order until the assembly has disposed of the series. Thus, the motion to lay on the table, properly used, is designed to lay aside a question temporarily, in order to attend to some more urgent business, and, therefore, if a question is laid on the table, the one who moved to lay it on the table, if he immediately claims the floor, is entitled to it to introduce the urgent business even though another has risen first. So, when the rules are suspended to enable a motion to be made, the mover of the motion to suspend the rules is entitled to the floor to make the motion for which the rules were suspended, even though another rose first. When a member moves to reconsider a vote for the announced purpose of amending the motion, if the vote is reconsidered he must be recognized in preference to others in order to move his amendment. (b) If, when no question is pending and no series of motions has been started that has not been disposed of, a member rises to move to reconsider a vote, or to call up the motion to reconsider that had been previously made, or to take a question from the table when it is in order, he is entitled to the floor in preference to another that may have risen slightly before him to introduce a main motion, provided that when some one rises before him he, on rising, states the purpose for which he rises. If members, rising to make the above mentioned motions, come into competition they have the preference in the order in which these motions have just been given; first, to reconsider; and last to take from the table. When a motion to appoint a committee for a certain purpose, or to refer a subject to a committee, has been adopted no new subject (except a privileged one) can be introduced until the assembly has decided all of the related questions as to the number of the committee, and as to how it shall be appointed, and as to any instructions to be given it. In this case the one who made the motion to appoint the committee or refer the subject to a committee has no preference in recognition. If he had wished to make the other motions he should have included them all in his first motion.
From the decision of the chair in assigning the floor any two members may appeal, 2 one making the appeal and the other seconding it. Where the chair is in doubt as to who is entitled to the floor, he may allow the assembly to decide the question by a vote, the one having the largest vote being entitled to the floor.
If a member has risen to claim the floor, or has been assigned the floor, and calls for the question to be made, or it is moved to adjourn, or to lay the question on the table, it is the duty of the chair to suppress the disorder and protect the member who is entitled to the floor. Except by general consent, a motion cannot be made by one who has not been recognized by the chair as having the floor. If it is made it should not be recognized by the chair if any one afterwards rises and claims the floor, thus showing that general consent has not been given.
In Order When Another Has the Floor. After a member has been assigned the floor he cannot be interrupted by a member or the chairman, except by (a) a motion to reconsider; (b) a point of order; an objection to the consideration of the question; (d) a call for the orders of the day when they are not being conformed to; (e) a question of privilege; (f) a request or demand that the question be divided when it consists of more than one
16 independent resolution on different subjects; or (g) a parliamentary inquiry or a request for information that requires immediate answer; and these cannot interrupt him after he has actually commenced speaking unless the urgency is so great as to justify it. The speaker (that is, the member entitled to the floor) does not lose his right to the floor by these interruptions, and the interrupting member does not obtain the floor thereby, and after they have been attended to, the chair assigns him the floor again. So when a member submitting a report from a committee or offering a resolution, hands it to the secretary to be read, he does not thereby yield his right to the floor. When the reading is finished and the chair states the question, neither the secretary nor any one else can make a motion until the member submitting the report, or offering the resolution, has had a reasonable opportunity to claim the floor to which he is entitled, and has not availed himself of his privilege. If, when he submitted the report, he made no motion to accept or adopt the recommendations or resolutions, he should resume the floor as soon as the report is read, and make the proper motion to carry out the recommendations, after which he is entitled to the floor for debate as soon as the question is stated.
1. "Brother Moderator," or "Brother Chairman," implies that the speaker is also a moderator or chairman, and should not be used.
2. In the U. S. House of Representatives there is no appeal from the decision of the chair as to who is entitled to the floor, nor should there he any appeal in large mass meetings, as the best interests of the assembly require the chair to be given more power in such large bodies.
4. Motions and Resolutions . A motion is a proposal that the assembly take certain action, or that it express itself as holding certain views. It is made by a member's obtaining the floor as already described and saying, "I move that" (which is equivalent to saying, "I propose that"), and then stating the action he proposes to have taken. Thus a member "moves" (proposes) that a resolution be adopted, or amended, or referred to a committee, or that a vote of thanks be extended, etc.; or "That it is the sense of this meeting (or assembly) that industrial training," etc. Every resolution should be in writing, and the presiding officer has a right to require any main motion, amendment, or instructions to a committee to be in writing. When a main motion is of such importance or length as to be in writing it is usually written in the form of a resolution , that is, beginning with the words, " Resolved , That," the word " Resolved " being underscored (printed in italics) and followed by a comma, and the word "That" beginning with a capital "T." If the word "Resolved" were replaced by the words "I move," the resolution would become a motion. A resolution is always a main motion. In some sections of the country the word "resolve" is frequently used instead of "resolution." In assemblies with paid employees, instructions given to employees are called "orders" instead of "resolutions," and the enacting word, "Ordered" is used instead of "Resolved."
When a member wishes a resolution adopted after having obtained the floor, he says, "I move the adoption of the following resolution," or "I offer the following resolution," which he reads and hands to the chair. If it is desired to give the reasons for the resolution, they are usually stated in a preamble , each clause of which constitutes a paragraph beginning with "Whereas." The preamble is always amended last, as changes in the resolution may require changes the preamble. In moving the adoption of a resolution the preamble is not usually referred to, as it is included in the resolution. But when the previous question is ordered on the 17 resolution before the preamble has been considered for amendment, it does not apply to the preamble, which is then open to debate and amendment. The preamble should never contain a period, but each paragraph should close with a comma or semicolon, followed by "and," except the last paragraph, which should close with the word "therefore," or "therefore, be it." A resolution should avoid periods where practicable. Usually, where periods are necessary, it is better to separate it into a series of resolutions, in which case the resolutions may be numbered, if preferred, by preceding them with the figures 1, 2, etc.; or it may retain the form of a single resolution with several paragraphs, each beginning with "That," and these may be numbered, if preferred, by placing "First," "Second," etc., just before the word "That." The following form will serve as a guide when it is desired to give the reasons for a resolution:
Whereas, We consider that suitable recreation is a necessary part of a rational educational system; and
Whereas, There is no public ground in this village where our school children can play; therefore
Resolved , That it is the sense of this meeting that ample play grounds should be immediately provided for our school children.
Resolved , That a committee of five be appointed by the chair to present these resolutions to the village authorities and to urge upon them prompt action in the matter.
As a general rule no member can make two motions at a time except by general consent. But he may combine the motion to suspend the rules with the motion for whose adoption it was made; and the motion to reconsider a resolution and its amendments; and a member may offer a resolution and at the same time move to make it a special order for a specified time.
5. Seconding Motions . As a general rule, with the exceptions given below, every motion should be seconded. This is to prevent time being consumed in considering a question that only one person favors, and consequently little attention is paid to it in routine motions. Where the chair is certain the motion meets with general favor, and yet members are slow about seconding it, he may proceed without waiting for a second. Yet, any one may make a point of order that the motion has not been seconded, and then the chair is obliged to proceed formally and call for a second. The better way when a motion is not at once seconded, is for the chair to ask, "Is the motion seconded?" In a very large hall the chair should repeat the motion before calling for a second in order that all may hear. After a motion has been made no other motion is in order until the chair has stated the question on this motion, or has declared, after a reasonable opportunity has been given for a second, that the motion has not been seconded, or has ruled it out of order. Except in very small assemblies the chair cannot assume that members know what the motion is and that it has not been seconded, unless he states the facts.
A motion is seconded by a member's saying "I second the motion," or "I second it," which he does without obtaining the floor, and in small assemblies without rising. In large assemblies, and especially where non- members are scattered throughout the assembly, members should rise, and without waiting for recognition, say, "Mr. Chairman, I second the motion."
18
Exceptions . The following do not require a second: 1
Question of Privilege, to raise a 19
Questions of Order 21
Objection to the Consideration of a Question 23
Call for Orders of the Day 20
Call for Division of the Question (under certain c ircumstances) 24
Call for Division of the Assembly (in voting) 25
Call up Motion to Reconsider 36
Filling Blanks 33
Nominations 33
Leave to Withdraw a Motion 27
Inquiries of any kind 27
1. In Congress motions are not required to be seconded.
6. Stating the Question . When a motion has been made and seconded, it is the duty of the chair, unless he rules it out of order, immediately to state the question -- that is, state the exact question that is before the assembly for its consideration and action. This he may do in various ways, depending somewhat on the nature of the question, as illustrated by the following examples: "It is moved and seconded that the following resolution be adopted [reading the resolution];" or "It is moved and seconded to adopt the following resolution;" "Mr. A offers the following resolution [read]: the question is on its adoption;" "It is moved and seconded to amend the resolution by striking out the word 'very' before the word 'good';" "The previous question has been demanded [or, moved and seconded] on the amendment;" "It is moved and seconded that the question be laid on the table;" "It is moved and seconded that we adjourn." [Under each motion is shown the form of stating the question if there is any peculiarity in the form.] If the question is debatable or
19 amendable, the chair should immediately ask, "Are you ready for the question?" If no one then rises he should put the question as described in 9. If the question cannot be debated or amended, he does not ask, "Are you ready for the question?" but immediately puts the question after stating it.
7. Debate . After a question has been stated by the chair, it is before the assembly for consideration and action. All resolutions, reports of committees, communications to the assembly, and all amendments proposed to them, and all other motions except the Undebatable Motions mentioned in 45 , may be debated before final action is taken on them, unless by a two-thirds vote the assembly decides to dispose of them without debate. By a two-thirds vote is meant two-thirds of the votes cast, a quorum being present. In the debate each member has the right to speak twice on the same question on the same day (except on an appeal), but cannot make a second speech on the same question as long as any member who has not spoken on that question desires the floor. No one can speak longer than ten minutes at a time without permission of the assembly.
Debate must be limited to the merits of the immediately pending question -- that is, the last question stated by the chair that is still pending; except that in a few cases the main question is also open to debate [45 ]. Speakers must address their remarks to the presiding officer, be courteous in their language and deportment, and avoid all personalities, never alluding to the officers or other members by name, where possible to avoid it, nor to the motives of members. [For further information on this subject see Debate, 42 , and Decorum in Debate, 43 .]
8. Secondary Motions . To assist in the proper disposal of the question various subsidiary [12 ] motions are used, such as to amend, to commit, etc., and for the time being the subsidiary motion replaces the resolution, or motion, and becomes the immediately pending question. While these are pending, a question incidental to the business may arise, as a question of order, and this incidental [13 ] question interrupts the business and, until disposed of, becomes the immediately pending question. And all of these may be superseded by certain motions, called privileged [14 ] motions, as to adjourn, of such supreme importance as to justify their interrupting all other questions. All of these motions that may be made while the original motion is pending are sometimes referred to as secondary motions. The proper use of many of these is shown in 10 .
9. Putting the Question and Announcing the Vote .1 When the debate appears to have closed, the chair asks again, "Are you ready for the question?" If no one rises he proceeds to put the question -- that is, to take the vote on the question, first calling for the affirmative and then for the negative vote. In putting the question the chair should make perfectly clear what the question is that the assembly is to decide. If the question is on the adoption of a resolution, unless it has been read very recently, it should be read again, the question being put in a way similar to this: "The question is on the adoption of the resolution [which the chair reads]; those in favor of the resolution say aye; those opposed say no. The ayes have it, and the resolution is adopted;" or, "The noes have it, and the resolution is lost." Or, thus: "The question is on agreeing to the following resolution," which the chair reads, and then he continues, "As many as are in favor of agreeing to the resolution say aye;" after the ayes have responded he continues, "As many as are opposed say no. The ayes have it," etc. Or, "It is moved and seconded that an invitation be extended to Mr. Jones to address our club at its next meeting. Those in favor of the motion will rise; be seated; those opposed will rise. The affirmative has it and the motion is adopted [or carried]." Or, if the vote is by "show of hands," the question is put and the
20 vote announced in a form similar to this; "It has been moved and seconded to lay the resolution on the table. Those in favor of the motion will raise the right hand; those opposed will signify [or manifest] it in the same way [or manner]. The affirmative has it [or, The motion is adopted, or carried] and the resolution is laid on the table." The vote should always be announced, as it is a necessary part of putting the question. The assembly is assumed not to know the result of the vote until announced by the chair, and the vote does not go into effect until announced. As soon as the result of the vote is announced the chair should state the next business in order, as in the following example of putting the question on an amendment: "The question is on amending the resolution by inserting the word 'oak' before the word 'desk.' Those in favor of the amendment say aye; those opposed say no. The ayes have it and the amendment is adopted. The question is now [or recurs] on the resolution as amended, which is as follows: [read the resolution as amended]. Are you ready for the question?" The chair should never neglect to state what is the business next in order after every vote is announced, nor to state the exact question before the assembly whenever a motion is made. Much confusion is avoided thereby. The vote should always be taken first by the voice (viva voce) or by show of hands (the latter method being often used in small assemblies), except in the case of motions requiring a two-thirds vote, when a rising vote should be taken at first. When a division is demanded a rising vote is taken. For further information on voting see 46 . Under each motion is given the form of putting the question whenever the form is peculiar.
1. H. R. Rule 1, §5, is as follows: "5, He shall rise to put a question, but may state it sitting; and shall put questions in this form, to wit: 'As many as are in favor (as the question may be), say Aye;' and after the affirmative voice is expressed, "As many as are opposed, say No;' if he doubts, or a division is called for, the House shall divide; those in the affirmative of the question shall first rise from their seats, and then those in the negative; if he still doubts, or a count is required by at least one-fifth of a quorum, he shall name one from each side of the question to tell the members in the affirmative and negative; which being reported, he shall rise and state the decision."
10. Proper Motions to Use to Accomplish Certain Objects. To enable any one to ascertain what motion to use in order to accomplish what is desired, the common motions are arranged in the table below according to the objects to be attained by their use. Immediately after the table is a brief statement of the differences between the motions placed under each object, and of the circumstances under which each should be used. They include all of the Subsidiary Motions [ 12 ], which are designed for properly disposing of a question pending before the assembly; and the three motions designed to again bring before the assembly a question that has been acted upon or laid aside temporarily; and the motion designed to bring before another meeting of the assembly a main question which has been voted on in an unusually small or unrepresentative meeting. Motions, as a general rule, require for their adoption only a majority vote -- that is, a majority of the votes cast, a quorum being present; but motions to suppress or limit debate, or to prevent the consideration of a question, or, without notice to rescind action previously taken, require a two-thirds vote [ 48 ]. The figures and letters on the left in the list below correspond to similar figures and letters in the statement of differences further on. The figures to the right in the list refer to the sections where the motions are fully treated.
21
The Common Motions Classified According to Their Objects.
(1) To Modify or Amend. (a) Amend ...... 33 (b) Commit or Refer ...... 32 (2) To Defer Action. (a) Postpone to a Certain Time ...... 31 (b) Make a Special Order (2/3 Vote) .... 20 (c) Lay on the Table ...... 28 (3) To Suppress or Limit Debate (2/3 Vote). (a) Previous Question (to close debate now) (2/3 Vote) ...... 29 (b) Limit Debate (2/3 Vote) ...... 30
(4) To Suppress the Question. (a) Objection to Its Consideration (2/3 Vote) ...... 23 (b) Previous Question and Reject Question ...... 29 (c) Postpone Indefinitely ...... 34 (d) Lay on the Table ...... 28 (5) To Consider a Question a Second Time. (a) Take from the Table ...... 35 (b) Reconsider ...... 36 (c) Rescind ...... 37 (6) To Prevent Final Action on a Question in an Unusually Small or Unrepresentative Meeting. (a) Reconsider and have Entered on the Minutes ...... 36
(1) To Modify or Amend . (a) When a resolution or motion is not worded properly, or requires any modification to meet the approval of the assembly, if the changes required can be made in the assembly, the proper motion to make is to amend by "inserting," or "adding," or by "striking out," or by "striking out and inserting," or by 22
"substituting" one or more paragraphs for those in the resolution. (b) But if much time will be required, or if the changes required are numerous, or if additional information is required to enable the assembly to act intelligently, then it is usually better to refer the question to a committee.
(2) To Defer Action . (a) If it is desired to put off the further consideration of a question to a certain hour, so that when that time arrives, as soon as the pending business is disposed of, it shall have the right of consideration over all questions except special orders and a reconsideration, then the proper motion to make is, to postpone to that certain time . This is also the proper motion to make if it is desired to defer action simply to another day. As the motion if adopted cannot interrupt the pending question when the appointed time arrives, nor can it suspend any rule, it requires only a majority vote for its adoption. A question postponed to a certain time cannot be taken up before the appointed time except by suspending the rules, which requires a two-thirds vote. (b) If it is desired to appoint for the consideration of a question a certain time when it may interrupt any pending question except one relating to adjournment or recess, or a question of privilege or a specified order that was made before it was, then the proper course is to move "that the question be made a special order for," etc., specifying the day or hour. As this motion, if adopted, suspends all rules that interfere with the consideration of the question at the appointed time, it requires a two-thirds vote for its adoption. A special order cannot be considered before the appointed time except by suspending the rules, which requires a two-thirds vote. (c) If, however, it is desired to lay the question aside temporarily with the right to take it up at any moment when business of this class, or unfinished or new business, is in order and no other question is before the assembly, the proper motion to use is to lay the question on the table . When laid upon the table a majority vote may take it up at the same or the next session, as described in 35 .
(3) To Suppress Debate . (a) If it is desired to close debate now and bring the assembly at once to a vote on the pending question, or questions, the proper course is to move, or demand, or call for, the previous question on the motions upon which it is desired to close debate. The motion, or demand, for the previous question should always specify the motions upon which it is desired to order the previous question. If no motions are specified, the previous question applies only to the immediately pending question. It requires a two-thirds vote for its adoption. After it has been adopted, privileged and incidental motions may be made, or the pending questions may be laid on the table, but no other subsidiary motion can be made nor is any debate allowed. If it is lost the debate is resumed. (b) If it is desired to limit the number or length of speeches, or the time allowed for debate, the proper course is to move that the speeches or debate be limited as desired, or that the debate be closed and the vote be taken at a specified time. These motions to limit or close debate require a two-thirds vote for their adoption, and are in order, like the previous question, when any debatable question is immediately pending.
(4) To Suppress the Question . A legitimate question cannot be suppressed in a deliberative assembly without free debate, except by a two-thirds vote. If two-thirds of the assembly are opposed to the consideration of the question then it can be suppressed by the following methods: (a) If it is desired to prevent any consideration of the question, the proper course to pursue is to object to its consideration before it has been discussed or any other motion stated, and, therefore, it may interrupt a member who has the floor before the debate has begun. It requires no second. On the question of consideration there must be a two-thirds negative vote to prevent the consideration. (b) After the question has been considered the proper way to immediately suppress
23 it is to close debate by ordering the previous question , which requires a two-thirds vote, and then to vote down the question. Another method of suppressing a question is to postpone it indefinitely (equivalent to rejecting it), which, however, being debatable and opening the main question to debate, is only of service in giving another opportunity to defeat the resolution should this one fail. For, if the motion to postpone indefinitely is adopted, the main question is dead for that session, and if it is lost, the main question is still pending and its enemies have another opportunity to kill it. When the motion to postpone indefinitely is pending and immediate action is desired, it is necessary to move the previous question as in case (b) above. (d) A fourth method frequently used for suppressing a question is to lay it on the table , though this is an unfair use of the motion, except in bodies like Congress where the majority must have the power to suppress any motion immediately, as otherwise they could not transact business. But in ordinary societies, where the pressure of business is not so great, it is better policy for the majority to be fair and courteous to the minority and use the proper motions for suppressing a question without allowing full debate, all of which require a two-thirds vote. Unless the enemies of a motion have a large majority, laying it on the table is not a safe way of suppressing it, because its friends, by watching their opportunity, may find themselves in a majority and take it from the table and adopt it, as shown in the next paragraph.
(5) To Consider a Question a Second Time . (a) When a question has not been voted on, but has been laid on the table, a majority may take it from the table and consider it at any time when no other question is before the assembly and when business of that class, or unfinished or new business, is in order during the same session; or at the next session in ordinary societies having regular meetings as often as quarterly. (b) If a motion has been adopted, or rejected, or postponed indefinitely, and afterwards one or more members have changed their views from the prevailing to the losing side, and it is thought that by further discussion the assembly may modify or reverse its action, the proper course is for one who voted with the prevailing side to move to reconsider the vote on the question. This can be done on the day the vote to be reconsidered is taken, or on the next succeeding day of the same session. (c) If a main motion, including questions of privilege and orders of the day, has been adopted or rejected or postponed indefinitely, and no one is both able and willing to move to reconsider the vote, the question can be brought up again during the same session only by moving to rescind the motion. To rescind may be moved by any member, but, if notice of it was not given at a previous meeting, it requires a two-thirds vote or a vote of a majority of the enrolled membership. At any future session, the resolution, or other main motion, may be rescinded in the same way if it had been adopted; or it may be introduced anew if it had been rejected or postponed indefinitely; provided the question cannot be reached by calling up the motion to reconsider which had been made at the previous session. A by-law, or anything else that requires a definite notice and vote for its amendment, requires the same notice and vote to rescind it.
(6) To Prevent Final Action on a Question in an Unusually Small or Unrepresentative Meeting . If an important main motion should be adopted, lost, or postponed indefinitely, at a small or unrepresentative meeting of the society when it was apparent that the action is in opposition to the views of the majority of the members, the proper course to pursue is for a member to vote with the prevailing side and then move to reconsider the vote and have it entered on the minutes. The motion to reconsider, in this form, can be made only on the day the vote was taken which it is proposed to reconsider, and the reconsideration cannot be called up on that day; thus an opportunity is given to notify absent members. The motion to reconsider is fully explained in 36 . 24
Art. II. General Classification of Motions. For convenience motions may be classified as follows:
Main or Principal Motions ...... 11 Subsidiary Motions ...... 12 Incidental Motions ...... 13 Privileged Motions ...... 14
11. A Main or Principal Motion is a motion made to bring before the assembly, for its consideration, any particular subject. It takes precedence of nothing -- that is, it cannot be made when any other question is before the assembly; and it yields to all Privileged, Incidental, and Subsidiary Motions -- that is, any of these motions can be made while a main motion is pending. Main motions are debatable, and subject to amendment, and can have any subsidiary [ 12 ] motions applied to them. When a main motion is laid on the table, or postponed to a certain time, it carries with it all pending subsidiary motions. If a main motion is referred to a committee it carries with it only the pending amendments. As a general rule, they require for their adoption only a majority vote -- that is, a majority of the votes cast; but amendments to constitutions, by- laws, and rules of order already adopted, all of which are main motions, require a two-thirds vote for their adoption, unless the by-laws, etc., specify a different vote for their amendment; and the motion to rescind action previously taken requires a two-thirds vote, or a vote of a majority of the entire membership, unless previous notice of the motion has been given.
Main motions may be subdivided into Original Main Motions and Incidental Main Motions. Original Main Motions are those which bring before the assembly some new subject, generally in the form of a resolution, upon which action by the assembly is desired. Incidental Main Motions are those main motions that are incidental to, or relate to, the business of the assembly, or its past or future action, as, a committee's report on a resolution referred to it. A motion to accept or adopt the report of a standing committee upon a subject not referred to it is an original main motion, but a motion to adopt a report on a subject referred to a committee is an incidental main motion. The introduction of an original main motion can be prevented by sustaining by a two-thirds vote an objection to its consideration [23 ], made just after the main motion is stated and before it is discussed. An objection to its consideration cannot be applied to an incidental main motion, but a two-thirds vote can immediately suppress it by ordering the previous question [ 29 ]. This is the only difference between the two classes of main motions. The following list contains some of the most common
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Incidental Main Motions .
Accept or Adopt a Report upon a subject referred to a committee 54
Adjourn at , or to , a future time 17
Adjourn , if qualified in any way, or to adjourn when the effect is to dissolve the assembly with no
provision for its reconvening 17
Appoint the Time and Place for the next meeting , if introduced when no business is pending 16
Amend the Constitution, By-laws, Standing Rules, or Resolutions , etc., already adopted 68
Ratify or Confirm action taken 39
Rescind or Repeal action taken 37
All of these motions are essentially main motions, and are treated as such, though they may appear otherwise.
Though a question of privilege is of high rank so far as interrupting a pending question is concerned, yet when the question has interrupted business and is pending, it is treated as a main motion so far as having incidental and subsidiary motions applied to it. So an order of the day, even though a special order, after it has been taken up is treated in the same way, as is also a question that has been reconsidered.
No motion is in order that conflicts with the constitution, by-laws, or standing rules or resolutions of the assembly, and if such a motion is adopted it is null and void. Before introducing such a motion it is necessary to amend the constitution or by-laws, or amend or rescind the conflicting standing rule or resolution. So, too, a motion is not in order that conflicts with a resolution previously adopted by the assembly at the same session, or that has been introduced and has not been finally disposed of. If it is not too late the proper course is to reconsider [ 36 ] the vote on the motion previously adopted, and then amend it so as to express the desired idea. If it cannot be reconsidered, then by a two-thirds vote the old resolution may be rescinded when the new one can be introduced, or by giving notice it may be rescinded by a majority vote at the next meeting. In ordinary societies, where the quorum is a small percentage of the membership, and the meetings are as frequent as quarterly, no resolution that conflicts with one adopted at a previous session should be
26 entertained until the old one has been rescinded, which requires a two-thirds vote unless proper notice has been given. [See 37 .]
12. Subsidiary Motions are such as are applied to other motions for the purpose of most appropriately disposing of them. By means of them the original motion may be modified, or action postponed, or it may be referred to a committee to investigate and report, etc. They may be applied to any main motion, and when made they supersede the main motion and must be decided before the main motion can be acted upon. None of them, except the motion to amend and those that close or limit or extend the limits of debate, can be applied to a subsidiary, incidental (except an appeal in certain cases), or privileged motion. Subsidiary motions, except to lay on the table, the previous question, and postpone indefinitely, may be amended. The motions affecting the limits of debate may be applied to any debatable question regardless of its privilege, and require a two-thirds vote for their adoption. All those of lower rank than those affecting the limits of debate are debatable, the rest are not. The motion to amend anything that has already been adopted, as by-laws or minutes, is not a subsidiary motion but is a main motion and can be laid on the table or have applied to it any other subsidiary motion without affecting the by-laws or minutes, because the latter are not pending.
In the following list the subsidiary motions are arranged in the order of their precedence, the first one having the highest rank. When one of them is the immediately pending question every motion above it is in order, and every one below it is out of order. They are as follows:
Subsidiary Motions .
Lay on the Table 28
The Previous Question 29
Limit or Extend Limits of Debate 30
Postpone Definitely, or to a Certain Time 31
Commit or Refer, or Recommit 32
Amend 33
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Postpone Indefinitely 34
13. Incidental Motions are such as arise out of another question which is pending, and therefore take precedence of and must be decided before the question out of which they rise; or, they are incidental to a question that has just been pending and should be decided before any other business is taken up. They yield to privileged motions, and generally to the motion to lay on the table. They are undebatable, except an appeal under certain circumstances as shown in 21 . They cannot be amended except where they relate to the division of a question, or to the method of considering a question, or to methods of voting, or to the time when nominations or the polls shall be closed. No subsidiary motion, except to amend, can be applied to any of them except a debatable appeal. Whenever it is stated that all incidental motions take precedence of a certain motion, the incidental motions referred to are only those that are legitimately incidental at the time they are made. Thus, incidental motions take precedence of subsidiary motions, but the incidental motion to object to the consideration of a question cannot be made while a subsidiary motion is pending, as the objection is only legitimate against an original main motion just after it is stated, before it has been debated or there has been any subsidiary motion stated. The following list comprises most of those that may arise:
Incidental Motions.
Questions of Order and Appeal 21
Suspension of the Rules 22
Objection to the Consideration of a Question 23
Division of a Question, and Consideration by Paragraph or Seriatim 24
Division of the Assembly, and Motions relating to Methods of Voting, or to Closing or to Reopening
the Polls 25
Motions relating to Methods of Making, or to Closing or to Reopening Nominations 26
Requests growing out of Business Pending or that has just been pending; as, a Parliamentary Inquiry, a Request for Information, for Leave to Withdraw a Motion, to Read Papers, to be Excused from a
Duty, or for any other Privilege 27
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14. Privileged Motions are such as, while not relating to the pending question, are of so great importance as to require them to take precedence of all other questions, and, on account of this high privilege, they are undebatable. They cannot have any subsidiary motion applied to them, except the motions to fix the time to which to adjourn, and to take a recess, which may be amended. But after the assembly has actually taken up the orders of the day or a question of privilege, debate and amendment are permitted and the subsidiary motions may be applied the same as on any main motion. These motions are as follows, being arranged in order of precedence:
Privileged Motions.
Fix the Time to which to Adjourn (if made while another question is pending) 16
Adjourn (if unqualified and if it has not the effect to dissolve the assembly) 17
Take a Recess (if made when another question is pending) 18
Raise a Question of Privilege 19
Call for Orders of the Day 20
15. Some Main and Unclassified Motions . Two main motions (to rescind and to ratify) and several motions which cannot conveniently be classified as either Main, Subsidiary, Incidental, or Privileged, and which are in common use, are hereafter explained and their privileges and effects given. They are as follows:
Take from the Table 35
Reconsider 36
Rescind 37
Renewal of a Motion 38
29
Ratify 39
Dilatory, Absurd, or Frivolous Motions 40
Call of the House 41
Art. III. Privileged Motions. 16. To Fix the Time to which the Assembly shall Adjourn.1 This motion is privileged only when made while another question is pending and in an assembly that has made no provision for another meeting on the same or the next day. The time fixed cannot be beyond the time of the next meeting. If made in an assembly that already has provided for another meeting on the same or the next day, or if made in an assembly when no question is pending, this is a main motion and may be debated and amended and have applied to it the other subsidiary motions, like other main motions. Whenever the motion is referred to in these rules the privileged motion is meant, unless specified to the contrary.
This motion when privileged takes precedence of all others, and is in order even after it has been voted to adjourn, provided the chairman has not declared the assembly adjourned. It can be amended, and a vote on it can be reconsidered. When the assembly has no fixed place for its meetings, this motion should include the place as well as the time for the next meeting, and in this case the place is subject to amendment as well as the time. When the assembly meets at the time to which it adjourned, the meeting is a continuation of the previous session. Thus, if the Annual Meeting is adjourned to meet on another day, the adjourned meeting is a legal continuation of the Annual Meeting. [See 63 .] The form of this motion is, "I move that when we adjourn, we adjourn (or stand adjourned) to 2 P.M. tomorrow."
1. In Congress this motion was given the highest rank of all motions, but it was so utilized for filibustering purposes and there was so little need of such a motion in an assembly meeting daily for months that in the last revision to the rules it was omitted from the list of privileged motions. In ordinary assemblies having short or infrequent sessions its usefulness outweighs the harm that may be done by its improper use.
17. To Adjourn . The motion to adjourn (when unqualified) is always a privileged motion except when, for lack of provision for a future meeting, as in a mass meeting, or at the last meeting of a convention, its effect, if
30 adopted, would be to dissolve the assembly permanently. In any organized society holding several regular meetings during the year, it is, when unqualified, always a privileged motion. When not privileged it is treated as any other main motion, being debatable and amendable, etc.
The privileged motion to adjourn takes precedence of all others, except the privileged motion "to fix the time to which to adjourn," to which it yields. It is not debatable, nor can it be amended or have any other subsidiary [12 ] motion applied to it; nor can a vote on it be reconsidered. It may be withdrawn.
The motion to adjourn can be repeated if there has been any intervening business, though it is simply progress in debate. The assembly may decline to adjourn in order to hear one speech or to take one vote, and therefore it must have the privilege of renewing the motion to adjourn when there has been any progress in business or debate. But this high privilege is liable to abuse to the annoyance of the assembly, if the chair does not prevent it by refusing to entertain the motion when evidently made for obstructive purposes, as when the assembly has just voted it down, and nothing has occurred since to show the possibility of the assembly's wishing to adjourn. [See Dilatory Motions, 40 .]
The motion to adjourn, like every other motion, cannot be made except by a member who has the floor. When made by one who has not risen and addressed the chair and been recognized, it can be entertained only by general consent. It cannot be made when the assembly is engaged in voting, or verifying the vote, but is in order after the vote has been taken by ballot before it has been announced. In such case the ballot vote should be announced as soon as business is resumed. Where much time will be consumed in counting ballots the assembly may adjourn, having previously appointed a time for the next meeting, or, still better, may take a recess as explained in the next section. No appeal, or question of order, or inquiry, should be entertained after the motion to adjourn has been made, unless it is of such a nature that its decision is necessary before an adjournment, or unless the assembly refuses to adjourn, when it would be in order.
Before putting the motion to adjourn, the chair, in most organizations, should be sure that no important matters have been overlooked. If there are announcements to be made they should be attended to before taking the vote, or at least, before announcing it. If there is something requiring action before adjournment, the fact should be stated and the mover requested to withdraw his motion to adjourn. The fact that the motion to adjourn is undebatable does not prevent the assembly's being informed of business requiring attention before adjournment. Members should not leave their seats until the chair has declared the assembly adjourned.
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An adjournment sine die -- that is, without day -- closes the session and if there is no provision for convening the assembly again, of course the adjournment dissolves the assembly. But, if any provision has been made whereby another meeting may be held, its effect is simply to close the session. In an assembly, as a convention, which meets regularly only once during its life, but whose by-laws provide for calling special meetings, an adjournment sine die means only the ending of the regular session of the convention, which, however, may be reconvened as provided in the by-laws. If called to meet again the assembly meets as a body already organized.
When the motion to adjourn is qualified in any way, or when its effect is to dissolve the assembly without any provision being made for holding another meeting of the assembly, it loses its privilege and is a main motion, debatable and amendable and subject to having applied to it any of the subsidiary motions.
In committees where no provision has been made for future meetings, an adjournment is always at the call of the chair unless otherwise specified. When a special committee, or the committee of the whole, has completed the business referred to it, instead of adjourning, it rises and reports, which is equivalent to adjournment without day.
The Effect upon Unfinished Business of an adjournment, unless the assembly has adopted rules to the contrary, is as follows:
(a) When the adjournment does not close the session [ 63 ], the business interrupted by it is the first in order after the reading of the minutes at the next meeting, and is treated the same as if there had been no adjournment, an adjourned meeting being legally the continuation of the meeting of which it is an adjournment.
(b) When the adjournment closes a session 1 in an assembly having regular sessions as often as quarterly, the unfinished business should be taken up, just where it was interrupted at the next succeeding session previous to new business; provided that, in a body elected, either wholly or in part, for a definite time (as a board of directors one-third of whom are elected annually), unfinished business falls to the ground with the expiration of the term for which the board, or any part of it, was elected.
(c) When the adjournment closes a session in an assembly which does not meet as often as quarterly, or when the assembly is an elective body, and this session ends the term of a portion of the members, the adjournment puts an end to all business unfinished at the close of the session. The business may be introduced at the next session, the same as if it had never been before the assembly.
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1. "All business before committees of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress in the same manner as if no adjournment had taken place." H.R. Rule 26. In practice this rule is applied to business before the House as well as to that before committees. But unfinished business does not go over from one Congress to another Congress. When a society meets only once in six months or a year, there is liable to be as great a difference in the personnel of the two consecutive meetings as of two consecutive Congresses, and only trouble would result from allowing unfinished business to hold over to the next yearly meeting.
18. Take a Recess .1 This motion is practically a combination of the two preceding, to which it yields, taking precedence of all other motions. If made when other business is before the assembly, it is a privileged motion and is undebatable and can have no subsidiary motion applied to it except amend. It can be amended as to the length of the recess. It takes effect immediately. A motion to take a recess made when no business is before the assembly, or a motion to take a recess at a future time, has no privilege, and is treated as any other main motion. A recess is an intermission in the day's proceedings, as for meals or for counting the ballots when much time is required; or in the case of meetings like conventions lasting for several days a recess is sometimes taken over an entire day. When a recess is provided for in the order of exercises, or program, the chair, when the time arrives, announces the fact and says the assembly stands adjourned, or in recess, to the specified hour. The assembly by a two-thirds vote can postpone the time for taking a recess, or adjournment. When the hour has arrived to which the recess was taken, the chairman calls the assembly to order and the business proceeds the same as if no recess had been taken. If the recess was taken after a vote had been taken and before it was announced, then the first business is the announcement of the vote. The intermissions in the proceedings of a day are termed recesses, whether the assembly voted to take a recess, or whether it simply adjourned having previously adopted a program or rule providing for the hours of meeting. When an assembly has frequent short regular meetings not lasting over a day, and an adjourned meeting is held on another day, the interval between the meetings is not referred to as a recess.
1. Congress has omitted this motion from its latest revision of the list of privileged motions, on account of its abuse for filibustering purposes, and its being so seldom needed.
19. Questions of Privilege . Questions relating to the rights and privileges of the assembly, or to any of its members, take precedence of all other motions except the three preceding relating to adjournment and recess, to which they yield. If the question is one requiring immediate action it may interrupt a member's speech; as, for example, when, from any cause, a report that is being read cannot be heard in a part of the hall. 33
But if it is not of such urgency it should not interrupt a member after he has commenced his speech. Before a member has commenced speaking, even though he has been assigned the floor, it is in order for another member to raise a question of privilege. When a member rises for this purpose he should not wait to be recognized, but immediately on rising should say, "Mr. Chairman," -- and when he catches the chairman's eye, should add, "I rise to a question of privilege affecting the assembly," or "I rise to a question of personal privilege." The chair directs him to state his question. and then decides whether it is one of privilege or not. From this decision any two members may appeal. The chair may decide it to be a question of privilege, but not of sufficient urgency to justify interrupting the speaker. In such a case the speaker should be allowed to continue, and, when he has finished, the chair should immediately assign the floor to the member who raised the question of privilege to make his motion if one is necessary. Whenever his motion is made and stated, it becomes the immediately pending question and is open to debate and amendment and the application of all the other subsidiary motions just as any main motion. Its high privilege extends only to giving it the right to consideration in preference to any other question except one relating to adjournment or recess, and, in cases of great urgency, the right to interrupt a member while speaking. It cannot interrupt voting or verifying a vote. As soon as the question of privilege is disposed of, the business is resumed exactly where it was interrupted; if a member had the floor at the time the question of privilege was raised, the chair assigns him the floor again.
Questions of privilege may relate to the privileges of the assembly or only of a member, the former having the precedence if the two come into competition. Questions of personal privilege must relate to one as a member of the assembly, or else relate to charges against his character which, if true, would incapacitate him for membership. Questions like the following relate to the privileges of the assembly: those relating to the organization of the assembly; or to the comfort of its members, as the heating, lighting, ventilation, etc., of the hall, and freedom from noise and other disturbance; or to the conduct of its officers or employees; or to the punishing of a member for disorderly conduct or other offence; or to the conduct of reporters for the press, or to the accuracy of published reports of proceedings.
Privileged questions include, besides questions of privilege, a call for the orders of the day and the privileged motions relating to adjournment and recess. This distinction between privileged questions and questions of privilege should be borne in mind.
20. Orders of the Day .1 A Call for the Orders of the Day (which, in an ordinary assembly, is a demand that the assembly conform to its program or order of business) can be made at any time when no other privileged [ 14 ] motion is pending and the order of business is being varied from, and only then. It requires no second, and is in order when another has the floor, even though it interrupts a speech, as a single member has a right to 34 demand that the order of business be conformed to. It is out of order to call for the orders of the day when there is no variation from the order of business. Thus, the orders of the day cannot be called for when another question is pending, provided there are no special orders made for that time or an earlier time, as general orders cannot interrupt a question actually under consideration. The call must be simply for the orders of the day, and not for a specified one, as the latter has no privilege. When the time has arrived for which a special order has been made, a call for the orders of the day taken precedence of everything except the other privileged motions, namely, those relating to adjournment and recess, and questions of privilege, to which it yields. If there are no special orders a call for the orders of the day cannot interrupt a pending question; but, if made when no question is pending, it is in order even when another has the floor an has made a main motion, provided the chair has not stated the question. Until the time of actually taking up the general orders for consideration this call yields to a motion to reconsider, or to a calling up of a motion to reconsider, previously made. A call for the orders of the day cannot be debated or amended, or have any other subsidiary motion applied to it.
It is the duty of the chair to announce the business to come before the assembly in its proper order, and if he always performs this duty there will be no occasion for calling for the orders of the day. But there are occasions when the chair fails to notice that the time assigned for a special order has arrived, or he thinks that the assembly is so interested in the pending question that it does not wish yet to take up the special order assigned for that time, and therefore delays announcing it. In such a case, as already stated, any member has a right to call for the orders of the day, and thus compel the chair either to announce the order or else put the question, "Will the assembly proceed to the orders of the day?" To refuse to take up the orders at the appointed time is an interference with the order of business similar to suspending the rules and should require the same vote namely, two-thirds. In other words, a two-thirds vote in the negative is necessary to prevent proceeding to the orders of the day. If the assembly refuses to proceed to the orders of the day the orders cannot be called for again until the pending business is disposed of.
When the orders of the day are announced, or when they are called for, if it is desired to prolong the discussion of the pending question, some one should move that the time for considering the pending question be extended a certain number of minutes. A two-thirds vote is required for the adoption of this motion as it changes the order of business or program. After the order has been announced and the question is actually pending, it is debatable and may be amended or have any other subsidiary motion applied to it the same as any other main motion. The orders of the day in a mass cannot be laid on the table or postponed, but when an order has been actually taken up it may, by a majority vote, be laid on the table, or postponed, or committed, so that, if there is no other order to interfere, the consideration of the question previously pending will be 35 resumed. Whenever the orders of the day are disposed of, the consideration of the interrupted business is taken up at the point where it was interrupted by the call for the orders of the day. By suspending the rules by a two-thirds vote any question may be taken up out of its proper order.
Orders of the Day . When one or more subjects have been assigned to a particular day or hour (by postponing them to, or making them special orders for, that day or hour, or by adopting a program or order of business), they become the orders of the day for that day or hour, and they cannot be considered before that time, except by a two-thirds vote. They are divided into General Orders and Special Orders, the latter always taking precedence of the former.
A General Order is usually made by simply postponing a question to a certain day or hour, or after a certain event. It does not suspend any rule, and therefore cannot interrupt business. But after the appointed hour has arrived it has the preference, when no question is pending, over all other questions except special orders and reconsideration. It cannot be considered before the appointed time except by a reconsideration or by a two- thirds vote. When the order of business provides for orders of the day, questions simply postponed to a meeting, without specifying the hour, come up under that head. If no provision is made for orders of the day, then such postponed questions come up after the disposal of the business pending at the previous adjournment, and after the questions on the calendar that were not disposed of at the previous meeting.
An order of business that specifies the order in which, but not the time when, the business shall be transacted, together with the postponed questions constitutes the general orders. This order cannot be varied from except by general consent or by suspending the rules by a two-thirds vote. If all of this business is not disposed of before adjournment, it becomes "unfinished business," and is treated as unfinished business, as explained in 17 under The Effect Upon Unfinished Business of an Adjournment.
As general orders cannot interrupt the consideration of a pending question, it follows that any general order made for an earlier hour, though made afterwards, by not being disposed of in time may interfere with the general order previously made. Therefore, general orders must take precedence among themselves in the order of the times to which they were postponed, regardless of when the general order was made. If several are appointed for the same time, then they take precedence in the order in which they were made. If several appointed for the same time were made at the same time, then they take precedence in the order in which they were arranged in the motion making the general order.
To Make a Special Order requires a two-thirds vote, because it suspends all rules that interfere with its consideration at the specific time, except those relating to motions for adjournment or recess, or to questions 36 of privilege or to special orders made before it was made. A pending question is made a special order for a future time by "Postponing it and making it a special order for that time." [See Postpone to a Certain Time, 31 , which should be read in connection with this section.] If the question is not pending, the motion to make it a special order for a certain time is a main motion, debatable, amendable, etc. The member desirous of making it a special order should obtain the floor when nothing is pending, and business of that class, or new business, is in order, and say, "I move that the following resolution be made the special order for [specifying the time]," and then reads the resolution and hands it to the chair. Or he may adopt this form: "I offer the following resolution, and move that it be made a special order for the next meeting." Or, in case a committee has been appointed to submit a revision of the constitution, the following resolution may be adopted: "Resolved, That the revision of the constitution be made the special order for Thursday morning and thereafter until it is disposed of." Another way of making special orders is by adopting a program, or order of business, in which is specified the hour for taking up each topic.
Program . It is customary to adopt a program, or order of business, in conventions in session for several days. Since the delegates and invited speakers come from a distance, it is very important that the program be strictly adhered to. No change can be made in it after its adoption by the assembly, except by a two-thirds vote. When the hour assigned to a certain topic arrives, the chair puts to vote any questions pending and announces the topic for the hour. This is done because, under such circumstances, the form of the program implies that the hour, or other time, assigned to each topic is all that can be allowed. But, if any one moves to lay the question on the table, or postpone it to a certain time, or refer it to a committee, the chair should recognize the motion and immediately put it to vote without debate. Should any one move to extend the time allotted the pending question, it should be decided instantly without debate, a two-thirds vote being necessary for the extension. It is seldom that an extension is desirable, as it is unfair to the next topic. When an invited speaker exceeds his time it is extremely discourteous to call for the orders of the day. The chair should have an understanding with invited speakers as to how he will indicate the expiration of their time. This can be done by tapping on a book or a bell. It is usually better to have it understood that the signal will be given one minute before the time expires, or longer if the speaker wishes it, so that he can properly close his address. At the expiration of the time the presiding officer should rise and attract the attention of the speaker still continues speaking, the chair that the time has expired, etc.
A series of special orders made by a single vote is treated the same as a program -- that is, at the hour assigned to a particular subject it interrupts the question assigned to the previous hour. If it is desired to continue the discussion of the pending topic at another time, it can be laid on the table or postponed until after the close of the interrupting question, by a majority vote. 37
Special Orders made at different times for specified hours. When special orders that have been made at different times come into conflict, the one that was first made takes precedence of all special orders made afterwards, though the latter were made for an earlier hour. No special order can be made so as to interfere with one previously made. By reconsidering the vote making the first special order, they can be arranged in the order desired. Suppose, after a special order has been made for 3 P.M., one is made for 2 P.M., and still later one is made for 4 P.M.; if the 2 P.M. order is pending at 3 P.M., the order for 3 P.M., having been made first, interrupts it and continues, if not previously disposed of, beyond 4 P.M., regardless of the special order for that hour. When it, the 3 P.M. order, is disposed of, the special order for 2 P.M. is resumed even if it is after 4 o'clock, because the 2 P.M. order was made before the 4 P.M. order. The only exception to this rule is in the case of the hour fixed for recess or adjournment. When that hour arrives the chair announces it and declares the assembly adjourned, or in recess, even though there is a special order pending that was made before the hour for recess or adjournment was fixed. When the chair announces the hour, any one can move to postpone the time for adjournment, or to extend the time for considering the pending question a certain number of minutes. These motions are undebatable, and require a two-thirds vote.
Special Orders when only the day or meeting is specified . Often subjects are made special orders for a meeting without specifying an hour. If the order of business provides for orders of the day, they come up under that head, taking precedence of general orders. If there is no provision for orders of the day, they come up under unfinished business -- that is, before new business. If there is no order of business, then they may be called up at any time after the minutes are disposed of.
The Special Order for a Meeting . Sometimes a subject is made the special order for a meeting, as for Tuesday morning in a convention, in which case it is announced by the chair as the pending business immediately after the disposal of the minutes. This particular form is used when it is desired to devote an entire meeting, or so much of it as is necessary, to considering a special subject, as the revision of the by-laws. This form of a special order should take precedence of the other forms of special orders. It is debatable and amendable.
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1. While Congress retains the call for the orders of the day in its list of privileged motions, it has abandoned the use of orders of the day, having, instead, a detailed order of business with several calendars. It retains special orders which may be made by a two-thirds vote.
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Art. IV. Incidental Motions. 21. Questions of Order and Appeal . A Question of Order takes precedence of the pending question out of which it arises; is in order when another has the floor, even interrupting a speech or the reading of a report; does not require a second; cannot be amended or have any other subsidiary motion applied to it; yields to privileged motions and the motion to lay on the table; and must be decided by the presiding officer without debate, unless in doubtful cases he submits the question to the assembly for decision, in which case it is debatable whenever an appeal would be. Before rendering his decision he may request the advice of persons of experience, which advice or opinion should usually be given sitting to avoid the appearance of debate. If the chair is still in doubt, he may submit the question to the assembly for its decision in a manner similar to this: "Mr. A raises the point of order that the amendment just offered [state the amendment] is not germane to the resolution. The chair is in doubt, and submits the question to the assembly. The question is, 'Is the amendment germane to the resolution?"' As no appeal can be taken from the decision of the assembly, this question is open to debate whenever an appeal would be, if the chair decided the question and an appeal were made from that decision. Therefore, it is debatable except when it relates to indecorum, or transgression of the rules of speaking, or to the priority of business, or when it is made during a division of the assembly, or while an undebatable question is pending. The question is put thus: "As many as are of opinion that the amendment is germane [or that the point is well taken] say aye; as many as are of a contrary opinion say no. The ayes have it, the amendment is in order, and the question is on its adoption." If the negative vote is the larger it would be announced thus: "The noes have it, the amendment is out of order, and the question is on the adoption of the resolution." Whenever the presiding officer decides a question of order, he has the right, without leaving his chair, to state the reasons for his decision, and any two members have the right to appeal from the decision, one making the appeal and the other seconding it.
It is the duty of the presiding officer to enforce the rules and orders of the assembly, without debate or delay. It is also the right of every member who notices the breach of a rule, to insist upon its enforcement. In such a case he rises from his seat and says. "Mr. Chairman, I rise to a point of order." The speaker immediately takes his seat, and the chairman requests the member to state his point of order, which he does and resumes his seat. The chair decides the point, and then, if no appeal is taken and the member has not been guilty of any serious breach of decorum, the chair permits him to resume his speech. But, if his remarks are decided to be improper and any one objects, he cannot continue without a vote of the assembly to that effect. [See 43 for a full treatment of this subject of indecorum in debate]. The question of order must be raised at the time the breach of order occurs, so that after a motion has been discussed it is too late to raise the question as to whether it was in order, or for the chair to rule the motion out of order. The only exception is where the
39 motion is in violation of the laws, or the constitution, by-laws, or standing rules of the organization, or of fundamental parliamentary principles, so that if adopted it would be null and void. In such cases it is never too late to raise a point of order against the motion. This is called raising a question, or point, of order, because the member in effect puts to the chair, whose duty it is to enforce order, the question as to whether there is not now a breach of order.
Instead of the method just described, it is usual, when it is simply a case of improper language used in debate, for the chair to call the speaker to order, or for a member to say, "I call the gentleman to order." The chairman decides whether the speaker is in or out of order, and proceeds as before.
Appeal . An appeal may be made from any decision of the chair (except when another appeal is pending), but it can be made only at the time the ruling is made. It is in order while another member has the floor. If any debate or business has intervened it is too late to appeal. An answer to a parliamentary inquiry is not a decision, and therefore cannot be appealed from. While an appeal is pending a question of order may be raised, which the chair decides peremptorily, there being no appeal from this decision. But the question as to the correctness of the ruling can be brought up afterwards when no other business is pending. An appeal yields to privileged motions, and to the motion to lay on the table. The effect of subsidiary motions is as follows: An appeal cannot be amended. If the decision from which an appeal is taken is of such a nature that the reversal of the ruling would not in any way affect the consideration of, or action on, the main question, then the main question does not adhere to the appeal, and its consideration is resumed as soon as the appeal is laid on the table, postponed, etc. But if the ruling affects the consideration of, or action on, the main question, then the main question adheres to the appeal, and when the latter is laid on the table, or postponed, the main question goes with it. Thus, if the appeal is from the decision that a proposed amendment is out of order and the appeal is laid on the table, it would be absurd to come to final action on the main question and then afterwards reverse the decision of the chair and take up the amendment when there was no question to amend. The vote on an appeal may be reconsidered.
An appeal cannot be debated when it relates simply to indecorum, or to transgression of the rules of speaking, or to the priority of business, or if made during a division of the assembly, or while the immediately pending question is undebatable. When debatable, as it is in all other cases, no member is allowed to speak more than once except the presiding officer, who may at the close of the debate answer the arguments against the decision. Whether debatable or not, the chairman when stating the question on the appeal may, without leaving the chair, state the reasons for his decision.
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When a member wishes to appeal from the decision of the chair he rises as soon a the decision is made, even though another has the floor, and without waiting to be recognized by the chair, says, "Mr. Chairman, I appeal from the decision of the chair." If this appeal is seconded, the chair should state clearly the question at issue, and his reasons for the decision if he thinks it necessary, and then state the question thus: "The question is, 'Shall the decision of the chair stand as the judgment of the assembly [or society, or club, etc.]?'" or, "Shall the decision of the chair be sustained?" To put the question he would say, "Those in the affirmative say aye ," and after the affirmative vote has been taken he would say, "Those in the negative say no . The ayes have it and the decision of the chair is sustained [or stands as the judgment of the assembly]." Or, "The noes have it and the decision of the chair is reversed." In either case he immediately announces what is before the assembly as the result of the vote. If there is a tie vote the chair is sustained, and if the chair is a member of the assembly he may vote to make it a tie, on the principle that the decision of the chair stands until reversed by a majority, including the chairman if he is a member of the assembly. In stating the question, the word "assembly" should be replaced by "Society," or "club," or "board," etc., as the case may be. The announcement of a vote is not a decision of the chair. If a member doubts the correctness of the announcement he cannot appeal, but should call for a "Division" [ 25 ] .
22. Suspension of the Rules .1 The motion to suspend the rules may be made at any time when no question is pending; or while a question is pending, provided it is for a purpose connected with that question. It yields to all the privileged motions (except a call for the orders of the day), to the motion to lay on the table, and to incidental motions arising out of itself. It is undebatable and cannot be amended or have any other subsidiary motion applied to it, nor can a vote on it be reconsidered, nor can a motion to suspend the rules for the same purpose be renewed at the same meeting except by unanimous consent, though it may be renewed after an adjournment, even if the next meeting is held the same day.
When the assembly wishes to do something that cannot be done without violating its own rules, and yet it is not in conflict with its constitution, or by-laws, or with the fundamental principles of parliamentary law, it "suspends the rules that interfere with" the proposed action. The object of the suspension must be specified, and nothing else can be done under the suspension. The rules that can be suspended are those relating to priority of business, or to business procedure, or to admission to the meetings, etc., and would usually be comprised under the heads of rules of order. Sometimes societies include in their by-laws some rules relating to the transaction of business without any intention, evidently, of giving these rules any greater stability than is possessed by other rules of their class, and they may be suspended the same as if they were called rules of order. A standing rule as defined in 67 may be suspended by a majority vote. But sometimes the term "standing rules" is applied to what are strictly rules of order, and then, like rules of order, they require a two- 41 thirds vote for their suspension. Nothing that requires previous notice and a two-thirds vote for its amendment can be suspended by less than a two-thirds vote.
No rule can be suspended when the negative vote is as large as the minority protected by that rule; nor can a rule protecting absentees be suspended even by general consent or a unanimous vote. For instance, a rule requiring notice of a motion to be given at a previous meeting cannot be suspended by a unanimous vote, as it protects absentees who do not give their consent. A rule requiring officers to be elected by ballot cannot be suspended by a unanimous vote, because the rule protects a minority of one from exposing his vote, and this he must do if he votes openly in the negative, or objects to giving general consent. Nor can this result be accomplished by voting that the ballot of the assembly be cast by the secretary or any one else, as this does away with the essential principle of the ballot, namely, secrecy, and is a suspension of the by-law. and practically allows a viva voce vote. If it is desired to allow the suspension of a by-law that cannot be suspended under these rules, then it is necessary to provide in the by-laws for its suspension.
The Form of this motion is, "to suspend the rules that interfere with," etc., stating the object of the suspension, as, "the consideration of a resolution on ...... ," which resolution is immediately offered after the rules are suspended, the chair recognizing for that purpose the member that moved to suspend the rules. or, if it is desired to consider a question which has been laid on the table, and cannot be taken up at that time because that class of business is not then in order, or to consider a question that has been postponed to another time, or that is in the order of business for another time, then the motion may be made thus, "I move to suspend the rules and take up [or consider] the resolution ...... " When the object is not to take up a question for discussion but to adopt it without debate, the motion is made thus: "I move to suspend the rules and adopt [or agree to] the following resolution," which is then read: or, "I move to suspend the rules, and adopt [or agree to] the resolution on ..." The same form may be used in a case like this: "I move to suspend the rules, and admit to the privileges of the floor members of sister societies," which merely admits them to the hall.
Instead of a formal motion to suspend the rules, it is more usual to ask for general consent to do the particular business that is out of order. As soon as the request is made the chair inquires if there is any objection, and if no one objects, he directs the member to proceed just as if the rules had been suspended by a formal vote. [See General Consent 48 .]
1. In Congress the former practice was to suspend the rule as to the order of business in order to consider a particular bill but now it is customary "to suspend the rule and pass" the resolution or bill. H.R. Rule 27 contains the following:
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"1. No rule shall be suspended except by a vote of two-thirds of the members voting, a quorum being present; nor shall the Speaker entertain a motion to suspend the rules except on the first and third Mondays of each month, preference being given on the first Monday to Individuals and on the third Monday to committees, and during the last six days of a session. "2. All motions to suspend the rules shall, before being submitted to the House, be seconded by a majority by tellers, if demanded. "3. When a motion to suspend the rules has been seconded, it shall be in order, before the final vote is taken thereon, to debate the proposition to be voted upon for forty minutes, one-half of such time to be given to debate in favor of, and one-half to debate in opposition to, such proposition -- and the same right of debate shall be allowed whenever the previous question has been ordered on any proposition on which there has been no debate."
23. Objection to the Consideration of a Question . An objection may be made to the consideration of any original main motion, and to no others, provided it is made before there is any debate or before any subsidiary motion is stated. Thus, it may be applied to petitions and to communications that are not from a superior body, as well as to resolutions. It cannot be applied to incidental main motions [ 11 ], such as amendments to by-laws, or to reports of committees on subjects referred to them, etc. It is similar to a question of order in that it can be made when another has the floor, and does not require a second; and as the chairman can call a member to order, so he can put this question, if he deems it advisable, upon his own responsibility. It cannot be debated, or amended, or have any other subsidiary motion applied to it. It yields to privileged motions and to the motion to lay on the table. A negative, but not an affirmative vote on the consideration may be reconsidered. 1
When an original main motion is made and any member wishes to prevent its consideration, he rises, although another has the floor, and says, "Mr. Chairman, I object to its consideration." The chairman immediately puts the question, "The consideration of the question has been objected to: Will the assembly consider it? [or, Shall the question be considered?]" If decided in the negative by a two-thirds vote, the whole matter is dismissed for that session; otherwise, the discussion continues as if this objection had never been made. The same question may be introduced at any succeeding session.
The Object of this motion is not to cut off debate (for which other motions are provided) but to enable the assembly to avoid altogether any question which it may deem irrelevant, unprofitable, or contentious. If the chair considers the question entirely outside the objects of the society, he should rule it out of order, from which decision an appeal may be taken.
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Objection to the consideration of a question must not be confounded with objecting where unanimous consent, or a majority vote, is required. Thus, in case of the minority of a committee desiring to submit their views, a single member saying, "I object," prevents it, unless the assembly by a majority vote grants them permission.
1. In Congress the introduction of a question may be prevented temporarily by a majority vote under H.R. Rule 16, §3, which is as follows: "3. When any motion or proposition is made, the question, Will the House now consider it? shall not he put unless demanded by a member." lf the House refuses to consider a bill the vote cannot be reconsidered. But this refusal does not prevent the question's being again introduced the same session. In assemblies having brief sessions lasting usually only a few hours, or at most not over a week, it is necessary that the assembly have the power by a two-thirds vote to decide that a question shall not be introduced during that session. As the refusal to consider the question prevents its renewal during the session, the vote may be reconsidered.
24. Division of a Question, and Consideration by Paragraph . Division of a Question .1 The motion to divide a question can be applied only to main motions and to amendments. It takes precedence of nothing but the motion to postpone indefinitely, and yields to all privileged, incidental, and subsidiary motions except to amend and to postpone indefinitely. It may be amended but can have no other subsidiary motion applied to it. It is undebatable. It may be made at any time when the question to be divided, or the motion to postpone indefinitely, is immediately pending, even after the previous question has been ordered. But it is preferable to divide the question when it is first introduced. When divided each resolution or proposition is considered and voted on separately, the same as if it had been offered alone. The motion to adopt, which was pending when the question was divided, applies to all the parts into which the question has been divided and should not, therefore, be repeated. The formality of a vote on dividing the question is generally dispensed with, as it is usually arranged by general consent. But if this cannot be done, then a formal motion to divide is necessary, specifying the exact method of division.
When a motion relating to a certain subject contains several parts, each of which is capable of standing as a complete proposition if the others are removed, it can be divided into two or more propositions to be considered and voted on as distinct questions, by the assembly's adopting a motion to divide the question in a specified manner. The motion must clearly state how the question is to be divided, and any one else may propose a different division, and these different propositions, or amendments, should be treated as filling blanks; that is, they should be voted on in the order in which they are made, unless they suggest different numbers of questions, when the largest number is voted on first. If a resolution includes several distinct 44 propositions, but is so written that they cannot be separated without its being rewritten, the question cannot be divided. The division must not require the secretary to do more than to mechanically separate the resolution into the required parts, prefixing to each part the words " Resolved , That," or " Ordered , That," and dropping conjunctions when necessary, and replacing pronouns by the nouns for which they stand, wherever the division makes it necessary. When the question is decided, each separate question must be a proper one for the assembly to act upon, if none of the others is adopted. Thus, a motion to "commit with instructions" is indivisible; because, if divided, and the motion to commit should fail, then the other motion, to instruct the committee, would be absurd, as there would be no committee to instruct. The motion to "strike out certain words and insert others" is strictly one proposition and therefore indivisible.
If a series of independent resolutions relating to different subjects is included in one motion, it must be divided on the request of a single member, which request may be made while another has the floor. But however complicated a single proposition may be, no member has a right to insist upon its division. His remedy is to move that it be divided, if it is capable of division, or, if not, to move to strike out the objectionable parts. A motion to strike out a name in a resolution brings the assembly to a vote on that name just as well as would a division of the question, if it were allowed to go to that extent, which it is not. If a series of resolutions is proposed as a substitute for another series, such a motion is incapable of division; but a motion can be made to strike out any of the resolutions before the vote is taken on the substitution. After they have been substituted it is too late to strike out any of them. When a committee reports a number of amendments to a resolution referred to it, one vote may be taken on adopting, or agreeing to, all the amendments provided no one objects. But if a single member requests separate votes on one or more of the amendments, they must be considered separately. The others may all be voted on together.
Consideration by Paragraph or Seriatim . Where an elaborate proposition is submitted, like a series of resolutions on one subject, or a set of by-laws, the parts being intimately connected, it should not be divided. The division would add greatly to the difficulty of perfecting the different paragraphs or by-laws by amendments. If the paragraphs are adopted separately, and amendments to succeeding paragraphs make it necessary to amend a preceding one, it can be done only by first reconsidering the vote on the preceding paragraph. In the case of by-laws the trouble is increased, because each by-law goes into effect as soon as adopted, and its amendment is controlled by any by-law or rule that may have been adopted on the subject. When the paragraphs are voted on separately no vote should be taken on the whole. But in all such cases the proper course is to consider the proposition by paragraph, or section, or resolution, or, as it is often called, seriatim . The chair should always adopt this course when the question consists of several paragraphs or resolutions, unless he thinks the assembly wishes to act on them immediately as a whole, when he asks if they 45 shall be taken up by paragraph, and the matter is settled informally. Should the chair neglect to take up the proposition by paragraph, any one may move that the proposition be considered by paragraph, or seriatim.
The method of procedure in acting upon a complicated report, as, a set of by-laws, or a series of resolutions that cannot well be divided, is as follows, the word "paragraph" being used to designate the natural subdivisions, whether they are paragraphs, sections, articles, or resolutions. The member submitting the report, having obtained the floor says that such and such committee submits the following report; or, that the committee recommends the adoption of the following resolutions. In either case he reads the report, or resolutions, and moves their adoption. Should he neglect to move their adoption, the chair should call for such a motion, or he may assume the motion and state the question accordingly. The chairman, or the secretary, or the member who reported it, as the chair decides is for the best interest of the assembly, then reads the first paragraph, which is explained by the reporting member, after which the chair asks, "Are there any amendments to this paragraph?" The paragraph is then open to debate and amendment. When no further amendments are proposed to this paragraph, the chair says, "There being no further amendments to this paragraph the next will be read." In a similar manner each paragraph in succession is read, explained if necessary, debated, and amended, the paragraphs being amended but not adopted. After all the paragraphs have been amended, the chair says the entire by-law, or paper, or resolution is open to amendment, when additional paragraphs may be inserted and any paragraph may be further amended. When the paper is satisfactorily amended, the preamble, if any, is treated the same way, and then a single vote is taken on the adoption of the entire paper, report, or series of resolutions. If the previous question is ordered on a resolution, or series of resolutions, or on a set of by-laws, before the preamble has been considered it does not apply to the preamble, unless expressly so stated, because the preamble cannot be considered until after debate has ceased on the resolutions or by-laws. It is not necessary to amend the numbers of the sections, paragraphs, etc., as it is the duty of the secretary to make all such corrections where changes are rendered necessary by amendments.
1. Section 6 of H.R. Rule 16 is as follows: "6. On the demand of any member, before the question is put, a question shall be divided if it include propositions so distinct in substance that one being taken away a substantive proposition shall remain."
25. Division of the Assembly, and other Motions relating to Voting . A Division of the Assembly 1 may be called for, without obtaining the floor, at any time after the question has been put, even after the vote has been announced and another has the floor, provided the vote was taken viva voce, or by show of hands, and it is called for before another motion has been made. This call, or motion, is made by saying, "I call for a division," 46 or "I doubt the vote," or simply by calling out, "Division." It does not require a second, and cannot be debated, or amended, or have any other subsidiary motion applied to it. As soon as a division is called for, the chair proceeds again to take the vote, this time by having the affirmative rise, and then when they are seated having the negative rise. While any member has the right to insist upon a rising vote, or a division, where there is any question as to the vote being a true expression of the will of the assembly, the chair should not permit this privilege to be abused to the annoyance of the assembly, by members constantly demanding a division where there is a full vote and no question as to which side is in the majority. It requires a majority vote to order the vote to be counted, or to be taken by yeas and nays (roll call) or by ballot. These motions are incidental to the question that is pending or has just been pending, and cannot be debated. When different methods are suggested they are usually treated not as amendments, but like filling blanks, the vote being taken first on the one taking the most time. In practice the method of taking a vote is generally agreed upon without the formality of a vote.
When the vote is taken by ballot during a meeting of the assembly, as soon as the chair thinks all have voted who wish to, he inquires if all have voted, and if there is no response he declares the polls closed, and the tellers proceed to count the vote. If a formal motion is made to close the polls it should not be recognized until all have presumably voted, and then it requires a two-thirds vote like motions to close debate or nominations. If members enter afterwards and it is desired to reopen the polls it can be done by a majority vote. None of these motions are debatable.
1. See foot note, [ 9], for the rule of Congress.
26. Motions relating to Nominations . If no method of making nominations is designated by the by-laws or rules, and the assembly has adopted no order on the subject, any one can make a motion prescribing the method of nomination for an office to be filled. If the election is pending, this motion is incidental to it; if the election is not pending, it is an incidental main motion. It is undebatable and when it is an incidental motion it can have no subsidiary motion applied to it except to amend. It yields to privileged motions. The motion may provide for nominations being made be the chair; or from the floor, or open nominations as it is also called; or for a nominating committee to be appointed; or for nominations to be made by ballot; or by mail. [See Nominations and Elections, 66 .]
Closing and Reopening Nominations . Before proceeding to an election, if nominations have been made from the floor or by a committee, the chair should inquire if there are any further nominations. If there is no response he declares the nominations closed. In very large bodies it is customary to make a motion to close
47 nominations, but until a reasonable time has been given, this motion is not in order. It is a main motion, incidental to the nominations and elections, cannot be debated, can be amended as to the time, but can have no other subsidiary motion applied to it. It yields to privileged motions, and requires a two-thirds vote as it deprives members of one of their rights.
If for any reason it is desired to reopen nominations it may be done by a majority vote. This motion is undebatable. It can be amended as to the time, but no other subsidiary motion can be applied to it. It yields to privileged motions.
27. Requests Growing out of the Business of the Assembly . During the meetings of a deliberative assembly there are occasions when members wish to obtain information, or to do or to have done things that necessitate their making a request. Among these are the following, which will be treated separately:
(a) Parliamentary Inquiry; (b) Request for Information; (c) Leave to Withdraw a Motion; (d) Reading Papers; (e) To be Excused from a Duty; (f) For any other Privilege.
(a) Parliamentary Inquiry . A parliamentary inquiry, if it relates to a question that requires immediate attention, may be made while another has the floor, or may even. interrupt a speech. It should not, however, be permitted to interrupt a speaker any more than is necessary to do justice to the inquirer. It yields to privileged motions, if they were in order when the inquiry was made, and it cannot be debated or amended or have any other subsidiary motion applied to it. The inquirer does not obtain the floor, but rises and says, "Mr. Chairman, I rise to a parliamentary inquiry." The chairman asks him to state his inquiry, and if he deems it pertinent, he answers it. Or, if the inquiry is made when another has the floor, and there is no necessity for answering it until the speech is finished, the chair may defer his answer until the speaker has closed his remarks. While it is not the duty of the chairman to answer questions of parliamentary law in general, it is his duty when requested by a member, to answer any questions on parliamentary law pertinent to the pending business that may be necessary to enable the member to make a suitable motion or to raise a point of order. The chairman is supposed to be familiar with parliamentary law, while many of the members are not. A member wishing to raise a point of order and yet in doubt, should rise to a parliamentary inquiry and ask for information. Or, for 48 instance, he may wish to have the assembly act immediately on a subject that is in the hands of a committee, and he does not know how to accomplish it; -- his recourse is a parliamentary inquiry.
(b) Request for Information . A request for information relating to the pending business is treated just as a parliamentary inquiry, and has the same privileges. The inquirer rises and says, "Mr. Chairman, I rise for information," or, "I rise to a point of information," whereupon the chair directs him to state the point upon which he desires information, and the procedure continues as in case of a parliamentary inquiry. If the information is desired of the speaker, instead of the chair, the inquirer upon rising says, "Mr. Chairman, I should like to ask the gentleman a question." The chairman inquires if the speaker is willing to be interrupted, and if he consents, he directs the inquirer to proceed. The inquirer then asks the question through the chair, thus, "Mr. Chairman, I should like to ask the gentleman," etc. The reply is made in the same way, as it is not in order for members to address one another in the assembly. While each speaker addresses the chair, the chair remains silent during the conversation. If the speaker consents to the interruption the time consumed is taken out of his time.
(c) Leave to Withdraw or Modify a Motion .1 A request for leave to withdraw a motion, or a motion to grant such leave, may be made at any time before voting on the question has commenced, even though the motion has been amended. It requires no second. It may be made while incidental or subsidiary motions are pending, and these motions cease to be before the assembly when the question to which they are incidental or subsidiary is withdrawn. It yields to privileged motions, and cannot be amended or have any other subsidiary motion applied to it. It is undebatable. When it is too late to renew it, the motion to reconsider cannot be withdrawn without unanimous consent. When a motion is withdrawn, the effect is the same as if it had never been made. Until a motion is stated by the chairman, the mover may withdraw or modify it without asking consent of any one. If he modifies it the seconder may withdraw his second. After the question has been stated it is in possession of the assembly, and he can neither withdraw nor modify it without the consent of the assembly. When the mover requests permission to modify or withdraw his motion, the chair asks if there is any objection, and if there is none he announces that the motion is withdrawn or modified in such and such a way, as the case may be. If any one objects the chair puts the question on granting the request, or a motion may be made to grant it. In case the mover of a main motion wishes to accept an amendment that has been offered, without obtaining the floor, he says, "Mr. Chairman, I accept the amendment." If no objection is made the chair announces the question as amended. If any one objects, the chair states the question on the amendment, as it can be accepted only by general consent. A request for leave to do anything is treated the same as a motion to grant the leave except that the request must be made by the maker of the motion it is
49 proposed to modify, while the motion to grant the leave is made by some one else and therefore requires no second as it is favored by the one making the request.
(d) Reading Papers . If any member objects, a member has no right to read, or have the clerk read, from any paper or book, as a part of his speech, without the permission of the assembly. The request or the motion to grant such permission yields to privileged motions. It cannot be debated, or amended, or have any other subsidiary motion applied to it. It is customary, however, to allow members to read printed extracts as parts of their speeches, as long as they do not abuse the privilege.
Where papers are laid before the assembly, every member has a right to have them read once, or if there is debate or amendment he has the right to have them read again, before he can be compelled to vote on them. Whenever a member asks for the reading of any such paper evidently for information, and not for delay, the chair should direct it to be read, if no one objects. But a member has not the right to have anything read (excepting as stated above) without permission of the assembly. If a member was absent from the hall when the paper under consideration was read, even though absent on duty, he cannot insist on its being again read, as the convenience of the assembly is of more importance than that of a single member.
(e) To be Excused from a Duty . If a member is elected to office, or appointed on a committee, or has any other duty placed on him, and he is unable or unwilling to perform the duty, if present he should decline it immediately, and if absent he should, upon learning of the fact, at once notify the secretary or president orally or in writing that he cannot accept the duty. In most organizations members cannot be compelled to accept office or perform any duties not required by the by-laws, and therefore they have the right to decline office. But if a member does not immediately decline, by his silence he accepts the office, and is under obligation to perform the duty until there has been a reasonable opportunity for his resignation to be accepted. The secretary, for instance, cannot relieve himself from the responsibility of his office by resigning. His responsibility as secretary does not cease until his resignation is accepted, or, at least, until there has been a reasonable time for its acceptance. It is seldom good policy to decline to accept a resignation. As a member has no right to continue to hold an office the duties of which he cannot or will not perform, so a society has no right to force an office on an unwilling member. When a member declines an office, no motion is necessary, unless the by-laws of the society make the performance of such duties obligatory upon members. If the member is present at the election, the vacancy is filled as if no one had been elected. If the member was not present at the election, when the chair announces his refusal to take the office, as it is a question of privilege relating to the organization of the society, the election to fill the vacancy may take place at once unless notice is required, or other provision for filling vacancies is provided by the by-laws. In the case of a resignation, the 50 chair may at once state the question on accepting it, or a motion to that effect may be made. In either case it is debatable and may have any subsidiary motion applied to it. It yields to privileged and incidental motions.
(f) Request for Any Other Privilege . When any request is to be made the member rises and addresses the chair, and as soon as he catches the eye of the chairman, states at once why he rises. He should rise as soon as a member yields the floor, and, though the floor is assigned to another, he still makes his request. He should never interrupt a member while speaking unless he is sure that the urgency of the case justifies it. As a rule all such questions are settled by general consent, or informally, but, if objection is made, a vote is taken. An explanation may be requested or given, but there is no debate. As these requests arise, they should be treated so as to interrupt the proceedings as little as is consistent with the demands of justice.
1. In Congress a motion "may be withdrawn at any time before a decision or amendment." H.R. Rule 16, §2. The rule given above, which is in accordance with the common parliamentary law, is better adapted to ordinary assemblies.
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Art. V. Subsidiary Motions. 28. To Lay on the Table . This motion takes precedence of all other subsidiary motions and of such incidental questions as are pending at the time it is made. It yields to privileged motions and such motions as are incidental to itself. It is undebatable and cannot have any subsidiary motion applied to it. It may be applied to any main motion; to any question of privilege or order of the day, after it is before the assembly for consideration; to an appeal that does not adhere to the main question, so that the action on the latter would not be affected by the reversal of the chair's decision; or to the motion to reconsider when immediately pending, in which case the question to be reconsidered goes to the table also. No motion that has another motion adhering to it can be laid on the table by itself; if laid on the table it carries with it everything that adheres to it. When a motion is taken from the table everything is in the same condition, as far as practicable, as when the motion was laid on the table, except that if not taken up until the next session the effect of the previous question is exhausted. If debate has been closed by ordering the previous question, or otherwise, up to the moment of taking the last vote under the order, the questions still before the assembly may be laid on the table. Thus, if, while a resolution and an amendment and a motion to commit are pending, the previous question is ordered on the series of questions, and the vote has been taken and lost on the motion to commit, it is in order to lay on the table the resolution, which carries with it the adhering amendment.
This motion cannot be applied to anything except a question actually pending, therefore it is not in order to lay on the table a class of questions, as the orders of the day, or unfinished business, or reports of committees, because they are not pending questions, as only one main motion can be pending at a time.
To accomplish the desired object, which is evidently to reach a special subject or class of business, the proper course is to suspend the rules by a two-thirds vote and take up the desired question or class of business. Sometimes when it is desired to pass over the next order or class of business, that business is "passed," as it is called, by general consent. In such case, as soon as the business for which it was "passed" is disposed of, it is then taken up. By general consent, the business to come before the assembly may be considered in any order the assembly desires.
If a motion to lay on the table has been made and lost, or if a question laid on the table has been taken from the table, it shows that the assembly wishes to consider the question now, and therefore a motion made the same day to lay that question on the table is out of order until there has been material progress in business or debate, or unless an unforeseen urgent matter requires immediate attention. The assembly cannot be required to vote again the same day on laying the question on the table unless there is such a change in the state of affairs as to make it a new question Motions relating to adjournment or recess, made and lost, are not
52 business justifying the renewal of the motion to lay on the table, but the renewal of the motion might be justified after a vote on an important amendment, or on the motion to commit. A vote on laying on the table cannot be reconsidered, because, if lost the motion may be renewed as soon as there has been material progress in debate or business, or even before if anything unforeseen occurs of such an urgent nature as to require immediate attention; and if adopted the question may be taken from the table as soon as the interrupting business has been disposed of and while no question is pending, and business of this class, or new or unfinished business, is in order.
The Form of this motion is, "I move to lay the question on the table," or, "That the question be laid on the table," or, "That the question lie on the table." It cannot be qualified in any way; if it is qualified, thus, "To lay the question on the table until 2 P.M.," the chair should state it properly as a motion to postpone until 2 P.M., which is a debatable question, and not the motion to lay on the table.
The Object 1 of this motion is to enable the assembly, in order to attend to more urgent business, to lay aside the pending question in such a way that its consideration may be resumed at the will of the assembly as easily as if it were a new question, and in preference to new questions competing with it for consideration. It is to the interest of the assembly that this object should be attained instantly by a majority vote, and therefore this motion must either apply to, or take precedence of, every debatable motion whatever its rank. It is undebatable, and requires only a majority vote, notwithstanding the fact that if not taken from the table the question is suppressed. These are dangerous privileges which are given to no other motion whose adoption would result in final action on a main motion. There is a great temptation to make an improper use of them, and lay questions on the table for the purpose of instantly suppressing them by a majority vote, instead of using the previous question, the legitimate motion to bring the assembly to an immediate vote. The fundamental principles of parliamentary law require a two-thirds vote for every motion that suppresses a main question for the session without free debate. The motion to lay on the table being undebatable, and requiring only a majority vote, and having the highest rank of all subsidiary motions, is in direct conflict with these principles, if used to suppress a question. If habitually used in this way, it should, like the other motions to suppress without debate, require a two-thirds vote.
The minority has no remedy for the unfair use of this motion, but the evil can be slightly diminished as follows: The person who introduces a resolution is sometimes cut off from speaking by the motion to lay the question on the table being made as soon as the chair states the question, or even before. In such cases the introducer of the resolution should always claim the floor, to which he is entitled, and make his speech. Persons are commonly in such a hurry to make this motion that they neglect to address the chair and thus obtain the floor. 53
In such case one of the minority should address the chair quickly, and if not given the floor, make the point of order that he is the first one to address the chair, and that the other member, not having the floor, was not entitled to make a motion [ 3].
As motions laid on the table are merely temporarily laid aside, the majority should remember that the minority may all stay to the moment of final adjournment and then be in the majority, and take up and pass the resolutions laid on the table. They may also take the question from the table at the next meeting in societies having regular meetings as frequently as quarterly. The safer and fairer method is to object to the consideration of the question if it is so objectionable that it is not desired to allow even its introducer to speak on it; or, if there has been debate so it cannot be objected to, then to move the previous question, which, if adopted, immediately brings the assembly to a vote. These are legitimate motions for getting at the sense of the members at once as to whether they wish the subject discussed, and, as they require a two-thirds vote, no one has a right to object to their being adopted.
The Effect of the adoption of this motion is to place on the table, that is, in charge of the secretary, the pending question and everything adhering to it; so, if an amendment is pending to a motion to refer a resolution to a committee, and the question is laid on the table, all these questions go together to the table, and when taken from the table they all come up together. An amendment proposed to anything already adopted is a main motion, and therefore when laid on the table, does not carry with it the thing proposed to be amended. A question of privilege may be laid on the table without carrying with it the question it interrupted. In legislative bodies, and all others that do not have regular sessions as often as quarterly, questions laid on the table remain there for that entire session, unless taken up before the session closes. In deliberative bodies with regular sessions as frequent as quarterly, the sessions usually are very short and questions laid on the table remain there until the close of the next regular session, if not taken up earlier; just as in the same assemblies a question can be postponed to the next session, and the effect of the motion to reconsider, if not called up, does not terminate until the close of the next session. The reasons for any one of these rules apply with nearly equal force to the others. While a question is on the table no motion on the same subject is in order that would in any way affect the question that is on the table; it is necessary first to take the question from the table and move the new one as a substitute, or to make such other motion as is adapted to the case.
1. The common parliamentary law in regard to this motion is thus laid down in Section 33 of Jefferson's Manual, the authority in both Houses of Congress: "4. When the House has something else which claims its present attention, but would be willing to reserve in their power to take up a proposition whenever it shall suit 54 them, they order it to lie on their table. It may then be called for at any time." But, on account of the enormous number of bills introduced each session and the possibility of considering only a small fraction of them, Congress has been obliged to find some way by which the majority can quickly kill a bill. The high rank and undebatability of this motion enabled it to be used for this purpose by simply allowing its mover the right of recognition in preference to the member reporting the bill, and then not allowing a question to be taken from the table except under a suspension of the rules (unless it is a privileged matter), which requires a two- thirds vote. This complete revolution in the use of the motion to lay on the table renders all the practice of Congress in regard to this motion useless for any ordinary deliberative assembly. It is the extreme of a "gag law," and is only justifiable in an assembly where it is impossible to attend to one-tenth of the bills and resolutions introduced. In Congress, to lay on the table and the previous question require the same vote (a majority), and in all ordinary societies where to lay on the table is habitually used to kill questions, it should require the same vote as the previous question, namely, two-thirds.
29. The Previous Question 1 takes precedence of all subsidiary [ 12 ] motions except to lay on the table, and yields to privileged [ 14 ] and incidental [ 13 ] motions, and to the motion to lay on the table. It is undebatable, and cannot be amended or have any other subsidiary motion applied to it. The effect of an amendment may be obtained by calling for, or moving, the previous question on a different set of the pending questions (which must be consecutive and include the immediately pending question), in which case the vote is taken first on the motion which orders the previous question on the largest number of questions. It may be applied to any debatable or amendable motion or motions, and if unqualified it applies only to the immediately pending motion. It may be qualified so as to apply to a series of pending questions, or to a consecutive part of a series beginning with the immediately pending question. It requires a two-thirds vote for its adoption. After the previous question has been ordered, up to the time of taking the last vote under it, the questions that have not been voted on may be laid on the table, but can have no other subsidiary motions applied to them. An appeal made after the previous question has been demanded or ordered and before its exhaustion, is undebatable. The previous question, before any vote has been taken under it, may be reconsidered, but not after its partial execution. As no one would vote to reconsider the vote ordering the previous question who was not opposed to the previous question, it follows that if the motion to reconsider prevails, it will be impossible to secure a two-thirds vote for the previous question, and, therefore, if it is voted to reconsider the previous question it is considered as rejecting that question and placing the business as it was before the previous question was moved. If a vote taken under the previous question is reconsidered before the previous question is exhausted, there can be no debate or amendment of the proposition; but if the reconsideration is after the previous question is exhausted, then the motion to reconsider, as well as the question to be reconsidered, is divested of
55 the previous question and is debatable. If lost, the previous question may be renewed after sufficient progress in debate to make it a new question.
The Form of this motion is, "I move [or demand, or call for] the previous question on [here specify the motions on which it is desired to be ordered]." As it cannot be debated or amended, it must be voted on immediately. The form of putting the question 2 is, "The previous question is moved [or demanded, or called for] on [specify the motions on which the previous question is demanded].
As many as are in favor of ordering the previous question on [repeat the motions] will rise." When they are seated he continues, "Those opposed will rise. There being two-thirds in favor of the motion, the affirmative has it and the previous question is ordered on [repeat the motions upon which it is ordered]. The question is [or recurs] on [state the immediately pending question]. As many as are in favor," etc. If the previous question is ordered the chair immediately proceeds to put to vote the questions on which it was ordered until all the votes are taken, or there is an affirmative vote on postponing definitely or indefinitely, or committing, either of which exhausts the previous question. If there can be the slightest doubt as to the vote the chair should take it again immediately, counting each side. If less than two-thirds vote in the affirmative, the chair announces the vote thus: "There not being two-thirds in favor of the motion, the negative has it and the motion is lost. The question is on," etc., the chair stating the question on the immediately pending question, which is again open to debate and amendment, the same as if the previous question had not been demanded.
The question may be put in a form similar to this: "The previous question has been moved on the motion to commit and its amendment. As many as are in favor of now putting the question on the motion to commit and its amendment will rise; those opposed will rise. There being two-thirds in favor of the motion, the debate is closed on the motion to commit and its amendment, and the question is on the amendment," etc. While this form is allowable, yet it is better to conform to the regular parliamentary form as given above.
The Object of the previous question is to bring the assembly at once to a vote on the immediately pending question and on such other pending questions as may be specified in the demand. It is the proper motion to use for this purpose, whether the object is to adopt or to kill the proposition on which it is ordered, without further debate or motions to amend.
The Effect 3 of ordering the previous question is to close debate immediately, to prevent the moving of amendments or any other subsidiary motions except to lay on the table, and to bring the assembly at once to a vote on the immediately pending question, and such other pending questions as were specified in the demand, or motion. If the previous question is ordered on more than one question, then its effect extends to those 56 questions and is not exhausted until they are voted on, or they are disposed of as shown below under exhaustion of the previous question. If the previous question is voted down, the discussion continues as if this motion had not been made. The effect of the previous question does not extend beyond the session in which it was adopted. Should any of the questions upon which it was ordered come before the assembly at a future session they are divested of the previous question and are open to debate and amendment.
The previous question is Exhausted during the session as follows:
(1) When the previous question is unqualified, its effect terminates as soon as the vote is taken on the immediately pending question.
(2) If the previous question is ordered on more than one of the pending questions its effect is not exhausted until all of the questions upon which it has been ordered have been voted on, or else the effect of those that have been voted on has been to commit the main question, or to postpone it definitely or indefinitely.
If, before the exhaustion of the previous question, the questions on which it has been ordered that have not been voted on are laid on the table, the previous question is not exhausted thereby, so that when they are taken from the table during the same session, they are still under the previous question and cannot be debated or amended or have any other subsidiary motion applied to them.
NOTE ON THE PREVIOUS QUESTION.-- Much of the confusion heretofore existing in regard to the Previous Question has arisen from the great changes which this motion has undergone. As originally designed, and at present used in the English Parliament, the previous question was not intended to suppress debate, but to suppress the main question, and therefore, in England, it is always moved by the enemies of the measure, who then vote in the negative. It was first used in 1604, and was intended to be applied only to delicate questions; it was put in this form, "Shall the main question be put?" and being negatived, the main question was dismissed for that session. Its form was afterwards changed to this, which is used at present, "Shall the main question be now put?" and if negatived the question was dismissed, at first only until after the ensuing debate was over, but now, for that day. The motion for the previous question could be debated; when once put to vote, whether decided affirmatively or negatively, it prevented any discussion of the main question, for, if decided affirmatively, the main question was immediately put, and if decided negatively (that is, that the main question be not now put), it was dismissed for the day.
Our Congress has gradually changed the English Previous Question into an entirely different motion, so that, while in England, the mover of the previous question votes against it, in this country he votes for it. At first the
57 previous question was debatable; if adopted it cut off all motions except the main question, which was immediately put to vote, and if rejected the main question was dismissed for that day as in England. Congress, in 1805, made it undebatable. In 1840 the rule was changed so as not to cut off amendments but to bring the House to a vote first upon pending amendments, and then upon the main question. In 1848 its effect was changed again so as to bring the House to a vote upon the motion to commit if it had been made, then upon amendments reported by a committee, if any, then upon pending amendments, and finally upon the main question. In 1860 Congress decided that the only effect of the previous question, if the motion to postpone were pending, should be to bring the House to a direct vote on the postponement-- thus preventing the previous question from cutting off any pending motion. In 1860 the rule was modified also so as to allow it to be applied if so specified to an amendment or to an amendment of an amendment, without affecting anything else, and so that if the previous question were lost the debate would be resumed. In 1880 the rule was further changed so as to allow it to be applied to single motions, or to a series of motions, the motions to which it is to apply being specified in the demand; and 30 minutes' debate, equally divided between the friends and the enemies of the proposition, was allowed after the previous question had been ordered, if there had been no debate previously. In 1890 the 30 minutes' debate was changed to 40 minutes. The previous question now is simply a motion to close debate and proceed to voting on the immediately pending question and such other pending questions as it has been ordered upon.
1. The previous question is the only motion used in the House of Representatives for closing debate. It may be ordered by a majority vote. If there has been no previous debate on the subject, forty minutes of debate, to be equally divided between those opposed to and those in favor of the proposition, is allowed after the previous question has been ordered. The motion is not allowed in the Senate. House Rule 17 is as follows:
"1. There shall be a motion for the previous question, which, being ordered by a majority of members voting, if a quorum be present shall have the effect to cut off all debate and bring the House to a direct vote upon the immediate question or questions on which it has been asked and ordered. The previous question may be asked and ordered upon a single motion, a series of motions allowable under the rules, or an amendment or amendments, or may be made to embrace all authorized motions or amendments and include the bill to its passage or rejection. It shall be in order pending the motion for or after the previous question shall have been ordered on its passage, for the Speaker to entertain and submit a motion to commit, with or without instructions, to a standing or select committee. "2. A call of the House shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the Speaker that a quorum is not present. "3. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."
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2. The Congressional form of putting this question is "The gentleman from ... demands the previous question. As many as are in favor of ordering the previous question will say Aye; as many as are opposed will say No."
3. The former practice of allowing the member reporting a bill from a committee to close the debate with a speech after the previous question has been ordered, has been abandoned by Congress.
30. Limit or Extend Limits of Debate . Motions, or orders, to limit or extend the limits of debate, like the previous question, take precedence of all debatable motions, may be applied to any debatable motion or series of motions, and, if not specified to the contrary, apply only to the immediately pending question. If it is voted to limit the debate, the order applies to all incidental and subsidiary motions and the motion to reconsider, subsequently made, as long as the order is in force. But an order extending the limits of debate does not apply to any motions except the immediately pending one and such others as are specified. They are undebatable, and require a two-thirds vote for their adoption. These motions may be amended, but can have no other subsidiary motion applied to them. They yield to privileged [ 14 ] and incidental [ 13 ] motions, and to the motions to lay on the table and for the previous question. They may be made only when the immediately pending question is debatable. When one of them is pending, another one that does not conflict with it may be moved as an amendment. After one of these motions has been adopted it is in order to move another one of them, provided it does not conflict with the one in force. This motion to limit or extend the limits of debate may be reconsidered even though the order has been partially executed, and if lost it may be renewed after there has been sufficient progress in debate to make it a new question.
After an order is adopted closing debate at a certain hour, or limiting it to a certain time, the motions to postpone and to commit cannot be moved until the vote adopting the order has been reconsidered; but the pending question may be laid on the table, and if it is not taken from the table until after the hour appointed for closing the debate and taking the vote, no debate or motion to amend is allowed, as the chair should immediately put the question. After the adoption of an order limiting the number or length of the speeches, or extending these limits, it is in order to move any of the other subsidiary [ 12 ] motions on the pending question.
An order modifying the limits of debate on a question is in force only during the session in which it was adopted. If the question in any way goes over to the next session it is divested of this order and is open to debate according to the regular rules.
The various Forms of this motion are as follows:
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(1) To fix the hour for closing debate and putting the question, the form is similar to this: "I move that debate close and the question be put on the resolution at 9 P.M."
(2) To limit the length of the debate, the motion may be made thus: "I move that debate on the pending amendment be limited to twenty minutes."
(3) To reduce or increase the number and length of speeches, the motion should be made in a form similar to one of these: "I move that debate on the pending resolution and its amendments be limited to one speech of five minutes from each member;" "I move that Mr. A's time be extended ten minutes;" "I move that Messrs. A and B (the leaders on the two sides) be allowed twenty minutes each, to be divided between their two speeches at their pleasure, and that other members be limited to one speech of two minutes each, and that the question be put at 9 P.M."
31. To Postpone to a Certain Time or Definitely 1 takes precedence of the motions to commit, to amend, and to postpone indefinitely, and yields to all privileged [ 14 ] and incidental [ 13 ] motions, and to the motions to lay on the table, for the previous question, and to limit or to extend the limits of debate. It allows of a limited debate which must not go into the merits of the main question any more than is necessary to enable the assembly to determine the propriety of the postponement. It may be amended as to the time, and also by making the postponed question a special order. The previous question and the motions limiting or extending the limits of debate may be applied to it. It cannot be laid on the table alone, but when it is pending the main question may be laid on the table which carries with it the motion to postpone. It cannot be committed or postponed indefinitely. It may be reconsidered. When it makes a question a special order it requires a two- thirds vote.
The time to which a question is postponed must fall within the session or the next session, 2 and, if it is desired to postpone it to a different time, which must not be beyond the next regular session, it is necessary first to fix the time for an adjourned meeting, and then the question may be postponed to that meeting. Some societies have frequent meetings for literary or other purposes at which business may be transacted, while they hold every month or quarter a meeting especially for business. In such societies these rules apply particularly to the regular business meetings, to which questions may be postponed from the previous regular business meeting or from any of the intervening meetings. Neither the motion to postpone definitely nor an amendment to it, is in order when it has the effect of an indefinite postponement; that is, to defeat the measure, as, for instance, to postpone until tomorrow a motion to accept an invitation to a banquet tonight. If the motion to postpone indefinitely is in order at the time, the chair may treat it as such at his discretion, but it cannot be recognized
60 as a motion to postpone definitely. It is not in order to postpone a class of business, as reports of committees; as each report is announced or called for, it may be postponed, or the rules may be suspended by a two-thirds vote and the desired question be taken up. A matter that is required by the by-laws to be attended to at a specified time or meeting as the election of officers cannot, in advance, be postponed to another time or meeting, but when that specified time or meeting arrives the assembly may postpone it to an adjourned meeting. This is sometimes advisable as in case of an annual meeting for the election of officers occurring on a very stormy night so that a bare quorum is present. After an order of the day or a question of privilege is before the assembly for action, its further consideration may be postponed, or any other subsidiary motion may be applied to it. When a question has been postponed to a certain time, it becomes an order of the day for that time and cannot be taken up before that time except by a reconsideration, or by suspending the rules for that purpose, which requires a two-thirds vote. [See Orders of the Day, 20 , for the treatment of questions that have been postponed definitely.]
The Form of this motion depends upon the object sought.
(1) If the object is simply to postpone the question to the next meeting, when it will have precedence of new business, the form of the motion is "to postpone the question [or, that the question be postponed] to the next meeting." It then becomes a general order for that meeting.
(2) If the object is to specify an hour when the question will be taken up as soon as the question then pending, if there is any, is disposed of, the form is similar to this: "I move that the question be postponed to 3 P.M."
(3) If it is desired to postpone the question until after a certain event, when it shall immediately come up, the form is, "To postpone the question until after the address on Economics."
(4) If the object is to insure its not being crowded out by other matters there should be added to the motion to postpone as given in the first two cases above, the words, "and be made a special order." Or the motion may be made thus: "I move that the question be postponed and made a special order for the next meeting [or, for 3 P.M. tomorrow]." The motion in this form requires a two-thirds vote, as it suspends the rules that may interfere with its consideration at the time specified as explained under Orders of the Day [ 20 ].
(5) If it is desired to postpone a question to an adjourned meeting and devote the entire time, if necessary, to its consideration, as in case of revising by-laws, after providing for the adjourned meeting the motion should be made in this form: "I move that the question be postponed and made the special order for next Tuesday evening." Or, a question may be postponed and made the special order for the next regular meeting.
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The Effect of postponing a question is to make it an order of the day for the time to which it was postponed, and if it is not then disposed of, it becomes unfinished business. Postponing a question to a certain hour does not make it a special order unless so specified in the motion. The motion to postpone definitely may be amended by a majority vote so as to make the amended motion one to make the question a special order. If this is done the amended motion will require a two-thirds vote. [Orders of the Day, 20 , should be read in connection with this section.]
1. In Congress the form of this motion is to postpone to a day certain, unless it is proposed to make the question a special order for a certain hour, when the hour is specified.
2. In Congress a motion cannot he postponed to the next session, but it is customary in ordinary societies.
32. To Commit or Refer . (All the rules in regard to this motion, except where stated to the contrary, apply equally to the motions to Go into Committee of the Whole, to Consider Informally, and to Recommit as it is called when a question is committed a second time.) This motion takes precedence of the motions to amend and to postpone indefinitely, and yields to all the other subsidiary [ 12 ] motions and to all privileged [ 14 ] and incidental [ 13 ] motions. It cannot be applied to any subsidiary motion, nor can it be laid on the table or postponed except in connection with the main question. The previous question, and motions to limit or extend the limits of debate, and to amend, may be applied, to it without affecting the main question. It is debatable but only as to the propriety of committing the main question. 1 If the motion to postpone indefinitely is pending when a question is referred to a committee, it is lost, and is not referred to the committee. Pending amendments go with the main motion to the committee. The motion to commit may be reconsidered, but after the committee has begun the consideration of the question referred to it, it is too late to move to reconsider the vote to commit. The committee may, however, then be discharged as shown below.
The motion to commit (that is, to refer to a committee) may vary in form all the way from the simple form of, "That the question be referred to a committee," to the complete form of referring to question "to a committee of five to be appointed by the chair, with instructions to report resolutions properly covering the case, at the next regular business meeting." If the motion is made in the complete form the details may be changed by amendments, though they are usually treated not as ordinary amendments, but as in filling blanks [ 33:14 ].
If the motion is made in the simple form of merely referring the pending question to a committee there are three courses that may be pursued in completing the details, the one to be chosen depending upon the circumstances of the case. (1) The simple, or skeleton, motion may be completed by moving amendments, or making suggestions, for adding the required details as stated below. (2) The chair on his own initiative may call 62 for suggestions to complete the motion, first inquiring as to what committee the question shall be referred, and continuing in the order shown hereafter. (3) The motion in its simplest form may be put to vote at once by its enemies' ordering the previous question, and where the motion to commit is almost certain to be lost this is sometimes done to save the time that would be uselessly spent in completing the details. If it should happen that the motion to commit is adopted, which is improbable, then the details are completed before any new business, except privileged matters, can be taken up. These details are taken up in the order given below, the chair calling for the several items much as if he were completing the motion before it was voted on.
In completing a motion simply to refer to a committee, the first question the chair asks is, "To what committee shall the question be referred?" If different ones are suggested, the suggestions are not treated as amendments of those previously offered, but are voted on in the following order until one receives a majority vote: Committee of the whole; as if in committee of the whole; consider informally; standing committee, in the order in which they are proposed; special (select) committee (largest number voted on first). If the question has already been before a standing or special committee the motion becomes the motion to recommit, and the committees would be voted on in the above order except the old committee would precede other standing and select committees. In suggesting or moving that the committee be a special one, the word "special" is not generally used, the motion being made to refer the question to a committee of five, or any other number, which makes it a special committee; that is, not a standing committee. If any committee except a special one is decided upon, the chair should then put the question on referring the question to that committee. But any one may interrupt him and move to add instructions, or he, himself, may suggest them, or instructions may be given after the vote has been taken on committing the question. Instructions may be given to the committee by a majority vote at any time before it submits its report, even at another session.
If the committee is to be a special one, it is necessary in addition to its number to decide how it is to be appointed. If different methods are suggested, or moved, they are voted on in the following order: Ballot; nominations from the floor (or open nominations); nominations by the chair; and lastly, appointment by the chair, the method that should usually be adopted in very large assemblies. When this is decided the completed motion to commit is put to vote. Instructions as heretofore stated may be added before the vote is taken on the motion to commit, or they may be given afterwards. If the motion to commit is adopted, no new business, except privileged matters, can intervene until the appointment of the committee by the method prescribed, except that when the chair appoints the committee he may wish time to make his selections, which, however, must be announced to the assembly.
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If nominations are made from the floor no one can nominate more than one, if objection is made. The member making a nomination in a large assembly rises, and, addressing the chair without waiting to be recognized, says, "I nominate Mr. A." In small assemblies the nominations for committees are frequently made by members from their seats suggesting names. The chair repeats each name as he hears it, and if no more than the prescribed number is suggested, he puts the question on the members named constituting the committee. If more names than the prescribed number are suggested, the chair puts the question on each name in succession, beginning with the first named, until enough are chosen to fill the committee. The negative must be put as well as the affirmative, a majority vote being required for each member of the committee. If the committee is nominated by the chair he states the question thus: "The question is, 'Shall these members constitute the committee?'" It is now in order to move to strike out any of the names, and if such a motion is adopted the chair replaces them with other names. When he appoints the committee no vote is taken, but he must announce the names of the committee to the assembly, and until such announcement is made the committee cannot act. If it is desired to permit the chair to appoint a committee after adjournment, it must be authorized by a vote. The power to appoint a committee carries with it the power to appoint its chairman and to fill any vacancy that may arise in the committee. The resignation of a member of a committee should be addressed to the appointing power.
The Forms of this motion are as follows: "To refer the question to a committee;" "To recommit the resolution;" "That the subject be referred to a committee of three to be appointed by the chair, and that it report by resolution at the next meeting;" "That it be referred to a committee with power;" "That the assembly do now resolve itself into [or, go into] committee of the whole, to take under consideration," etc., specifying the subject [ 55 ]; "That the resolution be considered as if in committee of the whole" [ 56 ]; "That the resolution be considered informally" [ 57 ].
The Object of the motion to refer to a standing or special committee is usually to enable a question to be more carefully investigated and put into better shape for the assembly to consider, than can be done in the assembly itself. Where an assembly is large and has a very large amount of business it is safer to have every main question go to a committee before final action on it is taken. A special committee to investigate and report upon a subject should consist of representative members on both sides of the question, so that both parties in the assembly may have confidence in the report, or reports in case there is disagreement and a minority report is submitted. By care in selecting committees in ordinary assemblies, debates upon delicate and troublesome questions can be mostly confined to the committees. It is not at all necessary to appoint on the committee the member who makes the motion to refer, but it is usual, and the courteous thing to do, when he is specially interested or informed on the subject. If the appointing power does not designate a 64 chairman of the committee, the member first named acts as such unless the committee elects its own chairman. Consequently it is very important that the first named should be an efficient person, especially in a committee for action.
Sometimes a question is referred to a committee with full power to act in the case. When the duty assigned it has been performed, it should report what it has done, and when this report has been made the committee ceases to exist. When the assembly has decided a question and appoints a committee to take certain action (such as a committee of arrangements for holding a public meeting), then the committee should be small, and all should be favorable to the action to be taken. If any one is appointed on such a committee who is not in sympathy with the proposed action, he should say so and ask to be excused. Sometimes such a committee is given power to add to its number.
The object of going into committee of the whole, or considering a question as if in committee of the whole, or informally, is to enable the assembly to discuss a question with perfect freedom, there being no limit to the number of speeches. The first method is used in the United States House of Representatives, and the second in the United States Senate. The last one is the simplest, and is best adapted to ordinary societies that are not very large. They are explained in 55-57 .
If any form of the motion to commit is made with reference to a question not pending, it becomes a main motion. Thus, a motion to go into committee of the whole on a question not pending, or to appoint a committee upon a subject not pending, or to appoint a committee to take certain action, is a main motion.
To Discharge a Committee . When a committee has made its final report and it has been received by the assembly, the committee ceases to exist without any motion being made to that effect. If, for any reason, the assembly wishes to take a question out of the hands of a committee, and it is too late to reconsider the vote on the committal, it is necessary to "discharge the committee from further consideration" of the resolution or other matter referred to it, for as long as the matter is in the hands of the committee, the assembly cannot consider anything involving practically the same question. lf the committee has not yet taken up the question referred to it, the proper motion on the day or the day after it was referred, is to reconsider the vote to commit, which requires only a majority vote. If the motion to reconsider cannot be made, a motion to discharge the committee should be made, which, if adopted, practically rescinds action taken, and therefore requires a two-thirds vote, or a vote of a majority of the membership, unless previous notice of the motion has been given, when it requires only a majority vote. When the committee is discharged its chairman returns to the secretary all papers that have been entrusted to him. It requires a motion to bring the matter referred
65 before the assembly, and this motion may be combined with the motion to discharge, thus: "I move that the committee to whom was referred the resolution on immigration be discharged, and that the resolution be now taken up for consideration [or, be considered at some other specified time]." 2
1. Congress has changed its rule in regard to the motion to commit, so that now it is undebatable, instead of being debatable and opening to debate the merits of the main question. In a body like Congress, where nearly all the business must be attended to in committees, debate on referring a proposition to a committee should not be allowed. Members can appear before the committee and present their views. But in an ordinary deliberative assembly it is better to observe the general principles governing the debatability of motion as laid down in [45], and allow of debate as to the propriety of referring the question to a committee.
2. In H.R. Rule 27 is the following: "4. Any member may present to the clerk a motion in writing to discharge a committee from further consideration of any public bill or joint resolution which may have been referred to such committee fifteen days prior thereto. All such motions shall be entered in the Journal and printed on a calendar to be known as a 'Calendar of Motions to Discharge Committees.' ... When such motions shall be called up ... debate on such motion shall be limited to twenty minutes, one-half thereof in favor of the proposition and one-half in opposition thereto. Such motions shall have precedence over motions to suspend the rules and shall require for adoption an affirmative vote of a majority of the membership of the House."
33. To Amend takes precedence of the motion to postpone indefinitely, and yields to all other subsidiary [ 12 ] motions and to all privileged [ 14 ] and incidental [ 13 ] motions, except the motion to divide the question. It can be applied to all motions except those in the List of Motions that Cannot be Amended [ 33:12 ]. It can be amended itself, but this "amendment of an amendment" (an amendment of the second degree) cannot be amended. The previous question and motions to limit or extend the limits of debate may be applied to an amendment, or to only an amendment of an amendment, and in such case they do not affect the main question, unless so specified. An amendment is debatable in all cases except where the motion to be amended is undebatable. An amendment of a pending question requires only a majority vote for its adoption, even though the question to be amended requires a two-thirds vote. An amendment of a constitution or by-laws, or rules of order, or order of business, previously adopted, requires a two-thirds vote; but an amendment of that amendment requires only a majority vote. When a motion or resolution is under consideration only one amendment of the first degree is permitted at a time, and one amendment of that amendment -- that is, an amendment of the second degree is allowed also. An amendment of the third degree would be too complicated and is not in order. 1 Instead of making it, a member may say that if the amendment of the 66 amendment is voted down, he will offer such and such an amendment of the amendment. While there can be only one amendment of each degree pending at the same time, any number of them may be offered in succession. An amendment must be germane 2 to the subject to be amended -- that is, it must relate to it, as shown further on. So an amendment to an amendment must be germane to the latter.
Form . An amendment may be in any of the following forms: (a) to insert or add (that is, place at the end); (b) to strike out ; (c) to strike out and insert , or to substitute , as it is called, when an entire paragraph or resolution is struck out and another is inserted. The third form is a combination of the other two and cannot be divided, though, as shown hereafter, for the purposes of amendment the two motions are treated separately, the words to be struck out being first amended and then the words to be inserted. No amendment is in order the effect of which is to convert one of these forms into another.
The motion to amend is made in a form similar to this: "I move to amend the resolution by inserting the word 'very' before the word 'good;'" or, it may be reduced to a form as simple as this: "I move to insert 'very' before 'good.'" The motion to insert should always specify the word before or after which the insertion is to be made. The motion to strike out should also locate the word, provided it occurs more than once. When the chair states the question on the amendment he should repeat the motion in detail so that all may understand what modification is proposed. Unless the effect of the amendment is very evident, he should, in putting the question, show clearly the effect of its adoption, even though it requires the reading of the entire resolution, and then the words to be inserted, or struck out, or struck out and inserted, and finally the resolution as it will stand if the amendment is adopted. He then says, "As many as are in favor of the amendment [or, of striking out, etc., or of inserting, etc.] say aye ; those opposed, say no . The ayes have it, the amendment is adopted, and the question is on the resolution as amended, which is, ' Resolved , That,"' etc., reading the resolution as amended. If the vote is taken by show of hands or by rising, the question is put and the vote announced thus: "As many as are in favor of the amendment will rise [or, will raise the right hand]; those opposed will rise [or, will manifest it in the same way]. The affirmative has it and the amendment is adopted. The question is on the resolution," etc. The instant the amendment is voted on, whether it is adopted or lost, the chair should announce the result of the vote and state the question that is then before the assembly.
To Insert or Add Words . When a motion to insert [or add] certain words is made, the words to be inserted should be perfected by amendments proposed by their friends before the vote is taken on inserting or adding them. After words have been inserted or added, they cannot be changed or struck out except by a motion to strike out the paragraph, or such a portion of it as shall make the question an entirely different one from that of inserting the particular words; or by combining such a motion to strike out the paragraph or a portion of it 67 with the motion to insert other words. The principle involved is that when the assembly has voted that certain words shall form a part of a resolution, it is not in order to make another motion that involves exactly the same question as the one it has decided. The only way to bring it up again is to move to reconsider [ 36 ] the vote by which the words were inserted. If the motion to insert is lost, it does not preclude any other motion to insert these words together with other words, or in place of other words, provided the new motion presents essentially new question to the assembly.
To Strike out Words . The motion to strike out certain words can be applied only to consecutive words, though, as the result of amendments, the words may be separated when the final vote is taken. If it is desired to strike out separated words, it is necessary to strike out the separated words by separate motions, or still better, a motion may be made to strike out the entire clause or sentence containing the words to be struck out and insert a new clause or sentence as desired. The motion to strike out certain words may be amended only by striking out words from the amendment, the effect of which is to retain in the resolution the words struck out of the amendment provided both motions are adopted. If the motion to strike out certain words is adopted, the same words cannot be again inserted unless the place or the wording is so changed as to make a new proposition. If the motion to strike out fails, 3 it does not preclude a motion to strike out the same words and insert other words, or to strike out a part of the words, or to strike out a part and insert other words; or to strike out these words with others, or to do this and insert other words. In each of these cases the new question is materially different from the old one. For striking out all, or a part, of something that has been previously adopted, see "Rescind, etc." [ 37 ].
To Strike Out and Insert Words is a combination of the two preceding motions, and is indivisible. 3 For purposes of amendment it is resolved into its constituent elements, and the words to be struck out are first amended, after which the words to be inserted are amended. After their amendment the question is put on the motion to strike out and insert. If it is adopted, the inserted words cannot be struck out, nor can the words struck out be inserted, unless the words or place are so changed as to make the question a new one, as described above. If the motion is lost, it does not preclude either of the single motions to strike out or to insert the same words, nor another motion to strike out and insert, provided there is any material change in either the words to be struck out or the words to be inserted, so that the questions are not practically identical. When it is desired to strike out or modify separated words, a motion may be made to strike out so much of the resolution as is necessary to include all the words to be struck out or changed, and to insert the desired revision including these words. If the words are inserted in the place previously occupied by the words struck out, they may differ materially from the latter, provided they are germane to it. If the words are to be inserted at a different place, then they must not differ materially from those struck out, as it must be in the nature of a transfer the 68 combined motion to strike out words in one place and to insert different words in another place is not in order. Either the place or the words must be substantially the same. If there are several changes to be made, it is usually better to rewrite the paragraph and offer it as a substitute, as shown further on.
Amendments Affecting an Entire Paragraph . A motion to insert (or add) or to strike out a paragraph, or to substitute one paragraph for another, is an amendment of the first degree, and therefore cannot be made when an amendment is pending. The friends of the paragraph to be inserted or struck out should put it in the best possible shape by amending it before it is voted on. After a paragraph has been inserted it cannot be amended except by adding to it; and it cannot be struck out except in connection with other paragraphs so as to make the question essentially a new one. If a paragraph is struck out, it cannot be inserted afterwards unless it is so changed in wording or place as to present an essentially new question. If the motion to insert or to strike out a paragraph is lost, it does not preclude any other motion except one that presents essentially the same question as the one that the assembly has already decided, as shown above in the case of amending words of a paragraph. Thus, when a motion to insert a paragraph has been lost, it is in order to move to insert a part of the paragraph or the entire paragraph if materially altered. So, though the assembly has refused to strike out a paragraph, it is in order to strike out a part of the paragraph or otherwise to amend it, though it is safer for its friends to make it as nearly perfect as possible before the vote is taken on striking it out, with a view to defeating that motion.
A motion to substitute one paragraph for another (which is a combination of the two preceding motions) after being stated by the chair is resolved into its two elements for the purpose of amendment, the chair at first entertaining amendments only to the paragraph to be struck out, these amendments being of the second degree. After it is perfected by its friends, the chair asks if there are any amendments proposed to the paragraph to be inserted. When both paragraphs have been perfected by amendments the question is put on substituting one paragraph for the other. Even though the paragraph constitutes the entire resolution and the motion to substitute is carried, it is necessary afterwards to vote on adopting the resolution, as it has only been voted to substitute one paragraph for another. A paragraph that has been substituted for another cannot be amended afterwards, except by adding to it, like any other paragraph that has been inserted. The paragraph that has been replaced cannot be again inserted unless so modified as to constitute a new question, as with any paragraph that has been struck out. If the motion to substitute is lost, the assembly has only decided that that particular paragraph shall not replace the one specified. It may be willing that it replace some other paragraph, or that it be inserted, or that the paragraph retained in the resolution be further amended, or even struck out. But no amendment is in order that presents to the assembly practically a question that it has already decided. 69
In parliamentary language it is not correct to speak of "substituting" one word or part of a paragraph for another, as the term is applied to nothing less than a paragraph. When a question is being considered by section, it is in order to move a substitute for the pending section. A substitute for the entire resolution, or report, cannot be moved until the sections have all been considered and the chair has announced that the entire paper is open to amendment. When a resolution with amendments of the first and second degree pending, is referred to a committee, they may report it back with a substitute for the resolution which they recommend, even though two amendments are pending. In such a case the chair states the question first on the amendments that were pending when the resolution was committed. When they are disposed of, he states the question on the substitute recommended by the committee and proceeds as in case of any other substitute motion.
Improper Amendments . An amendment is not in order which is not germane to the question to be amended; or merely makes the affirmative of the amended question equivalent to the negative of the original question; or is identical with a question previously decided by the assembly during that session; or changes one form of amendment to another form; or substitutes one form of motion for another form; or strikes out the word Resolved from a resolution; or strikes out or inserts words which would leave no rational proposition before the assembly; or is frivolous or absurd. An amendment of an amendment must be germane to -- that is, must relate to -- the subject of the amendment as well as the main motion. No independent new question can be introduced under cover of an amendment. But an amendment may be in conflict with the spirit of the original motion and still be germane, and therefore in order.
Illustrations : A resolution of censure may be amended by striking out the word "censure" and inserting the word "thanks," for both relate to opinion of certain conduct; refusing to censure is not the same as expressing thanks. A resolution to purchase some books could not be amended by striking out the words relating to books and inserting words relating to a building. Suppose a resolution pending directing the treasurer to purchase a desk for the secretary, and an amendment is offered to add the words, "and to pay the expenses of the delegates to the State Convention;" such an amendment is not germane to the resolution, as paying the expenses of the delegates is in no way related to purchasing a desk for the secretary, and is therefore out of order. But if an amendment were offered to insert the words "and a permanent record book" after the word "desk," it would be in order, because both are articles to enable the secretary to perform his duties. If a resolution were pending condemning certain things, it could be amended by adding other things that were similar or in some way related to them. Suppose a resolution commending A and B for heroism is pending; if the acts of heroism were not connected, amendments are in order adding other names for other acts of heroism; but if the commendation is for an act of heroism in which A and B were joined, then no names can be 70 added to the resolution unless the parties were connected with A and B in that act. Suppose the following resolution pending: " Resolved , That the Secretary be instructed to notify our representative in Congress that we do approve of his course in regard to the tariff." A motion to amend by inserting not after the word be would be out of order, because an affirmative vote on "not instructing" is identical in effect with a negative vote on "instructing." But the motion to insert the word not after do is in order, for an affirmative vote on disapproving of a certain course is not the same as a negative vote on a resolution of approval, as the latter may mean nothing but an unwillingness to express an opinion on the subject. If a resolution is pending and a member makes the motion, " I move to strike out the words 'pine benches' and insert the words 'oak chairs,'" it is an amendment of the first degree, and no other amendment of that degree is in order until this is acted upon. All the words in italics are necessary for this form of motion, and are not subject to amendment. The only amendments in order are those that change the words "pine benches" or "oak chairs" -- that is, first those to be struck out, and when they are perfected, then those to be inserted. Suppose the motion to " strike out 'pine'" is pending, and it is moved to amend by adding " and insert 'oak.'" This motion is out of order, as it changes one form of amendment to another form. It is not in order to move to strike out the word "adopt" in a motion and insert the word "reject," as "adopt" is a formal word necessary to show the kind of motion made. Practically, however, the same result may be attained by moving to postpone indefinitely -- that is, to reject, the main question. The chair should never rule an amendment out of order unless he is perfectly sure that it is so. If he is in doubt he should admit the amendment, or submit the question as to its being in order to the assembly as described in 21 .
Every original main motion may be amended. All others may be amended, except those contained in the following list of
Motions That Cannot Be Amended .
To adjourn (except when it is qualified, or when made in an assembly with no provision for a future
meeting) 17
Call for the orders of the day 20
Question of order, and appeal 21
To object to consideration of a question 23
71
Call for a division of the assembly 25
To grant leave to withdraw a motion 27
To grant leave to speak after indecorum 21
A request of any kind 27
To take up a question out of its proper order 22
To suspend the rules 22
To lay on the table 28
To take from the table 35
To reconsider 36
The previous question 29
To postpone indefinitely 34
To amend an amendment 33
To fill a blank 33
A nomination 66
A motion to adopt a resolution or a by-law may be amended by adding, "and that it be printed and that members be supplied with copies," or, "that they go into effect at the close of this annual meeting," or anything of a similar kind. Under each of the privileged, incidental, and subsidiary motions, it is stated whether or not the motion may be amended, and, when necessary, the way in which it may be amended is explained. An amendment to anything already adopted is not a subsidiary motion. The matter to be amended is not 72 pending and is therefore not affected by anything done with the amendment, provided it is not adopted. Such an amendment is a main motion subject to amendments of the first and second degrees. If the motion is to strike out an entire resolution that has been adopted, it is usually called to Rescind and is explained under that head [ 37 ]. If the motion is to amend a by-law, etc., it will be found under Amendments of Constitutions, By- laws, etc. [ 68 ]. Minutes are usually amended (corrected) informally, the chair directing the correction to be made when suggested. But if objection is made, a formal vote is necessary for the amendment. The minutes may be corrected whenever the error is noticed regardless of the time which has elapsed; but after their adoption, when too late to reconsider the vote, they require a two-thirds vote for their amendment, unless previous notice of the proposed amendment has been given, when only a majority vote is required for its adoption, the same as with the motion to rescind [ 37 ]. This is necessary for the protection of the records, which otherwise would be subject to the risk of being tampered with by temporary majorities. The numbers prefixed to paragraphs, articles, etc., are only marginal indications and should be corrected by the secretary, if necessary, without any motion to amend. For amending a long paper, such as a series of resolutions, or a set of by-laws, which should be considered and amended by paragraph, see 24 .
Filling Blanks .4 Propositions for filling blanks are treated somewhat differently from other amendments, in that any number of members may propose, without a second, different names or numbers for filling the blanks, no one proposing more than one name or number for each place, unless by general consent. These are treated not as amendments, one of another, but as independent propositions to be voted on successively. If the blank is to be filled with a name, the chair repeats the names as they are proposed so all may hear them, and finally takes a vote on each name, beginning with the first proposed, until one receives a majority vote. If the blank is to be filled with several names and no more names are suggested than required, the names may be inserted without a vote. If more names than required are suggested, a vote is taken on each, beginning with the first, until enough to fill the blank have received a majority vote. If the number of names is not specified, a vote is taken on each name suggested, and all that receive a majority vote are inserted.
If the blank is to be filled with a number or a date, then the largest sum, or the longest time, or the most distant date, is put first, unless it is evident to the chair that the reverse order is necessary to enable the first vote to be taken on the proposition that is least likely to be adopted. Suppose a committee is being instructed to purchase a building for a blank amount: the voting on filling the blank should begin with the largest sum proposed; if that is lost, all who voted for it, and some others, would favor the next largest sum, so that the vote would be greater, and so on down to the largest sum that is favored by a majority. If the voting began with the smallest sum, every one would be willing to pay that amount, and it might be adopted and thus cut off voting on the other propositions, whereas a majority would prefer authorizing the committee to spend a 73 larger amount. On the other hand, suppose the committee was being authorized to sell a building for a blank amount: here it is evident that there would be more in favor of the large sum than of the small one. So to get at the wish of the assembly the voting should begin with the smallest sum proposed; all who are willing to sell for that amount, and some additional ones, will be willing to sell for the next larger sum; and so the smallest sum for which the majority is willing to sell will be gradually reached.
It is sometimes convenient to create a blank, as in the following example: A resolution is pending requesting the proper authorities to prohibit the erection of wooden buildings north of A street, and an amendment to strike out A and insert B, and an amendment of the second degree to strike out B and insert C, have been made. The debate developing the fact that several other streets have their advocates, the best course is for the chair to state that, if there is no objection, the motion would be treated as having a blank for the name of the street, and that A, B, and C have been proposed for filling the blank. In this way other names could be suggested and they would be voted on successively beginning with the one that made the prohibited area the largest, and continuing down until one was reached that could get a majority in its favor. If objection is made to leaving a blank for the name, the chair may put the question without waiting for a motion, or any one may move, as an incidental motion, that a blank be created for the name of the street. This motion is undebatable, and cannot be amended, but it may be moved to fill the blank by ballot or in any other way.
The blanks in a resolution should be filled usually before voting on the resolution. But sometimes, when a large majority is opposed to the resolution, the previous question is ordered without waiting for the blanks to be filled, thus stopping debate and further amendment, and bringing the assembly at once to a vote on the resolution. Under such circumstances the resolution would usually be rejected. But should it be adopted, it would be necessary to fill the blanks in the skeleton resolution before any other than privileged business would be in order.
The method adopted in filling blanks has sometimes a great advantage over ordinary amendment. In amending, the last one proposed is the first one voted on, whereas in filling blanks the first one proposed, or nominated, is voted on first, except where, from the nature of the case, another order is preferable, and then that order is adopted as explained above.
Nominations are treated like filling blanks; any number may be pending at the same time, not as amendments of each other, but as independent propositions to be voted on in the order in which they were made until one receives a majority vote. [See 66 .]
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1. A substitute may be reported by a committee while amendments of the first and second degree are pending as shown in 54(4)(e) . In Congress it has been found best to allow a substitute and an amendment thereto while two amendments are pending. The House rule as to amendments is as follows: "When a motion or proposition is under consideration a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of substitute, to which one amendment may be offered, but which shall not be voted on until the original matter is perfected; but either may be withdrawn before amendment or decision is had thereon. Amendments to the title of a bill or resolution shall not be in order until after its passage, and shall be decided without debate." H. R. Rule 19.
2. "... No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment." H. R. Rule 16, §7.
3. "A motion to strike out and insert is indivisible, but a motion to strike out being lost shall neither preclude amendment nor motion to strike out and insert: ... H.R. Rule 16, §7.
4. While Congress has no rule on filling blanks except the common parliamentary law as laid down in Jefferson's Manual, it rarely makes use of this law, but avails itself of its rule which allows of four amendments pending at the same time, namely, amendments of the first and second degree, and a substitute and amendment to it.
34. To Postpone Indefinitely takes precedence of nothing except the main motion to which it is applied, and yields to all privileged [ 14 ], incidental [ 13 ], and other subsidiary [ 12 ] motions. It cannot be amended or have any other subsidiary motion applied to it except the previous question and motions limiting or extending the limits of debate. It is debatable and opens the main question to debate. It can be applied to nothing but main questions, which include questions of privilege and orders of the day after they are before the assembly for consideration. An affirmative vote on it may be reconsidered, but not a negative vote. If lost it cannot be renewed. It is simply a motion to reject the main question. If a main motion is referred to a committee while to postpone indefinitely is pending, the latter motion is ignored and does not go to the committee.
The Object of this motion is not to postpone, but to reject, the main motion without incurring the risk of a direct vote on it, and it is made only by the enemies of the main motion when they are in doubt as to their being in the majority.
The Effect of making this motion is to enable members who have exhausted their right of debate on the main question, to speak again, as technically, the question before the assembly is different, while, as far as the
75 subject of discussion is concerned, there is no difference caused by changing the question from adopting to rejecting the measure, because the merits of the main question are open to debate in either case. If adopted, its effect is to suppress the main motion for that session, unless the vote is reconsidered. As this motion does not suppress the debate on the main question, its only useful effect is to give the opponents of the pending measure a chance of killing the main motion without risking its adoption in case of failure. For, if they carry the indefinite postponement, the main question is suppressed for the session; if they fail, they still have a vote on the main question, and, having learned their strength by the vote taken, they can form an opinion of the advisability of continuing the struggle.
Art. VI. Some Main and Unclassified Motions. 35. To Take from the Table takes precedence of no pending question, but has the right of way in preference to main motions if made during the session in which it was laid on the table while no question is actually pending, and at a time when business of this class, or unfinished business, or new business, is in order; and also during the next session in societies having regular business meetings as frequently as quarterly. It yields to privileged and incidental motions, but not to subsidiary ones. It is undebatable, and no subsidiary motion can be applied to it. It is not in order unless some business has been transacted since the question was laid on the table, nor can it be renewed until some business has been transacted since it was lost The motion to take from the table cannot be reconsidered, as it can be renewed repeatedly if lost, and, if carried, the question can be again laid on the table after progress in debate or business.
In ordinary deliberative assemblies, a question is supposed to be laid on the table only temporarily with the expectation of its consideration being resumed after the disposal of the interrupting question, or at a more convenient season. 1 As soon as the question that was introduced when the first question was laid on the table, is disposed of, any one may move to take this first question from the table. When he rises to make the motion, if the chair recognizes some one else as having first risen, he should at once say that he rises to move to take a question from the table. The chair then assigns him the floor if the other member has risen to make a main motion. If the new main motion has been stated by the chair before he claims the floor, he must wait until that question is disposed of before his motion will be in order. When taken up, the question with everything adhering to it is before the assembly exactly as when it was laid on the table. Thus, if a resolution has amendments and a motion to commit pending at the time it was laid on the table, when it is taken from the table the question is first on the motion to commit. If a motion to postpone to a certain time is pending when the question is laid on the table, and it is taken from the table after that time, then the motion to postpone is ignored when the question is taken up. If the question is taken up on the day it was laid on the table, members who have exhausted their right of debate cannot again speak on the question. But if taken up on another day, 76 no notice is taken of speeches previously made. The previous question is not exhausted if the question upon which it was ordered is taken from the table at the same session, even though it is on another day.
1. See foot note of 28 . For the Congressional practice. As stated there, Congress has abandoned the ordinary parliamentary use of the motion to lay on the table and has converted it into a motion to enable the majority to kill a measure instantly. Therefore Congressional practice in regard to laying on, or taking from, the table is of no authority in assemblies using these motions in the common parliamentary law sense.
36. Reconsider .1 This motion is peculiar in that the making of the motion has a higher rank than its consideration, and for a certain time prevents anything being done as the result of the vote it is proposed to reconsider. It can be made only on the day the vote to be reconsidered was taken, or on the next succeeding day, a legal holiday or a recess not being counted as a day. It must be made by one who voted with the prevailing side. Any member may second it. It can be made while any other question is pending, even if another member has the floor, or after it has been voted to adjourn, provided the chair has not declared the assembly adjourned. It may be made after the previous question has been ordered, in which case it and the motion to be reconsidered are undebatable.
While the making of the motion to reconsider has such high privilege, its consideration has only the rank of the motion to be reconsidered, though it has the right of way in preference to any new motion of equal rank, as illustrated further on; and the reconsideration of a vote disposing of a main question either temporarily or permanently may be called up, when no question is pending, even though the general orders are being carried out. The motion to reconsider cannot be amended, postponed indefinitely, or committed. If the reconsideration is laid on the table or postponed definitely, the question to be reconsidered and all adhering questions go with it. 2 The previous question and the motions limiting or extending the limits of debate may be applied to it when it is debatable. It is undebatable only when the motion to be reconsidered is undebatable. When debatable it opens to debate the merits of the question to be reconsidered. It cannot be withdrawn after it is too late to renew the motion. If the motion to reconsider is lost it cannot be repeated except by general consent. No question can be twice reconsidered unless it was materially amended after its first reconsideration. A reconsideration requires only a majority vote, regardless of the vote necessary to adopt the motion reconsidered.
The motion to reconsider cannot be applied to a vote on a motion that may be renewed within a reasonable time; or when practically the same result may be attained by some other parliamentary motion; or when the vote has been partially executed (except in case of the motion to limit debate), or something has been done as
77 the result of the vote that the assembly cannot undo; or to an affirmative vote in the nature of a contract, when the other party to the contract has been notified of the vote; or to a vote on the motion to reconsider. In accordance with these principles, votes on the following motions cannot be reconsidered : Adjourn; Take a Recess; Lay on the Table; Take from the Table; Suspend the Rules or Order of Business; and Reconsider. Affirmative votes on the following cannot be reconsidered: Proceed to the Orders of the Day; Adopt, or after they are adopted, to Amend, or Repeal, or Rescind, the Constitution, By-laws, or Rules of Order or any other rules that require previous notice for their amendment; Elect to membership or office if the member or officer is present and does not decline, or if absent and has learned of his election in the usual way and has not declined; to Reopen Nominations. A negative vote on the motion to Postpone Indefinitely cannot be reconsidered as practically the same question comes up again when the vote is taken on the main question. After a committee has taken up the matter referred to it, it is too late to reconsider the vote committing it, though the committee may be discharged. But after debate has proceeded under an order limiting or extending the limits of debate, the vote making that order may be reconsidered, as the debate may develop facts that make it desirable to return to the regular rules of debate. The minutes, or record of proceedings, may be corrected at any time without reconsidering the vote approving them.
If the main question is pending and it is moved to reconsider the vote on any subsidiary, incidental, or privileged motion, the chair states the question on the reconsideration the moment the motion to be reconsidered is in order if it were made then for the first time. Thus, if, while the motions to commit, for the previous question, and to lay on the table are pending, it is moved to reconsider a negative vote on postponing to a certain time, the chair proceeds to take the vote on laying on the table and, if that is lost, next on the previous question, and then on reconsidering the vote on the postponement, and if that is adopted, then on the postponement, and if that is lost, then on to commit. If the motion to lay on the table had been carried, then when the question was taken from the table the same method of procedure would be followed; that is, the question would be first on ordering the previous question, and next on reconsidering the vote on the postponement, etc. If the reconsideration of an amendment of the first degree is moved while another amendment of the same degree is pending, the pending amendment is first disposed of and then the chair announces the question on the reconsideration of the amendment. If the reconsideration of an amendment to an immediately pending question is moved the chair at once announces the question on the reconsideration.
If the reconsideration is moved while another subject is before the assembly, it cannot interrupt the pending business, but, as soon as that has been disposed of, if called up it has the preference over all other main motions and general orders. In such a case the chair does not state the question on the reconsideration until it is called up. 78
If the motion to reconsider is made at a time when the reconsideration could be called up if it had been previously made, the chair at once states the question on the reconsideration, unless the mover adds to his motion the words, "and have it entered on the minutes," as explained further on.
If, after the vote has been taken on the adoption of a main motion, it is desired to consider the vote on an amendment, it is necessary to reconsider the vote on the main question also, and one motion should be made to cover both votes. The same principle applies in case of an amendment to an amendment, whether the vote has been taken on the resolution, or only on the amendment of the first degree. When the motion covers the reconsideration of two or three votes, the debate is limited to the question that was first voted on. Thus, if the motion is to reconsider the votes on a resolution and amendments of the first and second degree, the debate is limited to the amendment of the second degree. If the motion to reconsider is adopted the chair states the question on the amendment of the second degree and recognizes the mover of the reconsideration as entitled to the floor. The question is now in exactly the same condition it was in just previous to taking the original vote on that amendment.
The Forms of making this motion are as follows: "I move to reconsider the vote on the resolution relating to a banquet." "I move to reconsider the vote on the amendment to strike out 'Wednesday' and insert 'Thursday.'" [This form is used when the resolution is still pending.] "I move to reconsider the votes on the resolution relating to a banquet and on the amendment to strike out 'Wednesday' and insert 'Thursday'" [This form is used when the vote has been taken on the resolution, and it is desired to reconsider the vote on an amendment.] When the motion to reconsider is made the chair states the question, if it can then be considered, and proceeds as with any other question. If it cannot be considered at that time, he says, "Mr. A moves to reconsider the vote on.... The secretary will make a note of it," and proceeds with the pending business. The reconsideration, after being moved, is brought before the assembly for action as explained in the previous paragraph. If it is called up by a member, he simply says, after obtaining the floor, "I call up the motion to reconsider the vote on ..." This call requires no second or vote. If the call is in order, as previously explained, the chair says, "The motion to reconsider the vote [or votes] on ... is called up. The question is, 'Will the assembly reconsider the vote [or votes] on ...? Are you ready for the question?'" If the reconsideration is one that the chair states the question on as soon as it can be considered (as when it is moved to reconsider an amendment while another amendment is pending), as soon as the proper time arrives the chair states the question on the reconsideration the same as if the motion to reconsider were made at this time.
When the debate, if there is any, is finished, he puts the question thus: "As many as are in favor of reconsidering the vote on the resolution relating to a banquet, say aye ; those opposed say no . The ayes have it 79 and the vote on the resolution is reconsidered. The question is now on the resolution, which is," etc. Or, the question may be put thus: "The question is, Will the assembly reconsider the votes on the resolution relating to a banquet, and on the amendment to strike out 'Wednesday' and insert 'Thursday?' As many as are in favor of the reconsideration say aye ; those opposed say no . The ayes have it and the votes on the resolution and the amendment are reconsidered. The question is now on the amendment, which is," etc. If the motion to reconsider is adopted the business is in exactly the same condition it was in before taking the vote, or the votes, that have been reconsidered, and the chair instantly states the question on the immediately pending question, which is then open to debate and amendment as before.
The Effect of Making this motion is to suspend all action that the original motion would have required until the reconsideration is acted upon; but if it is not called up, this effect terminates with the session 3 [63 ], except in an assembly having regular meetings as often as quarterly, when, if not called up, its effect does not terminate till the close of the next regular session. As long as its effect lasts, any one at an adjourned, or a special, or a regular meeting, may call up the motion to reconsider and have it acted upon, though it is not usual for any one but the mover to call it up on the day it is made if the session lasts beyond that day and there is no need of prompt action.
The Effect of the Adoption of this motion is to place before the assembly the original question in the exact position it occupied before it was voted upon; consequently no one, after the reconsideration is adopted, can debate the question reconsidered who had on that day exhausted his right of debate on that question; his only recourse is to discuss the question while the motion to reconsider is before the assembly. If the question is not reconsidered until a later day than that on which the vote to be reconsidered was taken, then it is open to free debate regardless of speeches made previously. When a vote taken under the operation of the previous question is reconsidered, the question is then divested of the previous question, and is open to debate and amendment, provided the previous question had been exhausted by votes taken on all the questions covered by it, before the motion to reconsider was made.
In standing and special committees a vote may be reconsidered regardless of the time elapsed since the vote was taken, provided the motion is made by one who did not vote with the losing side, and that all members who voted with the prevailing side are present, or have received due notice that the reconsideration would be moved at this meeting. A vote cannot be reconsidered in committee of the whole.
Reconsider and Have Entered on the Minutes .4 The motion to reconsider, as previously explained in this section, provides means for correcting, at least on the day on which it occurred, errors due to hasty action. By
80 using the same motion and having it entered on the minutes so that it cannot be called up until another day, a means is provided for preventing a temporary majority from taking action that is opposed by the majority of the society. This is needed in large societies with frequent meetings and small quorums, the attendance in many cases not exceeding ten per cent of the membership. It enables a society with a small quorum to protect itself from injudicious action by temporary majorities, without requiring previous notice of main motions and amendments as is done in the English Parliament. To accomplish this, however, it is necessary to allow this form of the motion to be applied to a vote finally disposing of a main motion, regardless of the fact that the motion to reconsider has already been made. Otherwise it would be useless, as it would generally be forestalled by the motion to reconsider, in its simple form, which would be voted down, and then this motion could not be made. As this form of the motion is designed only to be used when the meeting is an unrepresentative one, this fact should be very apparent, and some members of the temporary minority should vote with the temporary majority on adopting or postponing indefinitely a main motion of importance, when they think the action is in opposition to the wishes of the great majority of the society. One of them should then move "to reconsider the vote on the resolution [or motion] and have it [or, request that it be] entered on the minutes," which has the effect of suspending all action required by the vote it is proposed to reconsider, as previously explained, and thus gives time to notify absent members of the proposed action. If no member of the temporary minority voted with the majority, and it is too late for any one to change his vote so as to move to reconsider, then some one should give notice of a motion to rescind the objectionable vote at the next meeting, which may be done by a majority vote after this notice has been given.
Should a minority make an improper use of this form of the motion to reconsider by applying it to a vote which required action before the next regular business meeting, the remedy is at once to vote that when the assembly adjourns it adjourns to meet on another day, appointing a suitable day, when the reconsideration could be called up and disposed of. The mere making of this motion would probably cause the withdrawal of the motion to reconsider, as it would defeat the object of that motion if the majority of the society is in favor of the motion to be reconsidered. If the motion to reconsider is withdrawn, of course the other would be.
This form of the motion to reconsider and have entered on the minutes differs from the simple form to reconsider in the following respects:
(1) It can be made only on the day the vote to be reconsidered is taken. If a meeting is held on the next day the simple form of the motion to reconsider, made then, accomplishes the object of this motion by bringing the question before the assembly on a different day from the one when the vote was taken.
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(2) It outranks the simple form of the motion to reconsider, and may be made even after the vote has been taken on the motion to reconsider, provided the result of the vote has not been announced. If made after the simple form of the motion to reconsider, it supersedes the latter, which is thereafter ignored.
(3) It can be applied only to votes which finally dispose of the main question. They are as follows: an affirmative or negative vote on adapting, and an affirmative vote on postponing indefinitely, a main question. And it may be applied to a negative vote on the consideration of a question that has been objected to, provided the session extends beyond that day.
(4) In an assembly not having regular business meetings as often as quarterly, it cannot be moved at the last business meeting of a session.
(5) It cannot be called up on the day it is made, except when it is moved on the last day of a session of an assembly not having regular business sessions as often as quarterly, when any one can call it up at the last business meeting of the session.
After it is called up there is no difference in the treatment of the two forms of the motion.
1. H.R. Rule 18. §l, is as follows: "1. When a motion has been made and carried, or lost, it shall be in order for any member of the majority, on the same or succeeding day, to move for the reconsideration thereof, and such motion shall take precedence of all other questions except the consideration of a conference report or a motion to adjourn, and shall not be withdrawn after the said succeeding day without the consent of the House, and thereafter any member may call it up for consideration: Provided, that such motion, if made during the last six days of a session, shall be disposed of when made." This rule is construed to mean that the motion to reconsider may be made by any member who voted on the question, except when the yeas and nays were ordered to be recorded in the journal, which is done, however, with every important vote.
2. In Congress it is usual for the member in charge of an important bill as soon as it is passed to move its reconsideration, and at the same time to move that the reconsideration be laid on the table. If the latter motion is adopted the reconsideration is dead and the bill is in the same condition as if the reconsideration bad been voted on and lost. These Rules, like the common parliamentary law, carry the bill to the table, from which it could be taken at any time. [See note, 35 .] Unless there is a special rule allowing it, the two motions could not be made at the same time in an ordinary society.
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3. In Congress the effect always terminates with the session, and it cannot be called up by any one but the mover, until the expiration of the time during which it will be in order to move a reconsideration.
4. In Congress, where the quorum is a majority of the members elected, and the members are paid for their services, there is no need for this form of the motion. On the contrary, it has been found necessary to provide means by which the majority may, when it pleases, prevent the making of the motion to reconsider by any one except the member in charge of the measure.
37. Rescind, Repeal, or Annul . Any vote taken by an assembly, except those mentioned further on, may be rescinded by a majority vote, provided notice of the motion has been given at the previous meeting or in the call for this meeting; or it may be rescinded without notice by a two-thirds vote, or by a vote of a majority of the entire membership. The notice may be given when another question is pending, but cannot interrupt a member while speaking. To rescind is identical with the motion to amend something previously adopted, by striking out the entire by-law, rule, resolution, section, or paragraph, and is subject to all the limitations as to notice and vote that may be placed by the rules on similar amendments. It is a main motion without any privilege, and therefore can be introduced only when there is nothing else before the assembly. It cannot be made if the question can be reached by calling up the motion to reconsider which has been previously made. It may be made by any member; it is debatable, and yields to all privileged and incidental motions; and all of the subsidiary motions may be applied to it. The motion to rescind can be applied to votes on all main motions, including questions of privilege and orders of the day that have been acted upon, and to votes on an appeal, with the following exceptions : votes cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo; or where it is in the nature of a contract and the other party is informed of the fact; or, where a resignation has been acted upon, or one has been elected to, or expelled from, membership or office, and was present or has been officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to membership or office, which requires the same preliminary steps and vote as is required for an election.
Where it is desired not only to rescind the action, but to express very strong disapproval, legislative bodies have, on rare occasions, voted to rescind the objectionable resolution and expunge it from the record, which is done by crossing out the words, or drawing a line around them, and writing across them the words, "Expunged by order of the assembly," etc., giving the date of the order. This statement should be signed by the secretary. The words expunged must not be so blotted as not to be readable, as otherwise it would be impossible to determine whether more was expunged than ordered. Any vote less than a majority of the total membership of an organization is certainly incompetent to expunge from the records a correct statement of what was done 83 and recorded and the record of which was officially approved, even though a quorum is present and the vote to expunge is unanimous.
38. Renewal of a Motion . When an original main motion or an amendment has been adopted, or rejected, or a main motion has been postponed indefinitely, or an objection to its consideration has been sustained, it, or practically the same motion, cannot be again brought before the assembly at the same session, except by a motion to reconsider or to rescind the vote. But it may be introduced again at any future session.
In assemblies having regular sessions as often at least as quarterly, a main motion cannot be renewed until after the close of the next regular session, if it was postponed to that next session; or laid on the table; or adopted, or rejected, or postponed indefinitely, and the motion to reconsider was made and not acted on at the previous session. In these cases the question can be reached at the next session at the time to which it was postponed, or by taking it from the table, or by reconsidering the vote.
In assemblies whose regular sessions are not as frequent as quarterly, any motion which has not been committed or postponed to the next session may be renewed at that next session. The motions to adjourn, to take a recess, and to lay on the table, may be made again and again, provided there has been progress in debate or business, but the making of, or voting on, these motions is not business that justifies the renewal of a motion. Neither a motion to postpone indefinitely nor an amendment can be renewed at the same session, but the other subsidiary motions may be renewed whenever the progress in debate or business is such as to make the question before the assembly practically a different one. To take from the table and a call for the orders of the day may be renewed after the business is disposed of that was taken up when the motion to take from the table, or for the orders of the day, was lost. To postpone indefinitely cannot be renewed even though the main motion has been amended since the indefinite postponement was previously moved. A point of order cannot be raised if an identical one has been raised previously without success during the same session. And after the chair has been sustained in a ruling he need not entertain an appeal from a similar decision during the same session. Minutes may be corrected regardless of the time elapsed and of the fact that the correction had been previously proposed and lost.
When a subject which has been referred to a committee is reported back at the same meeting, or a subject that has been laid on the table is taken up at the same meeting, it is not a renewal.
The following motions, unless they have been withdrawn, cannot be renewed at the same session: to adopt or postpone indefinitely an original main motion; to amend; to reconsider, unless the question to be reconsidered was amended materially when previously reconsidered; to object to the consideration of a 84 question; to fix the same time to which to adjourn; to suspend the rules for the same purpose at the same meeting, though it may be renewed at another meeting held the same day.
It is the duty of the chair to prevent the privilege of renewal from being used to obstruct business, and when it is evident that it is being so misused he should protect the assembly by refusing to recognize the motions, as explained under Dilatory Motions.
39. Ratify . This is a main motion and is used when it is desired to confirm or make valid some action which requires the approval of the assembly to make it valid. The assembly may ratify only such actions of its officers or committees, or delegates, as it had the right to authorize in advance. It cannot make valid a viva voce election when the by-laws require it to be by ballot, nor can it ratify anything done in violation of the laws of the state, or of its own constitution or by-laws, except that it may ratify emergency action taken at a meeting when no quorum was present, even though the quorum is provided for in a by-law. A motion to ratify may be amended by substituting a motion of censure, and vice versa, when the action has been taken by an officer or other representative of the assembly. It is debatable and opens the entire question to debate.
40. Dilatory, Absurd, or Frivolous Motions . For the convenience of deliberative assemblies, it is necessary to allow some highly privileged motions to be renewed again and again after progress in debate or the transaction of any business, and to allow a single member, by calling for a division, to have another vote taken. If there was no provision for protecting the assembly, a minority of two members could be constantly raising questions of order and appealing from every decision of the chair, and calling for a division on every vote, even when it was nearly unanimous, and moving to lay motions on the table, and to adjourn, and offering amendments that are simply frivolous or absurd. By taking advantage of parliamentary forms and methods a small minority could practically stop the business of a deliberative assembly having short sessions, if there was no provision for such contingency. Congress met it by adopting this rule: "No dilatory motion shall be entertained by the speaker." But, without adopting any rule on the subject, every deliberative assembly has the inherent right to protect itself from being imposed upon by members using parliamentary forms to prevent it from doing the very thing for which it is in session, and which these forms were designed to assist, namely, to transact business. Therefore, whenever the chair is satisfied that members are using parliamentary forms merely to obstruct business, he should either not recognize them, or else rule them out of order. After the chair has been sustained upon an appeal, he should not entertain another appeal from the same obstructionists while they are engaged evidently in trying by that means to obstruct business. While the chair should always be courteous and fair, he should be firm in protecting the assembly from imposition, even
85 though it be done in strict conformity with all parliamentary rules except this one, that no dilatory, absurd, or frivolous motions are allowed.
As an illustration of a frivolous or absurd motion, suppose Mr. A is to be in the city next week and a motion has been made to invite him to address the assembly at its next meeting, the meetings being weekly. Now, if a motion is made to refer the question to a committee with instructions to report at the next regular meeting, the chair should rule it out of order as frivolous or absurd.
41. Call of the House. (This cannot be used in ordinary assemblies, as they have not the power to compel the attendance of members.)
The object of a call of the house is to compel the attendance of absent members, and is allowable only in assemblies that have the power to compel the attendance of absentees. It is usual to provide in such assemblies that when no quorum is present, a specified small number can order a call of the house. In Congress a call of the house may be ordered by a majority vote, provided one-fifth of the members elect are present. A rule like the following would answer for city councils and other similar bodies that have the power to enforce attendance.
Rule. When no quorum is present, if one-fifth of the members elect are present, they may by a majority vote order a call of the house and compel the attendance of absent members. After the call is ordered, a motion to adjourn, or to dispense with further proceedings in the call, cannot be entertained until a quorum is present, or until the sergeant-at-arms2 reports that in his opinion no quorum can be obtained on that day.
If no quorum is present, a call of the house takes precedence of everything, even reading the minutes, except the motion to adjourn, and only requires in its favor the number specified in the rule. If a quorum is present a call should rank with questions of privilege, requiring a majority vote for its adoption, and if rejected it should not be renewed while a quorum is present at that meeting. After a call is ordered, until further proceedings in the call are dispensed with, no motion is in order except to adjourn and a motion relating to the call, so that a recess could not be taken by unanimous consent. An adjournment puts an end to all proceedings in the call, except that the assembly before adjournment, if a quorum is present, can order such members as are already arrested to make their excuse at an adjourned meeting.
Proceedings in a Call of the House. When the call is ordered the clerk calls the roll of members alphabetically, noting the absentees; he then calls over again the names of absentees, when excuses3 can be made; after this the doors are locked, no one being permitted to leave, and an order similar in form to the following is adopted:
86 "Ordered , That the sergeant-at-arms take into custody, and bring to the bar of the House, such of its members as are absent without the leave of the House." A warrant signed by the presiding officer and attested by the clerk, with a list of absentees attached, is then given to the sergeant-at-arms, who immediately proceeds to arrest the absentees. When he appears with members under arrest, he proceeds to the chairman's desk (being announced by the doorkeeper in large bodies), followed by the arrested members, and makes his return. The chairman arraigns each member separately, and asks what excuse he has to offer for being absent from the sittings of the assembly without its leave. The member states his excuse, and a motion is made that he be discharged from custody and admitted to his seat either without payment of fees or after paying his fees. Until a member has paid the fees assessed against him he cannot vote or be recognized by the chair for any purpose.
1. In the early history of our Congress a call of the house required a day's notice and in the English parliament it is usual to order that the call shall be made on a certain day in the future, usually not over ten days afterwards, though it has been as long as six weeks afterwards. The object of this is to give notice so that all the members may be present on that day, when important business is to come before the house. In Congress a call of the house is only used now when no quorum is present, and as soon as a quorum appears it is usual to dispense with further proceedings in the call, and this is in order at any stage of the proceedings. In Congress it is customary afterwards to remit the fees that have been assessed. In some of our legislative bodies proceedings the call cannot be dispensed with except a majority of the members elect to vote in favor of so doing.
2. The term sergeant-at-arms should be replaced by "chief of police," or the title of whatever officer serves the warrant.
3. It is usual in Congress to excuse those who have "paired off," that is, two members on opposite sides of the pending question who have agreed that while one is absent the other will not vote on the question. Pairing should not be allowed on questions requiring a two-thirds vote.
Art. VII. Debate.
42 . Debate 43 . Decorum in Debate 44 . Closing and Preventing Debate 45 . Principles of Debate and Undebatable Motions
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42. Debate . In 1-6 are explained the necessary steps preliminary to debate namely, that when no business is pending a member shall rise and address the chair by his title, and be recognized by the chair as having obtained the floor; and that the member shall then make a motion which, after being seconded, shall be stated by the chair, who shall then ask, "Are you ready for the question?" The question is then open to debate, as is partially explained in 7, which should be read in connection with this section. No member shall speak more than twice during the same day to the same question (only once on an appeal), nor longer than ten minutes at one time, without leave of the assembly; and the question upon granting the leave shall be decided by a two-thirds vote without debate. 1 No member can speak a second time to a question as long as any member desires to speak who has not spoken to the question. If greater freedom is desired, the proper course is to go into committee of the whole, or to consider it informally, either of which requires only a majority vote; or to extend the limits of debate, which requires a two-thirds vote. So the debate, by a two-thirds vote, may be limited to any extent desired, as shown in 30 . The member upon whose motion the subject was brought before the assembly, is entitled to close the debate with a speech, if he has not previously exhausted his twenty minutes, but not until every one else wishing to speak has spoken. He cannot, however, avail himself of this privilege after debate has been closed. 2 An amendment, or any other motion, being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. When an amendment is pending the debate must be confined to the merits of the amendment, unless it is of such a nature that its decision practically decides the main question. Merely asking a question, or making a suggestion, is not considered as speaking. The maker of a motion, though he can vote against it, cannot speak against his own motion. [To close the debate see 44 .]
The right of members to debate and, make motions cannot be cut off by the chair's putting a question to vote with such rapidity as to prevent the members getting the floor after the chair has inquired if the assembly is ready for the question. Even after the chair has announced the vote, if it is found that a member arose and addressed the chair with reasonable promptness after the chair asked, "Are you ready for the question?" he is then entitled to the floor, and the question is in exactly the same condition it was before it was put to vote. But if the chair gives ample opportunity for members to claim the floor before putting the question and they do not avail themselves of it, they cannot claim the right of debate after the voting has commenced.
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1. The limit of time should vary to suit circumstances, but the limit of two speeches of ten minutes each will usually answer in ordinary assemblies and, when desirable, by a two-thirds vote it can be increased or diminished as shown in 30 . In the U. S. House of Representatives no member can speak more than once to the 88 same question, nor longer than one hour. In the Senate there is no limit to the length of a speech and no senator can speak more than twice on the same day to the same question without leave of the Senate, which question is undebatable.
2. Formerly the member who reported a proposition from a committee was permitted to close the debate in the House after the previous question was ordered, provided he had not used all of his hour previously.
43. Decorum in Debate. In debate a member must confine himself to the question before the assembly, and avoid personalities. He cannot reflect upon any act of the assembly, unless he intends to conclude his remarks with a motion to rescind such action, or else while debating such a motion. In referring to another member, he should, as much as possible, avoid using his name, rather referring to him as "the member who spoke last," or in some other way describing him. The officers of the assembly should always be referred to by their official titles. It is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms. It is not the man, but the measure, that is the subject of debate.
If one desires to ask a question of the member speaking, he should rise, and without waiting to be recognized, say, "Mr. Chairman, I should like to ask the gentleman a question." The chair then asks the speaker if he is willing to be interrupted, or the speaker may at once consent or decline, addressing, however, the chair, through whom the conversation must be carried on, as members cannot directly address one another in a deliberative assembly. If the speaker consents to the question, the time consumed by the interruption comes out of the time of the speaker.
If at any time the chairman rises to state a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the chairman has been heard first. When called to order by the chair the member must sit down until the question of order is decided. If his remarks are decided to be improper, he cannot proceed, if any one objects, without the leave of the assembly expressed by a vote, upon which question no debate is allowed.
Disorderly words should be taken down by the member who objects to them, or by the secretary, and then read to the member. If he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case. If the disorderly words are of a personal nature, after each party has been heard, and before the assembly proceeds to deliberate upon the case, both parties to the personality should retire, it being a general rule that no member should be present in the assembly when any matter relating to 89 himself is under debate. It is not, however, necessary for the member objecting to the words to retire unless he is personally involved in the case. Disorderly words to the presiding officer, or in respect to the official acts of an officer, do not involve the officer so as to require him to retire. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.
During debate, and while the chairman is speaking, or the assembly is engaged in voting, no member is permitted to disturb the assembly by whispering, or walking across the floor, or in any other way.
44. Closing Debate and Preventing Debate . When the debate appears to the chairman to be finished, he should inquire, "Are you ready for the question?" If, after a reasonable pause, no one rises to claim the floor, the chair assumes that no member wishes to speak and, standing, proceeds to put the question. Debate is not closed by the chairman's rising and putting the question, as until both the affirmative and the negative are put, a member can rise and claim the floor, and reopen the debate or make a motion, provided he rises with reasonable promptness after the chair asks, "Are you ready for the question?" If the debate is resumed the question must be put again, both the affirmative and the negative. Should this privilege be abused by members not responding to the inquiry, "Are you ready for the question?" and intentionally waiting until the affirmative vote has been taken and then rising and reopening the debate, the chair should act as in case of dilatory motions, or any other attempt to obstruct business, and protect the assembly from annoyance. When a vote is taken a second time, as when a division is called for, debate cannot be resumed except by general consent.
If two-thirds of the assembly wish to close the debate without allowing all the time desired by others, they can do so by ordering either the previous question or the closing of the debate at a certain time; or they can limit the length of the speeches and allow each member to speak only once on each question, as fully explained in 29 and 30 . These motions require a two-thirds 1 vote, as they suspend the fundamental right of every member of a deliberative assembly to have every question fully discussed before it is finally disposed of. A majority vote may lay the question on the table and thus temporarily suspend the debate, but it can be resumed by taking the question from the table by a majority vote when no question is before the assembly, at a time when business of this class, or unfinished business, or new business, is in order. If it is desired to prevent any discussion of a subject, even by its introducer, the only way to do it is to object to the consideration of the question before it is debated, or any subsidiary motion is stated. If the objection is sustained by a two-thirds vote, the question is thrown out for that session.
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1. In the Senate not even two-thirds of the members can force a measure to its passage without allowing debate, the Senate rules not recognizing the above motions. In the House, where each speaker can occupy the floor one hour, any of these motions to cut off debate can be adopted by a mere majority, but practically they are not used until after some debate. Rule 27, §3, H.R., expressly provides that forty minutes twenty on each side, shall be allowed for debate whenever the previous question is ordered on a proposition on which there has been no debate, or when the rules are suspended. [See note to 22 .] In ordinary societies harmony is so essential that a two-thirds vote should be required to force the assembly to a final vote without allowing free debate.
45. Principles of Debate and Undebatable Motions . All main motions are debatable, and debate is allowed or prohibited on other motions in accordance with the following principles:
(a) High privilege is, as a rule, incompatible with the right of debate of the privileged motion: and, therefore, all highly privileged motions are undebatable, except those relating to the privileges of the assembly or a member. Questions of privilege rarely arise, but when they do, they are likely to be so important that they must be allowed to interrupt business, and yet they cannot generally be acted upon intelligently without debate. and, therefore, they are debatable. The same is true of appeals from the decision of the chair which are debatable, unless they relate to indecorum, or to transgression of the rules of speaking, or to priority of business, or are made while an undebatable question is pending; in which cases there is not sufficient need of debate to justify making them an exception to the rule, and therefore an appeal under any of these circumstances is undebatable.
(b) Motions that have the effect of suspending a rule are not debatable . Consequently motions to suppress, or to limit, or to extend the limits of, debate are undebatable, as they suspend the ordinary rules of debate.
(c) Appeals made after the previous question has been ordered are undebatable, as it would be manifestly improper to permit debate on them when the assembly by a two-thirds vote has closed debate on the pending question. So any order limiting debate on the pending question applies to questions arising while the order is in force.
(d) To Amend, or to Reconsider, an undebatable question is undebatable, whereas to amend, or to reconsider, a debatable question is debatable.
(e) A Subsidiary Motion is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure. Illustrations : To "Postpone Indefinitely" a question places it out of the
91 power of the assembly to again take it up during that session, except by reconsideration, and consequently this motion allows of free debate, even involving the whole merits of the original question. To "Commit" a question only delays the discussion until the committee reports, when it is open to free debate, so it is only debatable as to the propriety of the commitment and as to the instructions, etc. To "Postpone to a Certain Time" prevents the consideration of the question till the specified time, except by a reconsideration or suspension of the rules, and therefore allows of limited debate upon the propriety of the postponement. To "Lay on the Table" leaves the question so that the assembly can consider it at any time that that question or that class of business is in order, and therefore to lay on the table should not be, and is not, debatable.
Because a motion is undebatable it does not follow that while it is pending the chair may not permit a question or an explanation. The distinction between debate and asking questions or making brief suggestions, should be kept clearly in mind, and when the latter will aid the assembly in transacting business, the chair should permit it before taking the vote on an undebatable question. He should, however, remain standing during the colloquy to show that he has the floor, and he should not allow any more delay in putting the question than he feels is helpful to the business.
The following lists of motions that open the main question to debate, and of those that are undebatable, are made in accordance with the above principles:
Motions That Open the Main Question to Debate.
Postpone Indefinitely 34
Reconsider a Debatable Question 36
Rescind 37
Ratify 39
Undebatable Motions.
Fix the Time to which to Adjourn (when a privileged question) 16
Adjourn (when unqualified in an assembly that has provided for future meetings) 17
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Take a Recess (when privileged) 18
Call for the Orders of the Day , and questions relating to priority of business 20
Appeal when made while an undebatable question is pending, or when simply relating to
indecorum, or transgression of the rules of speaking, or to priority of business 22
Suspension of the Rules 22
Objection to the Consideration of a Question 23
Incidental Motions , except an Appeal as shown above in this list under Appeal 13
Lay on the Table 28
Previous Question and Motions to Close, Limit, or Extend the Limits of Debate 30
Amend an Undebatable Motion 33
Reconsider an Undebatable Motion 36
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Art. VIII. Vote. 46 . Voting 47 . Votes that are Null and Void even if Unanimous 48 . Motions requiring more than a majority
46. Voting . If the question is undebatable, or debate has been closed by order of the assembly, the chair, immediately after stating the question, puts it to vote as described under Putting the Question [ 9], only allowing time for members to rise if they wish to make a motion of higher rank.
If the question is debatable and no one rises to claim the floor, after the question is stated by the chair, he should inquire, "Are you ready for the question?" After a moment's pause, if no one rises, he should put the question to vote. If the question is debated or motions are made, the chair should wait until the debate has apparently ceased, when he should again inquire, "Are you ready for the question?" Having given ample time for any one to rise and claim the floor, and no one having done so, he should put the question to vote and announce the result.
The usual method of taking a vote is viva voce (by the voice). The rules require this method to be used in Congress. In small assemblies the vote is often taken by "show of hands," or by "raising the right hand" as it is also called. The other methods of voting are by rising; by ballot; by roll call, or "yeas and nays," as it is also called; by general consent; and by mail. In voting by any of the first three methods, the affirmative answer aye , or raise the right hand, or rise, as the case may be: then the negative answer no , or raise the right hand, or rise.
The responsibility of announcing, or declaring, the vote rests upon the chair, and he, therefore, has the right to have the vote taken again, by rising, if he is in doubt as to the result, and even to have the vote counted, if necessary. He cannot have the vote taken by ballot or by yeas and nays (roll call) unless it is required by the rules or by a vote of the assembly. But if the viva voce vote does not make him positive as to the result he may at once say, "Those in favor of the motion will rise;" and when they are seated he will continue, "Those opposed will rise." If this does not enable him to determine the vote, he should say, "Those in favor of the motion [or, Those in the affirmative] will rise and stand until counted." He then counts those standing, or directs the secretary to do so, and then says, "Be seated. Those opposed [or, Those in the negative] rise and stand until counted." After both sides are counted the chair announces the result as shown below. In a very large assembly the chair may find it necessary to appoint tellers to count the vote and report to him the numbers. In small assemblies a show of hands may be substituted for a rising vote.
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When the vote is taken by voice or show of hands any member has a right to require a division of the assembly by having the affirmative rise and then the negative, so that all may see how members vote. Either before or after a decision any member may call for, or demand, a count, and, if seconded, the chair must put the question on ordering a count. In organizations where it is desired to allow less than a majority vote to order a count or tellers, a special rule should be adopted specifying the necessary vote. Where no rule has been adopted a majority vote is required to order a count, or that the vote be taken by ballot or by yeas and nays (roll call).
Announcing the Vote . When the vote has been taken so that the chair has no doubt as to the result, and no division is called for, or, if so, the assembly has divided, the chair proceeds to announce, or declare the vote thus: "The ayes have it and the resolution is adopted." If he is not very positive, he may say, "The ayes seem to have it," and, if no one says he doubts the vote or calls for a division, after a slight pause he adds, "The ayes have it," etc. If the vote was by show of hands or by rising, it would be announced thus: "The affirmative has it (or, the motion is carried) and the question is laid on the table;" or if there was a count, the vote would be announced thus: "There are 95 votes in the affirmative, and 99 in the negative, so the amendment is lost, and the question is now on the resolution; are you ready for the question?" In announcing a vote the chair should state first whether the motion is carried or lost; second, what is the effect, or result, of the vote; and third, what is the immediately pending question or business, if there is any. If there is none, he should ask, "What is the further pleasure of the assembly?" One of the most prolific causes of confusion in deliberative assemblies is the neglect of the chair to keep the assembly well informed as to what is the pending business. The habit of announcing the vote by simply saying that the "motion is carried" and then sitting down, cannot be too strongly condemned. Many members may not know what is the effect of the vote, and it is the chair's duty to inform the assembly what is the result of the motion's being carried or lost, and what business comes next before the assembly.
When a quorum is present, a majority vote, that is a majority of the votes cast, ignoring blanks, is sufficient for the adoption of any motion that is in order, except those mentioned in 48 , which require a two-thirds vote. A plurality never adopts a motion nor elects any one to office, unless by virtue of a special rule previously adopted. On a tie vote the motion is lost, and the chair, if a member of the assembly, may vote to make it a tie unless the vote is by ballot. The chair cannot, however, vote twice, first to make a tie and then give the casting vote. In case of an appeal, though the question is, "Shall the decision of the chair stand as the judgment of the assembly?" a tie vote, even though his vote made it a tie, sustains the chair, upon the principle that the decision of the chair can be reversed only by a majority, including the chair if a member of the assembly.
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It is a general rule that no one can vote on a question in which he has a direct personal or pecuniary interest. Yet this does not prevent a member from voting for himself for any office or other position, as voting for a delegate or for a member of a committee; nor from voting when other members are included with him in the motion, even though he has a personal or pecuniary interest in the result, as voting on charges preferred against more than one person at a time, or on a resolution to increase the salaries of all the members. If a member could in no case vote on a question affecting himself, it would be impossible for a society to vote to hold a banquet, or for a legislature to vote salaries to members, or for the majority to prevent a small minority from preferring charges against them and suspending or expelling them. By simply including the names of all the members, except those of their own faction, in a resolution preferring charges against them, the minority could get all the power in their own hands, were it not for the fact that in such a case all the members are entitled to vote regardless of their personal interest. A sense of delicacy usually prevents a member from exercising this right of voting in matters affecting himself except where his vote might affect the result. After charges are preferred against a member, and the assembly has ordered him to appear for trial, he is theoretically under arrest, and is deprived of all rights of membership and therefore cannot vote until his case is disposed of.
A member has the right to change his vote up to the time the vote is finally announced. After that, he can make the change only by permission of the assembly, which may be given by general consent; that is, by no member's objecting when the chair inquires if any one objects. If objection is made, a motion may be made to grant the permission, which motion is undebatable.
While it is the duty of every member who has an opinion on the question to express it by his vote, yet he cannot be compelled to do so. He may prefer to abstain from voting, though he knows the effect is the same as if he voted on the prevailing side.
Voting by Ballot . The main object of this form of voting is secrecy, and it is resorted to when the question is of such a nature that some members might hesitate to vote publicly their true sentiments. Its special use is in the reception of members, elections, and trials of members and officers, as well as in the preliminary steps in both cases, and the by-laws should require the vote to be by ballot in such cases. Where the by-laws do not require the vote to be by ballot, it can be so ordered by a majority vote, or by general consent. Such motions are undebatable. Voting by ballot is rarely, if ever, used in legislative bodies, but in ordinary societies, especially secret ones, it is habitually used in connection with elections and trials, and sometimes for the selection of the next place for the meeting of a convention. As the usual object of the ballot is secrecy, where the by-laws require the vote to be taken by ballot any motion is out of order which members cannot oppose without 96 exposing their views on the question to be decided by ballot. Thus, it is out of order to move that one person cast the ballot of the assembly for a certain person when the by-laws require the vote to be by ballot. So, when the ballot is not unanimous it is out of order to move to make the vote unanimous, unless the motion is voted on by ballot so as to allow members to vote against it in secrecy.
In some cases black balls and white ones and a ballot box are provided for voting, where the question can be answered yes or no . The white ball answers yes , and the black one no . But in ordinary deliberative assemblies the ballots are strips of paper upon which are printed, or written, yes or no , or the names of the candidates, as the case may be. These ballots are first distributed and are afterwards collected by tellers, either by being dropped into a hat or box by the members, who remain in their seats, or by the members coming to the ballot box and handing their folded ballot to a teller, who deposits it in the ballot box. In the latter case it is necessary for the tellers to see that no member votes twice, which in large societies can be best done by checking off the names from a list of members as the ballots are deposited. The ballots should usually be folded so that if more than one is voted by the same person the tellers will detect it in unfolding the ballot. In satisfying themselves that only one ballot is voted, the vote may be exposed if the ballot is not folded.
When every one appears to have voted, the chair inquires, "Have all voted who wish to?" and if there is no response he says, "The polls are closed," whereupon the tellers proceed to count the ballots. If in unfolding the ballots it is found that two have been folded together, both are rejected as fraudulent. A blank piece of paper is not counted as a ballot and would not cause the rejection of the ballot with which it was folded. All blanks are ignored as simply waste paper, and are not reported, the members who do not wish to vote adopting this method of concealing the fact. Small technical errors, like the misspelling of a word, should not be noticed if the meaning of the ballot is clear. For instance, if at the trial of a member a ballot was written "guilty," every one knows what was intended. In all cases where the name on the ballot sounds like the name of one of the candidates it should be so credited. If a ballot is written "Johnson," or "Johnston," or "Johnstone," it should be credited to the candidate whose name is one of these: but if there are two candidates with these names and no eligible member with the name on the ballot, it must be rejected as illegal, or reported to the chair, who will at once submit the question to the assembly as to whom the ballot should be credited. If these doubtful ballots will not affect the result, the tellers may make their full report without asking for instructions in regard to them, placing these doubtful votes opposite the exact name as written on the ballot. Votes for ineligible persons and fraudulent votes should be reported under the heading of "Illegal Votes," after the legal votes. When two or three filled-out ballots are folded together they are counted as one fraudulent vote. The names of the candidates should be arranged in order, the one receiving the highest number of legal votes being first. In reporting the number of votes cast and the number necessary for election, all votes except blanks must be 97 counted. Suppose the tellers find 100 ballot papers, 4 of which are blank. 1 contains two filled-out ones folded together, and 50 are cast for a person who is ineligible because of having held the office as long as permitted by the constitution: the tellers' report should be in this form:
Number of votes cast...... 96 Necessary for election...... 49 Mr. A received...... 37 Mr. B received...... 8 Illegal Votes .
Mr. C (ineligible) received...... 50 One ballot containing two for Mr. D, folded together, rejected as fraudulent...... 1 The teller first named, standing, addresses the chair, reads the report and hands it to the chairman, and takes his seat, without saying who is elected. The chairman again reads the report of the tellers and declares who is elected. In the case just given he says there is no election, stating the reason. If no one is elected, it is necessary to ballot again, and to continue balloting until there is an election. The chairman should always vote in case of a ballot Should he fail to do so before the polls are closed. he cannot then do it without the permission of the assembly. When the tellers report, they should hand the ballots to the secretary, who should retain them until it is certain that the assembly will not order a recount which is within its power to do by a majority vote.
Yeas and Nays ,1 or Roll Call . When a vote has been ordered to be taken by yeas and nays [see 25 for the motion] the chair puts the question in a form similar to this: "As many as are in favor of the adoption of these resolutions will, as their names are called, answer yes [or yea ]; those opposed will answer no [or nay ]." The chairman then directs the clerk to call the roll. The negative being put at the same time as the affirmative, it is too late, after one person has answered to the roll call, to renew the debate. The clerk calls the roll, and each member, as his name is called, rises and answers "yes" or "no," or "present" if he does not wish to vote, and the clerk notes the answers in separate columns. Upon the completion of the roll call the clerk reads the names of those who answered in the affirmative, and afterwards those in the negative, and then those who answered "present," that mistakes may be corrected; he then gives the number voting on each side to the chairman, who announces the result. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative, and those who answered "present." A convenient method of noting the answers at the roll call is to write the figure 1 on the left of the name of the first member answering 98 in the affirmative, the figure 2 to the left of the second name in the affirmative, and so on. The negative answers are treated similarly, being entered on the right of the names, and those answering "present" should be entered similarly in a third column. In this way the last figures on each side at any time show how the vote stands at that time. The yeas and nays cannot be ordered in committee of the whole.
General Consent . Business can be expedited greatly by avoiding the formality of motions and voting in routine business and on questions of little importance, the chair assuming general (unanimous) consent until some one objects. It does not necessarily mean that every member is in favor of the motion, but, that knowing it is useless to oppose it, or even to discuss it, the opposition simply acquiesces in the informality. Thus, in the case of approving the minutes, the chair inquires if there are any corrections, and, if one is suggested, it is made: when no correction [or no further correction] is suggested, the chair says: "There being no corrections [or no further corrections] the minutes stand approved." While routine and minor matters can be rapidly disposed of in this way, if at any time objection is made with reasonable promptness, the chair ignores what has been done in that case even if he has announced the result, and requires a regular vote. [See also 48 .]
Absentee Voting . In a strictly deliberative assembly no member can vote who is not present when the question is completely put. But in many societies the membership is scattered all over a state, or even still wider, and it has been found expedient to provide a method of voting that will enable all the members to vote upon certain matters, as upon amendments to constitutions, by-laws, and in elections of officers. This provision, when it is deemed advisable to adopt it, should be placed in the constitution or by-laws, as otherwise, unless the charter or state laws authorize absentee voting, no member can vote except in person There are two forms of absentee voting -- by mail, and proxy voting.
Voting by Mail is used for election of officers, and for amendments to the constitution or by-laws, and for such other important matters as the society may order to be voted on in this way. If an amendment to the by-laws is to be voted on by mail, a printed copy of the proposed amendment is mailed to every member with the words "yes" and "no" printed underneath, or on a separate slip, with directions to cross out one of them, and return in the enclosed envelope, upon which should be printed the words, "Ballot for Amendment to Constitution." This envelope should usually have the signature of the voter on it, and be sealed and enclosed in another one addressed to the secretary, or to the chairman of the tellers, so that the inner envelope will not be opened except by the tellers when the votes are counted. If it is desired to present the arguments pro and con, the society can allow the leaders on the two sides to prepare brief statements to be printed and mailed with the proposed amendment to every member. Instead of having the voter's signature on the inner envelope, it may be placed on the ballot, but a place for the signature should be indicated, so that there may 99 be some means of protection against votes being cast by other than legal voters. Voting by mail cannot be a secret ballot, as it is necessary for the tellers to know by whom each vote is cast. By some such method as the above it is practicable to give all the members, however scattered they may be, an opportunity to vote on questions of great importance.
Proxy Voting . A proxy is a power of attorney given by one person to another to vote in his stead and it is also used to designate the person who holds the power of attorney. It is unknown to a strictly deliberative assembly, and is in conflict with the idea of the equality of members, which is a fundamental principle of deliberative assemblies. There can be but little use for debate where one member has more votes than another, possibly more than all the others combined. If the proxy voting is limited to the election of a board of directors, as it is practically in stock corporations, and if, also, the proxies must be given to members of the corporation in all cases where it requires an election to become a member -- with these two limitations proxy voting would be useful and do no harm. In stock companies the members meet only annually to elect directors, who elect the officers and transact the business of the corporation. Though the directors are elected largely by proxies, their own meetings, where all the business is done, are as secret as they choose to make them, no proxies being allowed in them, and therefore proxy voting does not interfere with their business. As any one can dispose of his stock to any one else, there is no objection to his appointing any one as his proxy. But the case is very different with many incorporated societies of a social, benevolent, or religious character, whose business meetings are sometimes secret. Their membership cannot be transferred by the members like stock, and therefore they should not be allowed to appoint any proxies who are not members of the organization. The state law is above the by-laws of the society, and if the state law empowers members of all corporations to appoint proxies to vote at all business meetings, no by-laws of an incorporated secret society could prevent non-members holding proxies from attending and voting at all business meetings of the society. This should not be the case. With stock corporations it does no harm, because all the business is done by directors, and no proxies are allowed in their meetings, and no one can be present without their consent. But in many societies of the kind mentioned the business is transacted in meetings attended by none but members, and unlimited proxies would be a serious interference with their work. If the state law requires proxy voting in all corporations, it should be limited to the election of officers, including directors, and also the proxies should be required to be held by members of the corporation in all organizations whose primary object is not pecuniary profit.
1. Taking a vote by yeas and nays, which has the effect to place on the record how each member votes, is peculiar to this country, and, while it consumes a great deal of time, is rarely useful in ordinary societies. While it can never be used to hinder business, as long as the above rule is observed, it should not be used at all in a 100 mass meeting, or in any other assembly whose members are not responsible to a constituency. By the Constitution, one-fifth of the members present can, in either house of Congress, order a vote to be taken by yeas and nays. In representative bodies this method of voting is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures. If there is no legal or constitutional provision for the yeas and nays being ordered by a minority in a representative body they should adopt a rule allowing the yeas and nays to be ordered by a one-fifth vote, as in Congress, or even by a much smaller number. In some small bodies a vote on a resolution must be taken by yeas and nays upon the demand of a single member.
47. Votes that are Null and Void even if Unanimous . No motion is in order that conflicts with the laws of the nation, or state, or with the assembly's constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, it is null and void. No rule that conflicts with a rule of a higher order is of any authority; thus, a by-law providing for the suspension by general consent of an article of the constitution would be null and void; so, the general parliamentary rule allowing a two-thirds vote to amend the by-laws after due notice, is only in force when the by-laws are silent on the subject. Rules that protect absentees cannot be suspended informally by general consent, or formally by a unanimous vote, as the absentees have not given their consent. For instance, a rule requiring the giving of a specified notice of certain motions, as an amendment of the by- laws, cannot be suspended by general consent or by a unanimous vote. When a vote is required to be taken by ballot, the object is to enable members to conceal their votes, and any motion that defeats this object is out of order. Thus, when the rules require the vote to be by ballot, as is usual in elections to office or membership, this rule cannot be suspended even by general consent, because no one can object without exposing his vote, which he cannot be compelled to do. When the election must be by ballot, a motion to have the ballot cast by one person is out of order. So, when the rules require the vote to be by ballot, a motion to make unanimous a vote that was not unanimous, must be voted on by ballot, as otherwise the vote would not be secret.
48. Motions requiring more than a Majority Vote . Majority Vote . Any legitimate motion not included among those mentioned below as requiring more than a majority vote, requires for its adoption only a majority; that is, more than half of the votes cast, ignoring blanks, at a legal meeting where a quorum is present, unless a larger vote for its adoption is required by the rules of the assembly.
General Consent or Unanimous Vote . By general, or unanimous, or silent, consent the assembly can do business with little regard for the rules of procedure, as they are made for the protection of the minority, and when there is no minority to protect, there is little use for the restraint of the rules, except such as protect the rights of absent members, or the right to a secret vote. In the former case the consent of the absentees cannot 101 be given, and in the latter case the consent cannot be withheld by the minority without exposing their votes, which they cannot be compelled to do. When the election is not by ballot and there are several candidates one of whom receives a majority vote, sometimes a motion is made to make the vote unanimous. It should never be made except by the candidate with the largest number of votes after the successful one, or his representative, and even then its propriety is doubtful. One negative vote defeats a motion to make a vote unanimous, as a single objection defeats a request for general consent.
By the legitimate use of the principle that the rules are designed for the protection of the minority, and generally need not be strictly enforced when there is no minority to protect, business may be greatly expedited. When there is evidently no opposition, the formality of voting can be avoided by the chair's asking if there is any objection to the proposed action, and if there is none, announcing the result. The action thus taken is said to be done by general consent, or unanimous or silent consent. Thus, after an order has been adopted limiting the speeches to two minutes each, if a speaker is so interesting that when his time has expired there is a general demand for him to go on, the chair, instead of waiting for a motion and taking a vote, could accept it as the will of the assembly that the speaker's time be extended, and would direct him to proceed. Or, he might say that if there is no objection the member's time will be extended two minutes, or some other time. [See also 46:16 ]
Two-thirds Vote . A two-thirds vote means two-thirds of the votes cast, ignoring blanks which should never be counted. This must not be confused with a vote of two-thirds of the members present, or two-thirds of the members, terms sometimes used in by-laws. To illustrate the difference: Suppose 14 members vote on a question in a meeting of a society where 20 are present out of a total membership of 70, a two-thirds vote would be 10; a two-thirds vote of the members present would be 14; and a vote of two-thirds of the members would be 47.
There has been established as a compromise between the rights of the individual and the rights of the assembly the principle that a two-thirds vote is required to adopt any motion that suspends or modifies a rule of order previously adopted; or prevents the introduction of a question for consideration; or closes, or limits, or extends the limits of debate; or limits the freedom of nomination or voting; or closes nominations or the polls; or deprives one of membership or office. It will be found that every motion in the following list belongs to one of the classes just mentioned.
102
Motions Requiring a Two-thirds Vote .1
Amend (Annul, Repeal, or Rescind) any part of the Constitution, By-laws, or Rules of Order, previously
adopted; it also requires previous notice 68
Amend or Rescind a Standing Rule, a Program or Order of Business, or a Resolution, previously
adopted, without notice being given at a previous meeting or in the call for the meeting 37
Take up a Question out of its Proper Order 22
Suspend the Rules 22
Make a Special Order 20
Discharge an Order of the Day before it is pending 20
Refuse to Proceed to the Orders of the Day 20
Sustain an Objection to the Consideration of a Question 23
Previous Question 29
Limit, or Extend the Limits, of Debate 30
Extend the Time Appointed for Adjournment or for Taking a Recess 20
Close Nominations or the Polls 25
Limit the Names to be Voted for
Expel from Membership: it also requires previous notice and trial 75
Depose from Office: it also requires previous notice
103
Discharge a Committee when previous notice has not been given 32
Reconsider in Committee when a member of the majority is absent and has not been notified of the
proposed reconsideration 36
1. The U.S. Constitution requires a two-thirds vote of both Houses to pass a resolution proposing an amendment to the Constitution, to pass a vetoed bill, or to remove political disabilities; a two-thirds vote of either House to expel a member; and a vote of two-thirds of the Senators present to ratify a treaty or convict on an impeachment. The House requires a two-thirds vote to suspend the rules, but is obliged to allow a majority to order the previous question or to limit debate, as otherwise its business could never be transacted. Still, a bill cannot be passed without at least forty minutes of debate, as that is allowed after the suspension of the rules or the previous question has been ordered. [See foot note to 44 .]
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Art. IX. Committees and Boards 49 . Committees Classified 50 . Boards of Managers, etc., and Executive Committees 51 . Ex-Officio Members of Boards and Committees 52 . Committees, Special and Standing 53 . Reception of Reports 54 . Adoption or Acceptance of Reports 55 . Committee of the Whole 56 . As if in Committee of the Whole 57 . Informal Consideration
49. Committees Classified . A Committee is a body of one or more persons appointed or elected by an assembly or society to consider, or investigate, or take action in regard to, certain matters or subjects, or to do all of these things. Committees may be divided into two distinct classes:
(1) Boards of Managers or Directors, Boards of Trustees, Executive Committees, etc.
(2) Ordinary Committees, Special or Standing, and Committee of the Whole and its substitutes.
These different kinds of committees are considered separately in the following five sections.
50. Boards of Managers or Directors, Boards of Trustees, Executive Committees, etc. Committees of this class are essentially small deliberative assemblies, subordinate to the body that appoints them, with their duties and authority, and the number of their regular meetings and their quorums, defined by the parent body, or by its authority. Boards or Committees of this class are usually appointed by organizations that meet only annually or quarterly. With such an organization it is customary and necessary to delegate to a committee, usually known as the Board of Managers or Directors, all its authority, with slight limitations, to be exercised between its meetings. The by-laws of the Board are adopted by the parent body, or the Board may be authorized to adopt its own by-laws. It is usual to authorize the Board to appoint from its membership an Executive Committee of a specified number who shall have all the power of the Board between the meetings of the Board, just as the Board has all the power of the Society between the meetings of the Society, except that the subordinate body cannot modify any action taken by its superior. The Executive Committee should be small and the members should live near enough each other to be able to have frequent regular meetings, besides special meetings in emergencies. Where the organization is local, such as a society for sustaining an
105 orphan asylum, the Board of Managers usually divides itself into committees having charge of different branches of the work during the intervals between the monthly or quarterly meetings of the Board, when these committees report on the work done. It is seldom that resolutions or other matters are referred to boards or committees of this class for them to report back to the society with recommendations. If papers are referred to them it is usually for their information and action. They are organized as any other deliberative assembly with a chairman and a secretary, whom they elect if they are not appointed by the society. Frequently the by-laws of the society make its president and its corresponding, or executive secretary, ex- officio, president and secretary of the Board of Managers.
In large boards business is transacted the same as in the society meetings; but in small boards the same formality is not necessary or usual, the informality observed by committees being generally allowed. In a board meeting where there are not more than about a dozen present, for instance, it is not necessary to rise in order to make a motion, nor to wait for recognition by the chair before speaking or making a motion, nor for a motion to have a second; nor is there any limit to the number of speeches, nor does the chairman leave the chair when making a motion or discussing a question. The formalities necessary in order to transact business in a large assembly would hinder business in so small a body.
Boards are often constituted so that the term of office of, say, one-third of its members expires each year. After each annual meeting in such case, the board elects new officers and committees, the same as if the entire board had been re-elected. All unfinished business falls to the ground when the new board is elected.
It is customary for the by-laws to require an annual report from the Board of Managers, which usually gives a brief account of its doings for the year with recommendations for the future. After discussion, and amendment if necessary, the report is usually adopted by the society and published in its annual proceedings as the report of the board. In such a case, care should be taken in publishing it to inclose in brackets all that has been struck out, and to put in italics whatever has been inserted, and to insert a note to that effect at the beginning of the report, so that exactly what the board recommended can readily be seen. The minutes should read thus: "The Board of Managers submitted its report which after discussion and amendment was adopted as follows, the words in brackets having been struck out and those underscored (in italics) having been inserted before the report was adopted." The society cannot alter the report of the board. It may decline to indorse it, or even to allow it to be printed, but it cannot make it appear that the board stated anything different from what it has reported. By the above plan is shown exactly what the board reported and what the society adopted, or endorsed.
106
51. Ex-Officio Members of Boards and Committees . Frequently boards and committees contain some members who are members by virtue of their office, and, therefore, are termed ex-officio members. When such a member ceases to hold the office his membership of the board terminates automatically. If the ex- officio member is under the control of the society, there is no distinction between him and the other members except where the president is ex-officio member of all committees, in which case it is evidently the intention to permit, not to require, him to act as a member of the various committees, and therefore in counting a quorum he should not be counted as a member. The president is not a member of any committee except by virtue of a special rule, unless he is so appointed by the assembly. If the ex-officio member is not under the authority of the society, he has all the privileges, including the right to vote, but none of the obligations of membership; as when the governor of a state is, ex-officio, a manager or a trustee of a private academy.
52. Committees, Special and Standing . It is usual in deliberative assemblies, to have all preliminary work in the preparation of matter for their action done by means of committees. The committee may be either a "standing committee," appointed for a definite time, as a session or a year; or a "special [or select] committee," appointed for a special purpose; or a "committee of the whole" consisting of the entire assembly. [For method of appointing committees of the whole, see 55 ; other committees, see Commit, 32 .] Committees of the whole are not used much except in legislative bodies, and when the word committees is used in this Manual, unless specified to the contrary, standing or special committees are meant. Unless the assembly has appointed a chairman, either directly or through its presiding officer, the first named on a committee, and in his absence the next named member, becomes chairman, and so on and should act as such unless the committee by a majority of its number elects a chairman, which it has the right to do if the assembly has not appointed one, and which a standing committee usually does. The clerk should furnish him, or, in his absence, some other member of the committee, with notice of the appointment of the committee, the names of the members, the papers or matter referred to it, and such instructions as the assembly has decided upon. Upon the committee's request, all papers and books necessary for the proper performance of its duties should be turned over to it by the proper officers.
It is the duty of the chairman to call the committee together, but, if he is absent, or neglects or declines to call a meeting of the committee? it is the duty of the committee to meet on the call of any two of its members. In small special committees the chairman usually acts as secretary, but in large ones and in all standing committees, it is customary to elect a secretary, who keeps a brief memorandum of what is done, for the use of the committee. Members of the society have a right to appear at the committee meetings and present their views on the subject before it at such reasonable times as, upon request, the committee may appoint. But during the deliberations of the committee no one has a right to be present, except members of the committee. 107
The rules of the assembly, as far as possible, apply to the committee, but motions to close or limit debate are not allowed, and there is no limit to the number of times a member may speak, and unless the committee is very large, it is not necessary for any one to rise and address the chair before making a motion or speaking, nor does the chairman rise to put the question, nor does he leave the chair to speak or make motions, nor are motions seconded. These formalities are unnecessary because the committee is so small, but, unless agreed to by general consent, all questions must be put to vote. Instead of the chairman's abstaining from speaking on questions, he is, usually, the most active participant in the discussions and work of the committee. In order that the assembly may have the benefit of the matured judgment of the committee, a reconsideration of a vote must be allowed regardless of the time and of previous reconsideration, and it may be moved by any one who did not vote with the minority, even if he was absent when the previous vote was taken; but it shall require a two-thirds vote for its adoption unless every member who voted with the majority is either present or received ample notice of the meeting and that the reconsideration was to be moved. This prevents taking advantage of the absence of members to reverse action, and enables members who were absent to bring up the question of reconsideration.
The committee constitute a miniature assembly, being able to act only when a quorum (a majority of the members) is present. If a paper is referred to them, they must not write on it, but should write their amendments on a separate sheet. If the amendments are numerous it is better to write out a substitute and submit it. If a resolution is referred to a committee while a motion to postpone indefinitely is pending, only the resolution is referred to the committee, the motion to postpone indefinitely being ignored. If amendments are pending they go to the committee, who may recommend their adoption or rejection, or make no recommendation in regard to them. If the committee originate the paper, all amendments must be incorporated in it. When they originate it, usually one member has previously prepared a draft, which is read entirely through, and then read by paragraphs, the chairman pausing after each paragraph, and asking: "Are there any amendments proposed to this paragraph?" No vote is taken on the adoption of the separate paragraphs; but, after the whole paper has been read in this way, it is open to amendment generally, by striking out any paragraph, or by substituting or inserting new ones, or by substituting an entirely new paper for it. If there is a preamble it is considered last. When the entire paper has been amended to suit the committee, they should adopt it as their report, and direct the chairman or some other member to report it to the assembly. When committees are appointed to investigate, or to report upon, certain matters, the report should close with, or be accompanied by, formal resolutions covering all recommendations, so that when their report is made no motion is necessary except to adopt the resolutions.
108
If the report is written in this form, "Your committee are of the opinion that Mr. A's bill should be paid," there might be some doubt as to the effect of the adoption of the recommendation or the report. The report should close with a recommendation that the following order be adopted: "Ordered, That the treasurer pay Mr. A's bill for $10.15." If a report recommends that charges be preferred against Mr. B, it should close with recommending the adoption of resolutions, which should be written out, providing for holding an adjourned meeting, and for citing the member to appear at the adjourned meeting for trial on charges that must be specified. These should be prepared by the committee and submitted as a part of their report. The committee should never leave to others the responsibility of preparing resolutions to carry out their recommendations. They should consider this as one of their most important duties.
When the report has been adopted by the committee a clear copy is made, usually commencing in a style similar to this: "The committee to whom was referred (state the matter referred), beg leave to submit the following report ;" or, "Your committee appointed to (specify the object), respectfully report," etc. If the report is of much importance it should be signed by all the members concurring in the report; but when it is of little importance, or merely recommends amendments, etc., it may be signed by the chairman alone, his signature being followed by the word "Chairman." He should not, however, place "Chairman" after his signature except when he signs the report alone and by the authority of the committee. The report must always be in the third person though written and signed by only one. The signature may be preceded by the words, "Respectfully submitted," but it is not necessary. Usually the report is not dated or addressed, and sometimes it consists merely of a resolution, or a set of resolutions. In the latter case the chairman states he is instructed by the committee to submit and to move the adoption of the resolutions. The report of the majority is the report of the committee and should never be referred to as the majority report.
If the minority submit a report, (or more properly, their "views,") it may commence thus: "The undersigned, a minority of the committee appointed, etc., not agreeing with the majority, desire to express their views in the case." After the committee's report has been read and the motion to adopt has been made and the question stated, it is usual to allow the minority to present their views, but if any one objects to its reception the chair should put the question to vote on its being received. It requires a majority vote to receive it, the question being undebatable. When the minority report is read it is for information, and it cannot be acted upon except by a motion to substitute it for the report of the committee. Whether the views of the minority are read or not, any one can move to substitute the resolutions they recommend for those recommended by the committee. Where the minority cannot agree, each member may submit his views separately. In some cases a member agrees to the report with a single exception, in which case instead of submitting his views separately,
109 after all have signed who agree to the report he may write that he agrees to the report except the part which he specifies, and then sign the statement.
The committee's report 1 can contain only that which has been agreed to by a majority vote at a meeting of which every member has been notified, or at an adjourned meeting thereof (a quorum, a majority of the members, being present), except where it is impracticable to have a meeting of the committee, when it may contain what is agreed to by every member. If a committee is appointed from different sections of the country with the expectation that its work will be done by correspondence, its report can contain only what is agreed to by a majority of the members.
A committee, except a committee of the whole, can appoint a sub-committee which, however, reports to the committee, and never to the assembly. This sub-committee must consist of members of the committee, except in cases where the committee is appointed to take action that requires the assistance of others, as to make arrangements for holding a bazaar. In such a case it is best to appoint the committee with power to appoint such subcommittees as are required; or, as is frequently done, to appoint the committee "with power," which means with power to take all the steps necessary to carry out its instructions. A committee has no power to punish its members for disorderly conduct, its recourse being to report the facts to the assembly. No allusion can be made in the assembly to what has occurred during the deliberations of the committee, unless it is by a report of the committee or by general consent. When a special committee is through with the business assigned it, a motion is made for the committee to "rise" (which is equivalent to the motion to adjourn without day), and that the chairman (or some member who is more familiar with the subject) make its report to the assembly. A special committee ceases to exist as soon as the assembly receives its report. When a committee adjourns without appointing a time for the next meeting, it is considered as having adjourned at the call of the chair, so that all the meetings of a special committee constitute one session. A meeting of a special committee may be called at any time by the chairman or by any two of its members, every member being notified. When a committee adjourns to meet at another time, it is not necessary (though usually advisable) that absent members should be notified of the adjourned meeting.
A standing committee is either wholly, or partially, elected at each annual meeting in ordinary societies, and immediately thereafter it reorganizes by electing a chairman (unless he has been appointed by the assembly) and a secretary. Therefore, a standing committee must report at the annual meeting, or before, on everything referred to it during the year. The motion to rise is never used in standing committees or boards, nor is it used in other committees except when the committee is ready to report so that it will never meet again. A special committee is appointed for a specific purpose, and until the duty assigned it by the society is accomplished it 110 continues to exist, unless sooner discharged, which requires a two-thirds vote if done without notice being given. The fact that an annual meeting has intervened does not discharge a special committee appointed by a society. But in an elected or appointed body, as a convention, special committees that have not reported cease to exist when the new officers assume their duties at the next annual meeting. When discharged, the chairman of the committee returns to the secretary all documents received from him.
While in small assemblies, especially in those where but little business is done, there is not much need of committees, in large assemblies, or in those doing a great deal of business, committees are of the utmost importance. When a committee is properly selected, in nine cases out of ten its action decides that of the assembly. A committee for action should be small, and consist only of those heartily in favor of the proposed action. If one not in sympathy with it is appointed. he should ask to be excused. A committee for deliberation or investigation, on the contrary, should be large, and represent all parties in the assembly, so that its opinion will carry with it as great weight as possible. The usefulness of the committee will be greatly impaired if any important faction of the assembly is unrepresented on the committee. The appointment of a committee is fully explained in 32 .
1. In Congress nothing can be "the report of the committee but what has been agreed to ln committee actually assembled," so that a report signed by a majority of a committee acting separately was ruled out. In some societies, however, it is often impracticable to have regular committee meetings with a majority present.
53. Reception of reports . When there is a place in the order of business provided for reports of committees, they are not made until they are called for by the chair. Upon the arrival of the time for these reports, the chair calls for the reports of such officers and standing committees as are required to make reports, in the order in which they are arranged in the rules; after which he calls for the reports of the special committees in the order of their appointment. When called upon, the reporting member (who is the chairman of the committee unless another member is appointed to make the report) rises and addresses the chair, and, when recognized, reads the report and hands it to the presiding officer, or the secretary, and, when necessary, moves its adoption or acceptance as explained in the next section. If the committee reports back a paper with amendments, the amendments are read with sufficient of the related parts to make them understood. If it is desired to have a report made earlier than the rules allow, it can be done, by a two-thirds vote, by suspending the rules and receiving the report at once.
If the order of business makes no provision for the report of the committee, the reporting member, when ready to report, obtains the floor when no business is pending, and informs the assembly that the committee
111 to which was referred such a subject or paper has agreed upon a report which he is now prepared to submit. If the chair thinks the assembly wishes to hear the report he directs him to proceed, whereupon he reads the report and hands it to the chairman and makes the proper motion for its disposal. If before it is read any one objects to its reception, or if the chair is in doubt as to whether it should be received now, he puts to the assembly the question, "Shall the report be received now?" It requires a majority vote to receive it, and the question is undebatable. If the vote is in the negative, a time for the reception of the report should be appointed either by a vote or by general consent. Usually no motions are made or votes taken in regard to receiving reports, these matters being all settled informally by general consent.
If the report is a final one, when the assembly has received the report the committee has completed its work, and, without any motion, it is automatically discharged from further consideration of the subject, and, if it is a special committee, it ceases to exist. If the report is only a partial one the committee is not discharged unless the assembly so votes. If the subject is recommitted the committee is revived (unless the reference is to another committee), and all parts of the report that have not been adopted by the assembly are ignored by the committee as if the report had never been made. If any member or members wish to submit the views of the minority it is customary to receive such a report immediately after receiving the report of the committee. In such case the reporting member should notify the assembly that the views of the minority will be submitted in a separate paper. As soon as the chair has stated the question on the report, he should call for the views of the minority, which are then read for information. They cannot be acted upon unless it is moved to substitute them for the committee's report, or rather to substitute the recommendations of the minority for those of the committee.
A very common error is, after a report has been read, to move that it be received, whereas the fact that it has been read shows that it has been already received by the assembly. Another mistake, less common, but dangerous, is to vote that the report be accepted, which is equivalent to adopting it [see next section], when the intention is only to have the report up for consideration and afterwards to vote on its adoption.
54. Adoption or Acceptance of Reports . When the report of a committee has been received, that is, has been presented to the assembly and either read or handed to the chair or the secretary, the next business in order is the disposal of the report, the proper disposition depending upon its nature.
(1) If the report contains only a statement of fact or opinion for the information of the assembly, the reporting member makes no motion for its disposal, as there is no necessity for action on the report. But if any action is
112 taken, the proper motion, which should be made by some one else, is to "accept the report," which has the effect of endorsing the statement and making the assembly assume responsibility for it.
If it is a financial report, as in case of a board of trustees or a treasurer, it should be referred to an auditing committee, as the vote to accept the report does not endorse the accuracy of the figures, for the assembly can only be sure of that by having the report audited. Whenever such a financial report is made, the chair, without any motion, should say it is referred to the auditing committee or auditors, if there are any. If there are none, then the proper motion is to refer it to an auditing committee to be appointed by the chair. When the auditing committee reports, this report should be accepted, or adopted, which carries with it the endorsement of the financial report.
(2) If the report contains recommendations not in the form of motions, they should all be placed at the end of the report, even if they have been given separately before, and the proper motion is to adopt the recommendations.
(3) If the report concludes with a resolution or a series of resolutions, the proper course is for the reporting member to move that the resolution or resolutions be adopted or agreed to. This method should be adopted whenever practicable.
(4) If a committee reports back a resolution which was referred to it, the motion to postpone indefinitely, if it was pending, is ignored; if an amendment was pending it should be reported on. The form of the question to be stated by the chair depends upon the recommendation of the committee as follows: ( a) If the committee recommends its adoption, or makes no recommendation (where it can come to no agreement), the question should be stated on the amendment if there was one pending, and then on the resolution. These motions were pending when the question was referred to the committee, and therefore should not be made again. ( b) If the recommendation is that the resolution be not adopted, the question on the resolution, when it is put, should be stated thus: "The question is on the adoption of the resolution, the recommendation of the committee to the contrary notwithstanding." A similar course is pursued if the committee recommends that an amendment be not adopted. ( c) If the committee recommends that the resolution be postponed indefinitely, or postponed to a certain time, the question should be on the postponement, and, if that is lost, then on the resolution.
(d) If the committee reports back a resolution or paper with amendments, the reporting member reads only the amendments with sufficient of the context to make them understood and then moves their adoption. The chairman, after stating the question on the adoption of the amendments, called for the reading of the first 113 amendment, after which it is open for debate and amendment. A vote is then taken on adopting this amendment, and the next is read, and so on till the amendments are adopted or rejected, admitting amendments to the committee's amendments, but no others. When through with the committee's amendments, the chairman pauses for any other amendments to be proposed by the assembly; and when these are voted on he puts the question on agreeing to, or adopting, the paper as amended, unless, in a case like revising the by-laws, they have been already adopted. By suspending the rules, or by general consent, a report can be at once adopted without following any of the above routine.
If the amendments do not call for debate or amendment, as when reported from the committee of the whole, where they have been already discussed, the chair puts a single question on all the committee's amendments except those for which a member asks a separate vote, thus "As many as are in favor of adopting the amendments recommended by the committee, except those for which a separate vote has been asked, say aye ; those opposed say no ." He then takes up the remaining amendments separately in their order.
(e) If the committee reports back a resolution with a substitute which it recommends for adoption, the chair states the question on the substitute, if there were no amendments pending when the resolution was committed. If, however, amendments were pending when the resolution was committed, the chair first states the questions on those pending amendments, and when they are disposed of he states the question on the substitute. In either case the substitute is treated like any other substitute motion, the resolution being first perfected by amendments and then the substitute resolution. After both have been thus perfected the question is put on the substitution, and finally on the resolution. If the substitute is lost the resolution is open to amendments proposed by members. ( f) If the report is of a nomination committee no vote should be taken, any more than if a member had made the nominations. ( g) If the report is from the membership committee, the chair at once states the question on the reception as members of the candidates recommended by the committee.
A partial report of a committee is treated the same as the final report. If it reports progress only, without recommendations or conclusions, it is treated as any other report for information, and no action need be taken. But, if the partial report recommends action, then the question is to be put on adopting the report, or its recommendations, or the resolutions, the same as if it were the final report.
While it is customary in ordinary societies to make and second a motion to accept or adopt a committee's report, yet if the motion is not made and the chair deems it best to have a vote taken on the question, he may state the appropriate question without waiting for a motion, accepting the submission of the report by a
114 committee as equivalent to moving the adoption of the appropriate motion for disposing of it, just as is the case when one offers a resolution. To wait to see if two members are in favor of a proposition which at least two have signed, or authorized the chairman, or reporting member, to sign, would appear useless. In ordinary societies the chairman of the assembly usually knows better than the reporting member how the business should be managed, especially if a resolution is reported with many amendments. However, unless the assembly is accustomed to having its chairman put the proper questions on the report without any formal motion, it is better for the reporting member to move the "adoption" of the resolutions or recommendations, as that is generally understood.
When the chair has stated the question on the adoption of the recommendations or resolutions, or of the report, the matter under consideration is open to debate and amendment, and may have applied to it any of the subsidiary motions, like other main questions. Its consideration cannot be objected to if the matter was referred to the committee. While the report of the committee or its resolutions may be amended by the assembly, these amendments only affect that which the assembly adopts, as the assembly cannot in any way change the committee's report.
For example: A committee expresses the opinion that Mr. A has no right to commit a certain act, and the assembly strikes out this statement from the report before adopting it. This does not alter the report, but, when the assembly adopts the report, this statement is not adopted. So with a recommendation or a resolution: the assembly may strike out or add one or more recommendations or resolutions before adopting, but that does not alter the committee's report. If the proceedings are published, the committee's report should be printed exactly as it was submitted with the amendments printed below; or, still better, all words struck out should be enclosed in brackets and all words inserted should be printed in italics. and a note to that effect inserted at the beginning.
While the motions to adopt, to accept, etc, are often used indiscriminately, and the adoption of any one of them has the effect of endorsing or adopting the opinions, actions, recommendations, or resolutions submitted by the committee, as the case may be, yet it is better to use them as heretofore stated. If only one term is used, the word "adopt" is preferable, as it is least liable to be misunderstood.
55. Committee of the Whole . When an assembly has to consider a subject which it does not wish to refer to a committee, and yet where the subject matter is not well digested and put into proper form for its definite action, or when, for any other reason, it is desirable for the assembly to consider a subject with all the freedom of an ordinary committee, it is the practice to refer the matter to the "Committee of the Whole." If it is desired
115 to consider the question at once, the motion is made, "That the assembly do now resolve itself into a committee of the whole, to take under consideration," etc., or, "That we go into committee of the whole to consider," etc., specifying the subject. This is really a motion to "commit." [See 32 for its order of precedence, etc.] If adopted, the chairman immediately calls another member to the chair, and takes his place as a member of the committee. The committee is under the rules of the assembly, excepting as stated hereafter in this section.
The only motions in order are to amend and adopt, and that the committee "rise and report," as it cannot adjourn; nor can it order the "yeas and nays." An appeal from the decision of the chair can be made, and it must be voted on directly, as it cannot be laid on the table or postponed, those motions not being allowed in committee of the whole. Each member can speak only once on the appeal. The only way to close or limit debate in committee of the whole is for the assembly, before going into committee of the whole, to vote that the debate in committee shall cease at a certain time, or that after a certain time no debate shall be allowed, excepting on new amendments, and then only one speech in favor of and one against it, of, say, five minutes each; or in some other way to regulate the time for debate.
If no limit is prescribed, any member may speak as often as he can get the floor, and as long each time as is allowed in debate in the assembly, but he cannot speak a second time provided a member wishes the floor who has not spoken on that particular question. Debate having been closed at a particular time by order of the assembly, the committee has not the power, even by unanimous consent, to extend the time. The committee cannot refer the subject to another committee. Like other committees, it cannot alter the text of any resolution referred to it; but if the resolution originated in the committee, then all the amendments are incorporated in it.
When the committee is through with the consideration of the subject referred to it, or if it wishes to adjourn, or to have the assembly limit debate, a motion is made that "the committee rise and report," etc., specifying the result of its proceedings. The motion to "rise" is equivalent to the motion to adjourn in the assembly, and is always in order (except while voting or when another member has the floor), and is undebatable and cannot be amended. As soon as this motion is adopted the presiding officer takes the chair, and the chairman of the committee, having resumed his place in the assembly, rises, addresses the chair, and says: "The Committee of the Whole has had under consideration (here he describes the resolution or other matter) and has directed me to report the same with (or without, as the case may be) amendments," provided the committee has concluded its business. If the committee has failed to come to a conclusion, strike out of the report all after "and has" and insert "come to no conclusion thereon." If no amendments are reported, the chair at once 116 states the question on the resolution or other matter referred to the committee. If amendments are reported the reporting member reads them, and hands the paper to the chair, who reads, and states and puts the question on the amendments as a whole, unless a member asks for a separate vote on one or more amendments, in which case a single vote is taken on all the other amendments, and then the question is stated separately on each of the amendments for which a separate vote was asked. The amendments may be debated and amended.
The secretary does not record in the minutes the proceedings of the committee, but should keep a memorandum of the proceedings for its use. In large assemblies the secretary vacates his chair, which is occupied by the chairman of the committee, and the assistant secretary acts as secretary of the committee. Should the committee become disorderly, and the chairman be unable to control it, the presiding officer should take the chair and declare the committee dissolved. The quorum of the committee of the whole is the same as that of the assembly [ 64 ]. If the committee finds itself without a quorum, it can only rise and report the fact to the assembly, which in such case must adjourn.
In large assemblies, such as the U.S. House of Representatives, where a member can speak to any question only once, the committee of the whole seems almost a necessity, as it allows the freest discussion of a subject, while at any time it can rise and thus bring into force the strict rules of the assembly. In small assemblies it is usually more convenient to substitute for it either the "Quasi (as if in) Committee of the Whole," as used in the U.S. Senate, or "Informal Consideration," as frequently used in ordinary societies. These are explained in the next two sections.
56. As if in (or Quasi) Committee of the Whole is used in the U.S. Senate instead of the committee of the whole, and is more convenient in small assemblies. The motion should be made in a form similar to this: "I move that the resolution be considered as if in committee of the whole." This being adopted, the question is open to debate and amendment with all the freedom of the committee of the whole. The presiding officer, however, retains the chair, instead of appointing a chairman as is done when the assembly goes into committee of the whole. If any motion is adopted, except an amendment, it puts an end to the quasi committee of the whole. Thus, the motion to commit is equivalent to the following motions when in committee of the whole: (1) That the committee rise; (2) that the committee of the whole be discharged from the further consideration of the subject; and (3) that it be referred to a committee. When the assembly has finished amending the proposition under consideration, without further motion the chairman announces that, "The assembly, acting as if in committee of the whole, has had such subject under consideration, and has made certain amendments," which he then reports. The subject comes before the assembly then as if reported 117 by a committee, the chair stating the question on the amendments as described at the close of the previous section under committee of the whole. The secretary should keep a memorandum of the proceedings while acting as if in committee of the whole, but it should not be entered in the minutes, being only for temporary use. The chairman's report to the assembly should be entered in the minutes, as it belongs to the assembly's proceedings.
57. Informal Consideration . In ordinary societies the meetings of which are not large, instead of going into committee of the whole. or considering questions as if in committee of the whole, it is more usual to consider the question informally. The motion is made thus: "I move that the question be considered informally." The effect of the adoption of this motion is to open the main question and any amendments that may be proposed, to free debate as if in committee of the whole. No member can speak the second time to the same question as long as a member who has not spoken desires the floor. This informal consideration applies only to the main question and its amendments, so that any other motion that is made is under the regular rules of debate. While considering a question informally the assembly by a two-thirds vote may limit the number or length of speeches, or in any other way limit or close the debate. While the consideration of the main question and its amendments is informal, all votes are formal, the informality applying only to the number of speeches allowed in debate. The instant the main question is disposed of temporarily, or permanently, the informal consideration automatically ceases without any motion or vote.
If the question is considered in either the regular committee of the whole or the quasi committee of the whole, it is necessary formally to report the action to the assembly and then take action on the report. Thus, it will be seen that informal consideration is much simpler than either of the methods described in the previous two sections. It can be used to advantage in assemblies that are not very large, instead of the committee of the whole. While this is not a motion to commit, yet it is used for practically the same purpose as the committee of the whole. It ranks just below the motion "to consider as if in committee of the whole," which is just below "to go into committee of the whole."
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Art. X. The Officers and the Minutes. 58 . Chairman or President 59 . Secretary or Clerk 60 . The Minutes 61 . Executive Secretary 62 . Treasurer
58. Chairman or President . The presiding officer, when no special title has been assigned him, is ordinarily called the Chairman, or the President, or, especially in religious assemblies, the Moderator. In organized societies the constitution always prescribes his title, that of President being most common. In debate he is referred to by his official title and is addressed by prefixing Mr. or Madam, as the case may be, to that title. In referring to himself he should never use the personal pronoun; he generally says, "the chair," which means the presiding officer of the assembly, regardless of whether his position is permanent or temporary. If his position is only temporary he is called the chairman.
His duties are generally as follows: To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon; to recognize members entitled to the floor; to state and to put to vote all questions which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from annoyance from evidently frivolous or dilatory motions by refusing to recognize them; to assist in the expediting of business in every way compatible with the rights of the members, as by allowing brief remarks when undebatable motions are pending, if he thinks it advisable; to restrain the members when engaged in debate, within the rules of order; to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the question for the decision of the assembly; to inform the assembly, when necessary, or when referred to for the purpose, on a point of order or practice pertinent to pending business; to authenticate, by his signature, when necessary, all the acts, orders, and proceedings of the assembly declaring its will and in all things obeying its commands.
In case of fire, riot, or very serious disorder, or other great emergency, the chair has the right and the duty to declare the assembly adjourned to some other time (and place if necessary), if it is impracticable to take a vote, or in his opinion, dangerous to delay for a vote.
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The chairman should rise to put a question to vote, except in very small assemblies, such as boards or committees, but may state it sitting; he should also rise from his seat (without calling any one to the chair) when giving his reasons for his decision upon a point of order, or when speaking upon an appeal, which he can do in preference to other members. During debate he should be seated and pay attention to the speaker, who is required to address his remarks to the presiding officer. He should always refer to himself as "the chair," thus, "The chair decides," etc., not "I decide," etc. When a member has the floor, the chairman cannot interrupt him excepting as provided in 3, so long as he does not transgress any of the rules of the assembly.
If a member of the assembly, he is entitled to vote when the vote is by ballot (but not after the tellers have commenced to count the ballots), and in all other cases where the vote would change the result. Thus, in a case where a two-thirds vote is necessary, and his vote thrown with the minority would prevent the adoption of the question, he can cast his vote; so, also, he can vote with the minority when it will produce a tie vote and thus cause the motion to fail; but he cannot vote twice, first to make a tie, and then to give the casting vote. Whenever a motion is made referring to the chairman only, or which compliments or condemns him with others, it should be put to vote by the Vice President if in the room, or by the Secretary, or on their failure to do so, by the maker of the motion. The chair should not hesitate to put the question on a motion to appoint delegates or a committee on account of his being included.
The chairman cannot close debate unless by order of the assembly, which requires a two-thirds vote; nor can he prevent the making of legitimate motions by hurrying through the proceedings. If members are reasonably prompt in exercising their right to speak or make motions, the chair cannot prevent their doing so. If he has hurriedly taken and announced a vote while a member is rising to address the chair, the vote is null and void, and the member must be recognized. On the other hand the chairman should not permit the object of a meeting to be defeated by a few factious persons using parliamentary forms with the evident object of obstructing business. In such a case he should refuse to entertain the dilatory or frivolous motion, and, if an appeal is taken, he should entertain it, and, if sustained by a large majority he may afterwards refuse to entertain even an appeal made by the faction when evidently made merely to obstruct business. But the chair should never adopt such a course merely to expedite business, when the opposition is not factious. It is only justifiable when it is perfectly clear that the opposition is trying to obstruct business. [See Dilatory Motions, 40 ].
If it is necessary for the chairman to vacate the chair the first Vice President, if there is one, should take the chair, and in his absence the next one in order should take it. If there is no vice president in the hall, then the chairman may, if it is necessary to vacate the chair, appoint a chairman pro tem. , but the first adjournment 120 puts an end to the appointment, which the assembly can terminate before, if it pleases, by electing another chairman. But the regular chairman, knowing that he will be absent from a future meeting, cannot authorize another member to act in his place at such meeting; the secretary, or, in his absence, some other member should in such case call the meeting to order, and a chairman pro tem. be elected who would hold office during that session, unless such office is terminated by the entrance of the president or a vice president, or by the election of another chairman pro tem., which may be done by a majority vote.
The chairman sometimes calls a member to the chair and takes part in the debate. This should rarely be done, and nothing can justify it in a case where much feeling is shown and there is a liability to difficulty in preserving order. If the chairman has even the appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question. There is nothing to justify the unfortunate habit some chairmen have of constantly speaking on questions before the assembly, even interrupting the member who has the floor. One who expects to take an active part in debate should never accept the chair, or at least should not resume the chair, after having made his speech, until after the pending question is disposed of. 1 The presiding officer of a large assembly should never be chosen for any reason except his ability to preside.
The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity thereto, but he should be a man of executive ability, capable of controlling men. He should set an example of courtesy, and should never forget that to control others it is necessary to control one's self. A nervous, excited chairman can scarcely fail to cause trouble in a meeting. No rules will take the place of tact and common sense on the part of the chairman. While usually he need not wait for motions of routine, or for a motion to be seconded when he knows it is favored by others, yet if this is objected to, it is safer instantly to require the forms of parliamentary law to be observed. By general consent many things can be done that will save much time [see 48 ], but where the assembly is very large, or is divided and contains members who are habitually raising points of order, the most expeditious and safe course is to enforce strictly all the rules and forms of parliamentary law. He should be specially careful after every motion is made and every vote is taken to announce the next business in order. Whenever an improper motion is made, instead of simply ruling it out of order, it is well for the chairman to suggest how the desired object can be accomplished. [See "Hints to Inexperienced Chairman" below.]
The by-laws sometimes state that the president shall appoint all committees. In such case the assembly may authorize committees, but cannot appoint or nominate them. The president, however, cannot appoint any committees except those authorized by the by-laws or by a vote of the assembly. Sometimes the by-laws make
121 the president ex-officio a member of every committee. Where this is done he has the rights of other members of the committees but not the obligation to attend every committee meeting. [See 51 .]
A chairman will often find himself perplexed with the difficulties attending his position, and in such cases he will do well to remember that parliamentary law was made for deliberative assemblies, and not the assemblies for parliamentary law. This is well expressed by a distinguished English writer on parliamentary law, thus: " The great purpose of all rules and forms is to subserve the will of the assembly rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberative sense ."
Additional Duties of the President of a Society, and the Vice Presidents . In addition to his duties as presiding officer, in many societies the president has duties as an administrative or executive officer. Where this is desired, the by-laws should clearly set forth these duties, as they are outside of his duties as presiding officer of the assembly, and do not come within the scope of parliamentary law.
The same is true of vice presidents. Sometimes they have charge of different departments of work and they should be chosen with those duties in view as prescribed by the by-laws. It must not be forgotten that in the case of the absence of the president the first vice president must preside, and in case of the illness or resignation or death of the president that the first vice president becomes president for the unexpired term, unless the rules specify how vacancies shall be filled. In such case the second vice president becomes the first, and so on. It is a mistake to elect a vice president who is not competent to perform the duties of president.
Hints to Inexperienced Chairmen . While in the chair, have beside you your Constitution, By-laws, and Rules of Order, which should be studied until you are perfectly familiar with them. You cannot tell the moment you may need this knowledge. If a member asks what motion to make in order to attain a certain object, you should be able to tell him at once. You should memorize the list of ordinary motions arranged in their order of precedence, and should be able to refer to the Table of Rules so quickly that there will be no delay in deciding all points contained in it. Become familiar with the first ten sections of these Rules; they are simple, and will enable you more quickly to master parliamentary law. Read carefully sections 69-71 , so as to become accustomed to the ordinary methods of conducting business in deliberative assemblies. Notice that there are different ways of doing the same thing, all of which are allowable.
You should know all the business to come regularly before the meeting, and call for it in its regular order. Have with you a list of members of all committees, to guide you in nominating new committees.
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When a motion is made, do not recognize any member or allow any one to speak until the motion is seconded and you have stated the question; or, in case of there being no second and no response to your call for a second, until you have announced that fact; except in case of a main motion before it is seconded or stated some one rises and says he rises to move a reconsideration, or to call up the motion to reconsider, or to move to take a question from the table. In any of these cases you should recognize the interrupting member as entitled to the floor [ 3]. If you have made a mistake and assigned the floor to the wrong person, or recognized a motion that was not in order, correct the error as soon as your attention is called to it. So, when a vote is taken, announce the result and also what question, if any, is then pending, before recognizing any member that addresses the chair. Never wait for mere routine motions to be seconded, when you know no one objects to them. [See 8.]
If a member ignorantly makes an improper motion, do not rule it out of order, but courteously suggest the proper one. If it is moved "to lay the question on the table until 3 P.M.," as the motion is improper, ask if the intention is "to postpone the question to 3 P.M.;" if the answer is yes, then state that the question is on the postponement to that time. If it is moved simply "to postpone the question," without stating the time, do not rule it out of order, but ask the mover if he wishes "to postpone the question indefinitely" (which kills it), or "to lay it on the table" (which enables it to be taken up at any other time); then state the question in accordance with the motion he intended to make. So, if after a report has been presented and read, a member moves that "it be received," ask him if he means to move "its adoption" (or "acceptance," which is the same thing), as the report has been already received. No vote should be taken on receiving a report, which merely brings it before the assembly, and allows it to be read, unless some one objects to its reception.
The chairman of a committee usually has the most to say in reference to questions before the committee; but the chairman of an ordinary deliberative assembly, especially a large one, should, of all the members, have the least to say upon the merits of pending questions.
Never interrupt members while speaking, simply because you know more about the matter than they do; never get excited; never be unjust to the most troublesome member, or take advantage of his ignorance of parliamentary law, even though a temporary good is accomplished thereby.
Know all about parliamentary law, but do not try to show off your knowledge. Never be technical, or more strict than is absolutely necessary for the good of the meeting. Use your judgment; the assembly may be of such a nature through its ignorance of parliamentary usages and peaceable disposition, that a strict enforcement of the rules, instead of assisting, would greatly hinder business; but in large assemblies, where
123 there is much work to be done, and especially where there is liability to trouble, the only safe course is to require a strict observance of the rules.
1. "Though the Speaker (Chairman) may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact." [Jefferson's Manual, sec. XVII.]
"It is a general rule in all deliberative assemblies, that the presiding officer shall not participate in the debate or other proceedings, in any other capacity than as such officer. He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding when called upon for that purpose, or when he finds it necessary to do so; and, on appeals from his decision on questions of order, to address the assembly in debate. [Cushing's Manual, §202.]
59. Secretary, or Clerk . The recording officer is variously called Clerk, or Secretary, or Recording Secretary (where there is also a Corresponding Secretary), or Recorder, or Scribe, etc. The secretary is the recording officer of the assembly and the custodian of its records except such as are specifically assigned to others, as the treasurer's books. These records are open, however, to inspection by any member at reasonable times, and where a committee needs any records of a society for the proper performance of its duties, they should be turned over to its chairman. The same principle applies in boards and committees, their records being accessible to members of the board or committee, as the case may be, but to no others.
In addition to keeping the records of the society and the minutes of the meetings, it is the duty of the secretary to keep a register, or roll, of the members and to call the roll when required; to notify officers, committees, and delegates of their appointment, and to furnish committees with all papers referred to them, and delegates with credentials; and to sign with the president all orders on the treasurer authorized by the society, unless otherwise specified in the by-laws. He should also keep one book in which the constitution, by-laws, rules of order, and standing rules should all be written, leaving every other page blank; and whenever an amendment is made to any of them, in addition to being recorded in the minutes it should be immediately entered on the page opposite to the article amended, with a reference, in red ink, to the date and page of the minutes where it is recorded.
In addition to the above duties, when there is only one secretary, it is his duty to send out proper notices of all called meetings, and of other meetings when necessary, and to conduct the correspondence of the society, except as otherwise provided. Where there is a Corresponding Secretary these duties devolve on him, as well as such others as are prescribed by the by-laws. The by-laws should always clearly define the additional duties 124 of the corresponding secretary if any are to be imposed on him. When the word "secretary" is used it always refers to the recording secretary if there is more than one.
The secretary should, previous to each meeting, for the use of the chairman, make out an order of business [65 ], showing in their exact order what is necessarily to come before the assembly. He should also have, at each meeting, a list of all standing committees, and such special committees as are in existence at the time, as well as the by-laws of the organization and its minutes. His desk should be near that of the chairman, and in the absence of the chairman (if there is no vice president present), when the hour for opening the session arrives, it is his duty to call the meeting to order, and to preside until the election of a chairman pro tem., which should take place immediately. He should keep a record of the proceedings, stating what was done and not what was said, unless it is to be published, and never making criticisms, favorable or otherwise, on anything said or done. This record, usually called the minutes, is kept as explained in the next section. When a committee is appointed, the secretary should hand the names of the committee, and all papers referred to it, to the chairman of the committee, or some other of its members. He should indorse on the reports of committees the date of their reception, and what further action was taken upon them, and preserve them among the records, for which he is responsible. It is not necessary to vote that a report be "placed on file," as that should be done without a vote, except in organizations that habitually keep no records except their minutes and papers ordered on file.
60. The Minutes . The record of the proceedings of a deliberative assembly is usually called the Minutes, or the Record, or the Journal. The essentials of the record are as follows: (a) the kind of meeting, "regular" (or stated) or "special," or "adjourned regular" or "adjourned special"; (b) name of the assembly; (c) date of meeting and place, when it is not always the same; (d) the fact of the presence of the regular chairman and secretary, or in their absence the names of their substitutes, (e) whether the minutes of the previous meeting were approved, or their reading dispensed with, the dates of the meetings being given when it is customary to occasionally transact business at other than the regular business meetings; (f) all the main motions (except such as were withdrawn) and points of order and appeals, whether sustained or lost, and all other motions that were not lost or withdrawn; (g) and usually the hours of meeting and adjournment, when the meeting is solely for business. Generally the name is recorded of the member who introduced a main motion, but not of the seconder.
In some societies the minutes are signed by the president in addition to the secretary, and when published they should always be signed by both officers. If minutes are not habitually approved at the next meeting, then
125 there should be written at the end of the minutes the word "Approved" and the date of the approval, which should be signed by the secretary. They should be entered in good black ink in a wellbound record-book. 1
The Form of the Minutes may be as follows:
At a regular meeting of the M. L. Society, held in their hall, on Thursday evening, March 19, 1914, the president in the chair, and Mr. N acting as secretary, the minutes of the previous meeting were read and approved. The Committee on Applications reported the names of Messrs. C and D as applicants for membership, and on motion of Mr. F they were admitted as members. The committee on ...... reported through Mr. G a series of resolutions, which were thoroughly discussed and amended, and finally adopted, as follows:
Resolved, That...... On motion of Mr. L the society adjourned at 10 P.M.
R...... N...... Secretary.
In keeping the minutes, much depends upon the kind of meeting, and whether the minutes are to be published. In the meetings of ordinary societies and of boards of managers and trustees, there is no object in reporting the debates; the duty of the secretary, in such cases, is mainly to record what is "done" by the assembly, and not what is said by the members. He should enter the essentials of a record, as previously stated, and when a count has been ordered or where the vote is by ballot, he should enter the number of votes on each side; and when the voting is by yeas and nays he should enter a list of the names of those voting on each side. The proceedings of the committee of the whole. or while acting as if in committee of the whole, should not be entered in the minutes, but the report of the committee should be entered. When a question is considered informally, the proceedings should be kept as usual, as the only informality is in the debate. If a report containing resolutions has been agreed to, the resolutions should be entered in full as finally adopted by the assembly, thus: "The committee on ..... submitted a report with a series of resolutions which, after discussion and amendment, were adopted as follows:" then should be entered the resolutions as adopted. Where the proceedings are published, the method shown further on should be followed. If the report is of great importance the assembly should order it "to be entered on the minutes," in which case the secretary copies it in full upon the record.
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Where the regular meetings are held weekly, monthly, or quarterly, the minutes are read at the opening of each day's meeting, and, after correction. should be approved. Where the meetings are held several days in succession with recesses during the day, the minutes are read at the opening of business each day. If the next meeting of the organization will not be held for a long period, as six months or a year. the minutes that have not been read previously should be read and approved before final adjournment. If this is impracticable, then the executive committee. or a special committee, should be authorized to correct and approve them. In this case the record should be signed as usual, and after the signatures the word "Approved," with the date and the signature of the chairman of the committee authorized to approve them. At the next meeting, six months later, they need not be read, unless it is desired for information as it is too late to correct them intelligently. When the reading of the minutes is dispensed with they can afterwards be taken up at any time when nothing is pending. If not taken up previously, they come before the assembly at the next meeting before the reading of the later minutes. With this exception the motion to dispense with reading the minutes is practically identical with the motion to lay the minutes on the table, being undebatable and requiring only a majority vote. The minutes of a secret meeting, as for the trial of a member, should not be read at a meeting that is open to the public, if the record contains any of the details of the trial that should not be made public.
Minutes to be Published . When the minutes are to be published. in addition to the strict record of what is done, as heretofore described. they should contain a list of the speakers on each side of every question, with an abstract of all addresses, if not the addresses in full, when written copies are furnished. In this case the secretary should have an assistant. With some annual conventions it is desired to publish the proceedings in full. In such cases it is necessary to employ a stenographer as assistant to the secretary. Reports of committees should be printed exactly as submitted, the minutes showing what action was taken by the assembly in regard to them; or, they may be printed with all additions in italics and parts struck out enclosed in brackets in which case a note to that effect should precede the report or resolutions. In this way the reader can see exactly what the committee reported and also exactly what the assembly adopted or endorsed.
1. In many organizations it is preferable for the secretary to keep his original pencil notes in a pocket memorandum book which he carries to every meeting, and these original notes, as corrected, are approved and then copied into the permanent records. This plan usually results in neater records, but the original notes should be kept until they are carefully compared with the permanent records. In such case it is better to have the minutes signed by both president and secretary as a guarantee against errors in copying.
61. The Executive Secretary is usually a salaried officer paid to give up all his time to the work as executive officer, or general manager, of an organization under a board of managers and an executive committee [50 ]. In 127 some organizations this officer is called Corresponding Secretary, but the title of corresponding secretary does not carry with it any duty except that of conducting the correspondence of the society as explained in 59:3 , unless it is prescribed by the by-laws. The office of the executive secretary is usually the only office of the organization, and there the Executive Committee meets and transacts its business. The board of managers in such cases is usually large and so scattered as never to have regular meetings oftener than quarterly. When the organization is a national one it usually meets just before the annual convention, when it hears the annual report, prepared by the executive secretary and previously adopted by the executive committee, and acts upon it. The new board meets immediately after the convention, and organizes, elects an executive committee and an executive secretary, when so authorized by the by-laws, and decides upon the general policy for the year, leaving the details to the executive committee and the executive secretary. The board rarely meets oftener than once or twice in addition to the meetings in connection with the annual meeting, special meetings, however, being called, when required, as provided by its by-laws. In some organizations the executive secretary is elected by the convention. He is usually ex-officio secretary of the executive committee. The members of the executive committee giving their time gratuitously, it is the duty of the executive secretary to prepare for the committee all business that has not been assigned to others, and to see that all its instructions are carried out. He is expected to recommend plans of work and conduct the business generally, under the executive committee, and prepare the annual report, which, after being adopted by the executive committee, should be adopted by the board, whose report it is, and then be submitted to the convention.
62. Treasurer . The duties of this officer vary in different societies. In probably the majority of cases he acts as a banker, merely holding the funds deposited with him and paying them out on the order of the society signed by the president and the secretary. He is always required to make an annual report, and in many societies he also makes a quarterly report which may be in the form given below. If the society has auditors the report should be handed to them, with the vouchers, in time to be audited before the meeting. The auditors having certified to its correctness, submit their report, and the chair puts the question on adopting it, which has the effect of approving the treasurer's report, and relieving him from responsibility in case of loss of vouchers, except in case of fraud. If there are no auditors the report when made should be referred to an auditing committee, who should report on it later.
It should always be remembered that the financial report is made for the information of members. The details of dates and separate payments for the same object are a hindrance to its being understood, and are useless, as it is the duty of the auditing committee to examine into details and see if the report is correct. The best form for these financial reports depends upon the kind of society, and is best determined by examining those
128 made in similar societies. The following brief report is in a form adapted to many societies where the financial work is a very subordinate part of their work:
REPORT OF THE TREASURER OF THE M. L. SOCIETY FOR THE QUARTER ENDING MARCH 31, 1914.
Receipts.
Balance on hand January 1, 1914.... $ 25.75 Initiation fees ...... $ 50.00 Members' dues ...... 150.00 Fines ...... 10.50 210.50
Total ...... $236.25 Disbursements.
Rent of Hall...... $ 80.00 Electric lights ...... 22.00 Stationery and Printing...... 15.00 Repair of Furniture...... 10.00 Janitor ...... 60.00 $187.00
Balance on hand March 31, 1914..... 49.25 Total...... 236.25
S...... M...... , Treasurer
Examined and found correct. R...... V...... } J...... L...... } Auditing Committee.
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Art. XI. Miscellaneous. 63 . Session 64 . Quorum 65 . Order of Business 66 . Nominations and Elections 67 . Constitutions, By-laws, Rules of Order, and Standing Rules 68 . Amendments of Constitutions, By-laws and Rules of Order
63. A Session of an assembly is a meeting which, though it may last for days, is virtually one meeting , as a session of a convention; or even months, as a session of Congress; it terminates by an "adjournment sine die (without day)." The intermediate adjournments from day to day, or the recesses taken during the day, do not destroy the continuity of the meetings, which in reality constitute one session. Any meeting which is not an adjournment of another meeting commences a new session. In the case of a permanent society, whose by- laws provide for regular meetings every week, month, or year, for example, each meeting constitutes a separate session of the society, which session, however, can be prolonged by adjourning to another day.
In this Manual the term Meeting is used to denote an assembling of the members of a deliberative assembly for any length of time, during which there is no separation of the members except for a recess of a few minutes, as the morning meetings, the afternoon meetings, and the evening meetings, of a convention whose session lasts for days. A "meeting" of an assembly is terminated by a temporary adjournment or a recess for a meal, etc.; a "session" of an assembly ends with an adjournment without day, and may consist of many meetings. So an adjournment to meet again at some other time, even the same day, unless it was for only a few minutes, terminates the meeting, but not the session, which latter includes all the adjourned meetings. The next meeting, in this case, would be an "adjourned meeting" of the same session.
In ordinary practice a meeting is closed by moving simply "to adjourn;" the society meets again at the time provided either by the rules or by a resolution of the society. If it does not meet till the time for the next regular meeting as provided in the by-laws, then the adjournment closes the session, and was in effect an adjournment without day. If, however, it had previously fixed the time for the next meeting, either by a direct vote or by adopting a program of exercise covering several meetings, or even days, in either case the adjournment is in effect to a certain time, and while closing the meeting does not close the session.
In such common expressions as quarterly meeting and annual meeting the word meeting is used in the sense of the parliamentary session , and covers all the adjourned meetings. Thus, business that legally must be done
130 at the annual meeting may be done at any time during the session beginning at the time specified for the annual meeting, though the session, by repeated adjournments, may last for days. The business may be postponed to the next regular meeting, if desired.
Under Renewal of Motions is explained what motions can be repeated during the same session, and also the circumstances under which certain motions cannot be renewed until after the close of the next succeeding session.
A rule or resolution of a permanent nature may be adopted by a majority vote at any session of a society, and it will continue in force until it is rescinded. But such a standing rule does not materially interfere with the rights of a future session, as by a majority vote it may be suspended so far as it affects that session; and, it may be rescinded by a majority vote, if notice of the proposed action was given at a previous meeting, or in the notice of the meeting; or, without any notice, it may be rescinded by a majority of the entire membership, or by a two-thirds vote. If it is desired to give greater stability to a rule it is necessary to place it in the constitution by-laws, or rules of order, all of which are so guarded by requiring notice of amendments, and at least a two- thirds vote for their adoption, that they are not subject to sudden changes, and may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting.
In case of the illness of the presiding officer the assembly cannot elect a chairman pro tem. to hold office beyond the session, unless notice of the election was given at the previous meeting or in the call for this meeting. So it is improper for an assembly to postpone anything to a day beyond the next succeeding session, and thus attempt to prevent the next session from considering the question. On the other hand, it is not permitted to move the reconsideration of a vote taken at a previous session, though the motion to reconsider can be called up, provided it was made during the previous session in a society having meetings as often as quarterly. Committees can be appointed to report at a future session.
NOTE ON SESSION. -- In Congress, and in fact all legislative bodies, the limits of the sessions are clearly defined; but in ordinary societies having a permanent existence, with regular meetings more or less frequent, there appears to be some confusion upon the subject. Any society is competent to decide what shall constitute one of its sessions, but, where there is no rule on the subject, the common parliamentary law would make each of its regular or special meetings a separate session, as they are regarded in this Manual.
The disadvantages of a rule making a session include all the meetings of an ordinary society, held during a long time, as one year, are very great. If an objection to the consideration of a question as been sustained, or if a 131 question has been adopted, or rejected, or postponed indefinitely, the question cannot again be brought before the assembly for its consideration during the same session. If a session lasted for a long period, a temporary majority could forestall the permanent majority, and introduce and act on a number of questions favored by the majority, and thus prevent the society from dealing with those subjects for the long period of the session. If members of any society take advantage of the freedom allowed by considering each regular meeting a separate session, and repeatedly renew obnoxious or unprofitable motions, the society can adopt a rule prohibiting the second introduction of any main question within, say, three months after its rejection, or indefinite postponement, or after the society has refused to consider it. But generally it is better to suppress the motion by refusing to consider it.
64. A Quorum of an assembly is such a number as must be present in order that business can be legally transacted. The quorum refers to the number present, not to the number voting. The quorum of a mass meeting is the number present at the time, as they constitute the membership at that time. The quorum of a body of delegates, unless the by-laws provide for a smaller quorum, is a majority of the number enrolled as attending the convention, not those appointed. The quorum of any other deliberative assembly with an enrolled membership (unless the by-laws provide for a smaller quorum) is a majority of all the members. In the case, however, of a society, like many religious ones, where there are no annual dues, and where membership is for life (unless it is transferred or the names are struck from the roll by a vote of the society) the register of members is not reliable as a list of the bona fide members of the society, and in many such societies it would be impossible to have present at a business meeting a majority of those enrolled as members. Where such societies have no by-law establishing a quorum, the quorum consists of those who attend the meeting, provided it is either a stated meeting or one that has been properly called.
In all ordinary societies the by-laws should provide for a quorum as large as can be depended upon for being present at all meetings when the weather is not exceptionally bad. In such an assembly the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quorum. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix the time to which to-adjourn, and to adjourn, or to take a recess. Unanimous consent cannot be given when a quorum is not present, and a notice given then is not valid. In the case of an annual meeting, where certain business for the year, as the election of officers, must be attended to during the session, the meeting should fix a time for an adjourned meeting and then adjourn.
In an assembly that has the power to compel the attendance of its members, if a quorum is not present at the appointed hour, the chairman should wait a few minutes before taking the chair. In the absence of a quorum 132 such an assembly may order a call of the house and thus compel attendance of absentees, or it may adjourn, providing for an adjourned meeting if it pleases.
In committee of the whole the quorum is the same as in the assembly; if it finds itself without a quorum it can do nothing but rise and report to the assembly, which then adjourns. In any other committee the majority is a quorum, unless the assembly order otherwise, and it must wait for a quorum before proceeding to business. Boards of trustees, managers, directors, etc., are on the same footing as committees as regards a quorum. Their power is delegated to them as a body, and their quorum, or what number shall be present, in order that they may act as a board or committee, cannot be determined by them, unless so provided in the by-laws.
While no question can be decided in the absence of a quorum excepting those mentioned above, a member cannot be interrupted while speaking in order to make the point of no quorum. The debate may continue in the absence of a quorum until some one raises the point while no one is speaking.
While a quorum is competent to transact any business, it is usually not expedient to transact important business unless there is a fair attendance at the meeting, or else previous notice of such action has been given.
Care should be taken in amending the rule providing for a quorum. If the rule is struck out first, then the quorum instantly becomes a majority of all the members, so that in many societies it would be nearly impracticable to secure a quorum to adopt a new rule. The proper way is to amend by striking out certain words (or the whole rule) and inserting certain other words (or the new rule), which is made and voted on as one question.
NOTE ON QUORUM. -- After all the members of an organization have had reasonable notice of a meeting, and ample opportunity for discussion, if a majority of the total membership of the organization come to a certain decision, that must be accepted as the action or opinion of that body. But, with the exception of a body of delegates, it is seldom that a vote as great as a majority of the total membership of a large voluntary organization call be obtained for anything, and consequently there has been established a common parliamentary law principle, that if a bare majority of the membership is present at a meeting properly called or provided for, a majority vote (which means a majority of those who vote) shall be sufficient to make the act the act of the body, unless it suspends a rule or a right of a member (as the right to introduce questions and the right of free discussion before being required to vote on finally disposing of a question) and that a two- thirds vote shall have the power to suspend these rules and rights. This gives the right to act for the society to about one-fourth of its members in ordinary cases, and to about one-third of its members in case of suspending the rules and certain rights. But it has been found impracticable to accomplish the work of most 133 voluntary societies if no business can be transacted unless a majority of the members is present. In large organizations, meeting weekly or monthly for one or two hours, it is the exception when a majority of the members is present at a meeting, and therefore it has been found necessary to require the presence of only a small percentage of the members to enable the assembly to act for the organization, or, in other words, to establish a small quorum. ln legislative bodies in this country, which are composed of members paid for their services, it is determined by the constitutions to be a majority of their members. Congress in 1861 decided this to be a majority of the members chosen. In the English House of Commons it is 40 out of nearly 700, being about 6% of the members, while in the House of Lords the quorum is 3, or about one-half of 1% of the members. Where the quorum is so small it has been found necessary to require notice of all bills, amendments, etc., to be given in advance; and even in Congress, With its large quorum, one day's notice has to be given of any motion to rescind or change any rule or standing order. This principle is a sound one, particularly with societies meeting monthly or weekly for one or two hours, and with small quorums, where frequently the assembly is no adequate representation of the society. The difficulty in such cases may be met in societies adopting this Manual by the proper use of the motion to reconsider and have entered on the minutes as explained in 36:13 .
65. Order of Business . It is customary for every society having a permanent existence to adopt an order of business for its meetings. When no rule has been adopted, the following is the order:
(1) Reading the Minutes of the previous meeting [and their approval]. (2) Reports of Boards and Standing Committees. (3) Reports of Special (Select) Committees. (4) Special Orders. (5) Unfinished Business and General Orders (6) New Business.
The minutes are read only once a day at the beginning of the day's business. The second item includes the reports of all Boards of Managers, Trustees, etc., as well as reports of such officers as are required to make them. The fifth item includes, first, the business pending and undisposed of at the previous adjournment; and then the general orders that were on the calendar for the previous meeting and were not disposed of; and finally, matters postponed to this meeting that have not been disposed of.
The secretary should always have at every meeting a memorandum of the order of business for the use of the presiding officer, showing everything that is to come before the meeting. The chairman, as soon as one thing is
134 disposed of, should announce the next business in order. When reports are in order he should call for the different reports in their order, and when unfinished business is in order he should announce the different questions in their proper order, as stated above, and thus always keep the control of the business.
If it is desired to transact business out of its order, it is necessary to suspend the rules [ 22], which can be done by a two-thirds vote But, as each resolution or report comes up, a majority can at once lay it on the table, and thus reach any question which it desires first to dispose of. It is improper to lay on the table or to postpone a class of questions like reports of committees, or in fact anything but the question before the assembly.
66. Nominations and Elections . Before proceeding to an election to fill an office it is customary to nominate one or more candidates. This nomination is not necessary when the election is by ballot or roll call, as each member may vote for any eligible person whether nominated or not. When the vote is viva voce or by rising, the nomination is like a motion to fill a blank, the different names being repeated by the chair as they are made, and then the vote is taken on each in the order in which they were nominated, until one is elected. The nomination need not be seconded. Sometimes a nominating ballot is taken in order to ascertain the preferences of the members. But in the election of the officers of a society it is more usual to have the nominations made by a committee. When the committee makes its report, which consists of a ticket, the chair asks if there are any other nominations, when they may be made from the floor. The committee's nominations are treated just as if made by members from the floor, no vote being taken on accepting them. When the nominations are completed the assembly proceeds to the election, the voting being by any of the methods mentioned under Voting, unless the by-laws prescribe a method. The usual method in permanent societies is by ballot, the balloting being continued until the offices are all filled. An election takes effect immediately if the candidate is present and does not decline, or if he is absent and has consented to his candidacy. If he is absent and has not consented to his candidacy, it takes effect when he is notified of his election, provided he does not decline immediately. After the election has taken effect and the officer or member has learned the fact, it is too late to reconsider the vote on the election. An officer-elect takes possession of his office immediately, unless the rules specify the time. In most societies it is necessary that this time be clearly designated.
67. Constitutions, By-laws, Rules of Order, and Standing Rules . The rules of a society, in a majority of cases, may be conveniently divided into these four classes, though in some societies all the rules are found under one of these heads, being called either the constitution, or the by-laws, or the standing rules.
Such provisions in regard to the constitution, etc., as are of a temporary nature should not be placed in the constitution, etc., but should be included in the motion to adopt, thus: "I move the adoption of the
135 constitution reported by the committee and that the four directors receiving the most votes shall serve for three years, the four receiving the next largest numbers shall serve for two years, and the next four for one year, and that where there is a tie the classification shall be by lot;" or, "I move the adoption, etc...... and that Article III, shall not go into effect until after the close of this annual meeting." Or, if the motion to adopt has been made, it may be amended so as to accomplish the desired object.
Constitutions . An incorporated society frequently has no constitution, the charter taking its place, and many others prefer to combine under one head the rules that are more commonly placed under the separate heads of constitution and by-laws. There is no objection to this unless the by-laws are elaborate, when it is better to separate the most important rules and place them in the constitution. The constitution should contain only the following:
(1) Name and object of the society. (2) Qualification of members. (3) Officers and their election. (4) Meetings of the society (including only what is essential, leaving details to the by-laws). (5) How to amend the constitution.
These can be arranged in five articles, or, the first one may be divided into two, in which case there would be six articles. Usually some of the articles should be divided into sections. Nothing should be placed in the constitution that may be suspended, except in the case of requiring elections of officers to be by ballot, in which case the requirement may be qualified so as to allow the ballot to be dispensed with by a unanimous vote when there is but one candidate for the office. The officers and board of managers or directors of an organization that meets only annually in convention, and the chairmen of such committees as it has authorized and has required to report to the convention, should be, if present at the convention, ex-officio members thereof, and provision for this should be made in the constitution. The constitution should require previous notice of an amendment and also a two-thirds or three-fourths vote for its adoption. Where the meetings are frequent, an amendment should not be allowed to be made except at a quarterly or annual meeting, after having been proposed at the previous quarterly meeting. [See Amendments to Constitutions, etc., 68 .]
By-laws should include all the rules that are of such importance that they cannot be changed in any way without previous notice, except those placed in the constitution and the rules of order. Few societies adopt any special rules of order of their own under that name, contenting themselves with putting a few such rules in
136 their by-laws and then adopting some standard work on parliamentary law as their authority. When a society is incorporated the charter may take the place of the constitution, and in such a case the by-laws would contain all the rules of the society, except those in the charter that cannot be changed without previous notice. The by-laws should always provide for their amendment as shown in 68 , and also for a quorum, 64 . If it is desired to permit the suspension of any by-law it should be specifically provided for. By-laws, except those relating to business procedure, cannot be suspended, unless they expressly provide for their suspension. By- laws in the nature of rules of order may be suspended by a two-thirds vote, as stated in 22 .
The duties of the presiding and recording officers of a deliberative assembly are defined in 58 and 59 . But in many societies other duties are required of the president and the secretary, and these, together with the duties of the other officers, if any, should be defined in the by-laws. If a society wishes to provide for honorary officers or members, it is well to do so in the by-laws. Unless the by-laws state the contrary, these positions are simply complimentary, carrying with them the right to attend the meetings and to speak, but not to make motions or to vote. Honorary presidents and vice presidents should sit on the platform, but they do not, by virtue of their honorary office, preside. An honorary office is not strictly an office, and in no way conflicts with a member's holding a real office, or being assigned any duty whatever, the same as if he did not hold the honorary office. Like a college honorary degree, it is perpetual, unless rescinded. So it is proper, where desired, to include in the published list of honorary officers the names of all upon whom the honor has been conferred, even though deceased.
Rules of Order should contain only the rules relating to the orderly transaction of business in the meetings and to the duties of the officers. There is no reason why most of these rules should not be the same for all ordinary societies, and there is a great advantage in uniformity of procedure, so far as possible, in all societies all over the country. Societies should, therefore, adopt some generally accepted rules of order, or parliamentary manual, as their authority, and then adopt only such special rules of order as are needed to supplement their parliamentary authority. Every society, in its by-laws or rules of order, should adopt a rule like this: "The rules contained in [specifying the work on parliamentary practice] shall govern the society in all cases to which they are applicable, and in which they are not inconsistent with the by-laws or the special rules of order of this society." Without such a rule, any one so disposed can cause great trouble in a meeting.
Standing Rules should contain only such rules as may be adopted without previous notice by a majority vote at any business meeting. The vote on their adoption, or their amendment, before or after adoption, may be reconsidered. At any meeting they may be suspended by a majority vote, or they may be amended or rescinded by a two-thirds vote. If notice of the proposed action was given at a previous meeting or in the call 137 for this meeting, they may be amended or rescinded by a majority vote. As a majority may suspend any of them for that meeting, these rules do not interfere with the freedom of any meeting and therefore require no notice in order to adopt them. Generally they are not adopted at the organization of a society, but from time to time as they are needed. Sometimes the by-laws of a society are called standing rules, but it is better to follow the usual classification of rules as given in this section. The following is an example of a standing rule:
Resolved, That the meetings of this society from April 1 to September 30 shall begin at 7:30 P.M., and during the rest of the year at 8 P.M.
No standing rule, or resolution, or motion is in order that conflicts with the constitution, or by-laws, or rules of order, or standing rules.
68. Amendments of Constitutions, By-laws, and Rules of Order . Constitutions, by-laws, and rules of order, that have been adopted and contain no rule for their amendment, may be amended at any regular business meeting by a vote of the majority of the entire membership; or, if the amendment was submitted in writing at the previous regular business meeting, then they may be amended by a two-thirds vote of those voting, a quorum being present. But each society should adopt rules for the amendment of its constitution, by-laws, and rules of order, adapted to its own case, but always requiring previous notice and a two-thirds vote. Where assemblies meet regularly only once a year, the constitution, etc., should provide for copies of the amendment to be sent with the notices to the members or the constituency, instead of requiring amendments to be submitted at the previous annual meeting. The requirements should vary to suit the needs of each assembly, always providing for ample notice to the members or the constituency. In societies having very frequent meetings, and also monthly or quarterly meetings more especially devoted to business, it is well to allow amendments to the by-laws, etc., to be adopted only at the quarterly or annual meetings. In specifying when the amendment must be submitted, "the previous regular meeting" should be used instead of "a previous regular meeting," as in the latter case action on the amendment might be delayed indefinitely to suit the mover, and the object of giving notice be defeated. In prescribing the vote necessary for the adoption of an amendment, the expression "a vote of two-thirds of the members should never be used in ordinary societies, especially in large organizations with quorums smaller than a majority of the membership, as in such societies it is seldom that two-thirds of the members -- that is, two-thirds of the entire membership -- is ever present at a meeting. If it is desired to require a larger vote than two-thirds (that is, two-thirds of the votes cast, a quorum being present), the expression "a vote of two-thirds of the members present," should be used. Instead of submitting the amendment in writing, sometimes only notice, or written notice, of an amendment is
138 required. Unless the notice is required to be in writing it may be given orally. In any case, only the purport of the amendment is necessary, unless the rule requires that the amendment itself shall be submitted.
If a committee is appointed to revise the by-laws and report at a certain meeting, this would be all the notice required, and the amendments could be immediately acted upon, if the by-laws required only previous notice of an amendment. But if they required the amendment, or "notice of such amendment," to be submitted at the previous regular meeting, the revision could not be taken up until the next regular meeting after the committee had submitted its report. The committee may submit a substitute for the by-laws unless it is limited as to its report, as a substitute is an amendment. Great care should be exercised in amending constitutions, etc., to comply with every rule in regard to their amendment.
An amendment to the constitution, or anything else that has already been adopted, goes into effect immediately upon its adoption, unless the motion to adopt specifies a time for its going into effect, or the assembly has previously adopted a motion to that effect. While the amendment is pending, a motion may be made to amend by adding a proviso similar to this, "Provided, that this does not go into effect until after the close of this annual meeting." Or, while the amendment is pending, an incidental motion may be adopted that in case the amendment is adopted it shall not take effect until a specified time. This requires only a majority vote.
Amending a proposed amendment to the constitution , etc., may be accomplished by a majority vote, without notice, subject to certain restrictions. The assembly is not limited to adopting or rejecting the amendment just as it is proposed, but no amendment is in order that increases the modification of the rule to be amended, as otherwise advantage could be taken of this by submitting a very slight change that would not attract attention and then moving the serious modification as an amendment to the amendment.
Thus, if the by-laws placed the annual dues of members at $2.00, and an amendment is pending to strike out 2 and insert 5, an amendment would be in order to change the 5 to any number between 2 and 5; but an amendment would not be in order that changed the 5 to any number greater than 5 or less than 2. Had notice been given that it was proposed to increase the dues to more than 5 dollars, or to reduce them below 2 dollars, members might have been present to oppose the change, who did not attend because they were not opposed to an increase as high as 5 dollars. The same principle applies to an amendment in the nature of a substitute, the proposed substitute being open to amendments that diminish the changes, but not to amendments that increase those that are proposed, or introduce new changes. Thus, if an amendment is pending, substituting a new rule for one that prescribes the initiation fee and annual dues, and the substitute
139 does not change the annual dues, then a motion to amend it so as to change the annual dues would be out of order. The notice must be sufficiently definite to give fair warning to all parties interested as to the exact points that are to be modified. The proposed amendment is a main motion, and that is the only question before the assembly. It is subject to amendments of the first and second degree, like other main motions, and no amendment that is not germane to it is in order.
A society can amend its constitution and by-laws so as to affect the emoluments and duties of officers already elected, or even to do away with the office altogether. If it is desired that the amendment should not affect officers already elected, a motion to that effect should be adopted before voting on the amendment; or the motion to amend could have added to it the proviso that it should not affect officers already elected. There is something in the nature of a contract between a society and its officers which either one can modify to some extent, or even terminate, but it must be done with reasonable consideration for the other party. A secretary, for instance, has no right to refuse to perform his duties on the ground that he has handed in his resignation. On the other hand, the society cannot compel him to continue in office beyond a reasonable time to allow for choosing his successor.
Care should be exercised in wording the sections providing for amending the constitution, etc, to avoid such tautology as "amend, or add to, or repeal," or "alter or amend," or "amend or in any way change." The one word amend covers any change whatever in the constitution, etc., whether it is a word or a paragraph that is added or struck out, or replaced by another word or paragraph, or whether a new constitution, etc., is substituted for the old one.
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Annual Digest Process
General Procedures Sales Ratio
48-5-263(b)(9): (9) Compile sales ratio data and furnish the data to the commissioner as directed by the commissioner;
560-11-10-.09(b)(5)Sales ratio applications. The appraisal staff shall conduct sales ratio studies to periodically measure the quality of their appraisals relative to the market. Such studies should be designed to measure whether appraisals meet the overall legal standards provided in Rule 560-11-2-.56 and provide more precise analysis of the quality of appraisals within and between market strata used by the appraisal staff to compare properties. When sales ratio studies reveal excessive inequities within a stratum, the appraisal staff should consider reappraising the properties in the stratum. When such studies reveal excessive inequities between strata, and there is acceptable uniformity within the strata, the appraisal staff should consider trending to correct this uniformity problem.
560-11-10-.09(5): Final estimate of fair market value. After completing all calculations, considering the information supplied by the property owner, and considering the reliability of sales, cost, income and expense information, the appraisal staff will correlate any values indicated by those approaches to value that are deemed to have been appropriate for the subject property and form their opinion of the fair market value. The appraisal staff shall present the resulting proposed assessment, along with all supporting documentation, to the board of tax assessors for an assessment to be made by that board.
The BOA should review and document annual sales ratios generated before and after value changes have been made. The review should be noted in the BOA minutes and the actual sales ratios reviewed should be attached and or embedded to the BOA minutes. Sales ratios should be presented and run by property class; residential (R), agricultural (A), commercial (C), and industrial (I). Additional sales ratios by neighborhood and/or subdivision could also be presented for review. Formulas used in calculating sales ratios are as follows:
ASSESSMENT Appra ised Value * .40 RATIO Assessment ÷ Sales Price (rounded to 4 decimals) MEAN Sum of ratios ( ∑ R) ÷ Number of Ratios (N) MEDIAN Physical midpoint of an array of ratios AGGREGATE RATIO Sum of assessment ÷ sum of sales prices DEVIATION Absolute value of median ratio - ratio MEAN DEVIATION Sum of deviations ÷ number of ratios COEFFICIENT OF DISPE RSION Mean deviation ÷ median ratio PRICE RELATED DIFFENRENTIAL Mean ratio ÷ aggregate ratio
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Acceptable statics for sales ratios are as follows:
MEAN .3600 - .4400 MEDIAN .3600 - .4400 AGGREGATE RATIO .3600 - .4400 COEFFICIENT OF DISPE RSION .15 For Residential .20 For all other digest classes PRICE RELATED DIFFENRENTIAL .95 – 1.10
Sample Sales Ratios
By Property Class (County lumped commercial and industrial together due to small number of sales)
BEFORE Class Sale Count Median Aggregate COD PRD
RES (R) 370 0.4028 0.4042 0.198 1.0441 AGR (A) 42 0.4065 0.427 0 0.342 0.9482 COM/IND (C,I) 20 0.3945 0.4262 0.2244 0.9639
Overall 434 0.4028 0.4086 0.2134 1.0263
AFTER Class Sale Count Median Aggregate COD PRD
RES (R) 377 0.4008 0.3887 0.1849 1.0595 AGR (A) 43 0.4219 0.4135 0.2821 0.9723 COM/IND (C,I) 23 0.41 00 0.4431 0.252 0 1.007 0
Overall 445 0.4008 0.3949 0.1999 1.0438
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By Subdivision
BEFORE Median (100%) 74.78% COD 0.3300%Mean_Deviation 0.0010 Mean (100%) 74.80% PRD 1.0000 Aggregate (100%) 74.80% Median (40%) 29.91% Mean (40%) 29.92% Aggregate (40%) 29.92% 302,667 90,544 2.0943 0.0070 Parcel / Lot Nbhd Saleprice Val Sale_Type Sale_Date Size Land Assmt Ratio Deviation Array 2 43125 Q V Current 32200 12880 0.2987 0.0004 0.2968 6 40920 Q V Current 30800 12320 0.3011 0.0020 0.2986 7 41000 Q V Current 30800 12320 0.3005 0.0014 0.2987 8 42622 Q V Current 31909 12764 0.2995 0.0004 0.2991 9 43000 Q V Current 31909 12764 0.2968 0.0023 0.2995 10 42000 Q V Current 31354 12542 0.2986 0.0005 0.3005 13 50000 Q V Current 37385 14954 0.2991 0.0000 0.3011
AFTER Median (100%) 100.15% COD 0.3200%Mean_Deviation 0.0013 Mean (100%) 100.18% PRD 1.0002 Aggregate (100%)100.15% Median (40%) 40.06% Mean (40%) 40.07% Aggregate (40%) 40.06% 302,667 121,263 2.8047 0.0093 Parcel / Lot Nbhd Saleprice Val Sale_Type Sale_Date Size Land Assmt Ratio Deviation Array 2 43125 Q V Current 43125 17250 0.4000 0.0006 0.3975 6 40920 Q V Current 41250 16500 0.4032 0.0026 0.3999 7 41000 Q V Current 41250 16500 0.4024 0.0018 0.4000 8 42622 Q V Current 42735 17094 0.4011 0.0005 0.4006 9 43000 Q V Current 42735 17094 0.3975 0.0031 0.4011 10 42000 Q V Current 41993 16797 0.3999 0.0007 0.4024 13 50000 Q V Current 50069 20028 0.4006 0.0000 0.4032
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DOAA (Department of Audits)
BEFORE Class Sale Median Aggregrate COD PRD Count RES 244 35.49 34.68 19.54 105.02 AGR 12 37.53 37.46 19.6 104.69 COM 12 37.53 37.46 19.6 104.69 IND 12 37.53 37.46 19.6 104.69 Overall
AFTER Class Sale Median Aggregate COD PRD Count RES 667 0.37 0.3541 0.2244 1.0602 AGR 3 0.4768 0.4662 0.0743 1.0137 COM 10 0.3918 0.3583 0.3537 1.00882 IND Overall
48-5-274. Establishment of equalized adjusted property tax digest; establishment and use of average ratio; information to be furnished by state auditor; grievance procedure; information to be furnished by commissioner. (a) As used in this Code section, the term:
(1) "Assessment ratio" means the fractional relationship between the assessed value and the fair market value of the property.
(2) "Measures of central tendency" means the tendency of data to cluster around some typical or central value, such as the median ratio, the mean ratio, or the weighted mean ratio (the weighted mean ratio is also called the aggregate ratio), as defined in the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers.
(b) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted property tax digest for each county in the state and for the state as a whole for the current calendar year. Such digest shall exclude all real and personal property exempted from taxation and the difference between the value of all taxable property within any tax allocation district and the tax allocation increment base of such tax allocation district as defined under paragraph (15) of Code Section 36-44-3 for 144 which consent has been obtained pursuant to Code Section 36-44-9. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted property tax digest. The equalized adjusted property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation, exclusive of the difference between the value of all taxable property within any tax allocation district and the tax allocation increment base of such tax allocation district as defined under paragraph (15) of Code Section 36-44-3 for which consent has been obtained pursuant to Code Section 36-44-9, exclusive of railroad equipment company property shown on the county railroad equipment company property tax digest, exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of timber harvested or sold;
(2) Determine the fair market value for timber harvested or sold during the calendar year;
(3) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to fair market value of the property established by the state auditor in accordance with paragraph (8) of this subsection;
(4) Determine the fair market value of the county railroad equipment company property tax digest for the preceding calendar year;
(5) Determine the sum of the current use valuation of the county property tax digest;
(6) Determine the total fair market value of the Public Utility Digest as established by the commissioner;
(7) The total of the sums obtained through the calculations prescribed in paragraphs (2), (3), (4), (5), and (6) of this subsection shall be known as the current equalized adjusted property tax digest of the county. The sum of the current equalized adjusted property tax digest of all counties of the state combined shall be known as the current equalized adjusted property tax digest for the state as a whole; and
(8) Establish for each county in the state the ratio of assessed value to fair market value of county property subject to taxation, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for each of a representative number of parcels of real property, the titles to which were transferred during a period of time to be determined by the state auditor, and then by establishing the measure of central tendency for the county as a whole based upon a representative number of usable transactions studied. Any such sales price shall be adjusted upward or downward, in a manner consistent with the Standard on Ratio Studies published by the International Association of Assessing Officers or its successors, as reasonably needed to account for the effects of price changes reflected in the market between the date of sale and January 1 of the calendar year for which the equalized adjusted property tax digest is being prepared. Sales prices also shall be reduced by any portion thereof attributable to personal property, real property exempt from taxation, or standing timber included in the sales transaction. The representative number of transactions shall not include any parcel of which the sales price is not reflective of the fair market value of such property as fair market value is defined in Code Section 48-5-2. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property 145 located within the county, the titles to which were not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate realty sales data cannot be obtained on such property. The representative number of parcels of each class of real property as defined by the commissioner used for the study shall be determined by the state auditor. The state auditor may use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county.
(c) The assessment ratio of assessed value to fair market value of county property to be established by the state auditor for the purposes of paragraph (8) of subsection (b) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. The Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to determine the valid transactions necessary to establish accurately the measure of central tendency described in paragraph (8) of subsection (b) of this Code section; provided, however, that standard shall only be used to the extent it does not conflict with criteria enumerated in subparagraph (B) of paragraph (3) of Code Section 48-5-2.
(d) The assessment ratio of assessed value to fair market value determined for each county shall be used as provided for in this Code section until such time as a new ratio is determined on a continuing basis for each county. The state auditor shall provide to the commissioner the assessment ratio of assessed value to fair market value for all counties upon completion.
(e) On or before November 15 of each year, the state auditor shall furnish to the State Board of Education the current equalized adjusted property tax digest of each county in the state and the current equalized adjusted property tax digest for the state as a whole. In any county which has more than one school system, the state auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted property tax digest showing the amount of the digest applicable to property located within each of the school systems located within the county. At the same time, the state auditor shall furnish the governing authority of each county, the governing authority of each municipality having an independent school system, the local board of education of each school system, the tax commissioner or tax collector of each county, and the board of tax assessors of each county the current equalized adjusted property tax digest of the local school system or systems, as the case may be, and the current equalized adjusted property tax digest for the state as a whole.
(f)(1) Each county governing authority, each governing authority of a municipality having an independent school system, and each local board of education, when aggrieved or when having an aggrieved constituent, shall have a right, upon written request made within 30 days after receipt of the digest information, to refer the question of correctness of the current equalized adjusted property tax digest of the local school system to the state auditor. The state auditor shall take any steps necessary to make a determination of the correctness of the digest and to notify all interested parties of the determination within 45 days after receiving the request questioning the correctness of the digest.
(2)(A) If any party questioning the correctness of the digest is dissatisfied with the determination made by the state auditor pursuant to paragraph (1) of this subsection, the party shall have the right, which must be exercised within 15 days after being notified of the determination made by the state auditor, to refer in writing the question of the correctness of the digest to a board of arbitrators.
(B) Each board of arbitrators shall consist of three members, one to be chosen by the state auditor within 15 146 days after receipt of a written complaint, one to be chosen by the complaining party at the time of requesting the arbitration, and one to be chosen within 15 days after selection of the first two members by the first two members of the board. In the event the two arbitrators cannot agree on a third member, the Chief Justice of the Supreme Court of Georgia shall appoint the third member upon petition of either party with notice to the opposing party.
(C) The board of arbitrators or a majority of the board within 15 days after appointment of the full board shall render its decision regarding the correctness of the digest in question and, if correction of the digest is required, regarding the extent and manner in which the digest should be corrected. The decision of the board shall be final.
(D) The state auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the corrections to the parties entitled to receive such information under this Code section.
(E) Each member of the board of arbitrators shall subscribe to an oath to perform faithfully and impartially the duties required in connection with the controversy concerning the correctness of the digest in question and to render a decision within the time required. Each member of the board of arbitrators shall be paid a sum not to exceed $250.00 for each appeal heard. In addition, each member of the board shall receive the same daily expense allowance as is provided for each member of the General Assembly and actual transportation costs when traveling by public carrier or the legal mileage rate when traveling by personal automobile. All costs of arbitration of matters arising under this Code section shall be shared and paid equally by the Department of Audits and Accounts and by the governing authority requesting the arbitration.
(3) Upon receiving notice that the current equalized adjusted property tax digest of any local school system is being questioned pursuant to paragraph (1) of this subsection, the state auditor shall notify the State Board of Education that the digest is being questioned. No computations shall be made on the basis of a questioned digest under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," until the digest has been corrected, if necessary, pursuant to this subsection.
(g) The commissioner shall provide to the state auditor such digest information as is needed in the calculation of the equalized adjusted property tax digests. Such information shall be provided for each county and for each local school system. For independent school systems in municipalities authorized to assess property in excess of 40 percent of fair market value pursuant to Code Section 48-5-7, the commissioner shall provide digest information to the state auditor at the assessment ratios utilized by both the municipal government and the county government or governments in which the municipality is located. If revision is made to the digest of any county or any portion of a county comprising a local school system following the initial reporting of the digest to the state auditor, the commissioner shall report any such revision to the state auditor.
Digest Submission Deadlines
48-5-302: Digest Submission Deadline to Tax Commissioner Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by July 15 (effective 2016) of each year, except that, in all counties providing for the collection and payment of ad valorem taxes in installments, such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the
147 commissioner for examination and approval.
48-5-205: Digest Submission Deadline to DOR (a) If a tax receiver or tax commissioner fails to have his or her digest completed and deposited by September 1 (effective 2016) in each year, unless excused by provisions of law or by the commissioner, such tax receiver or tax commissioner shall forfeit one-tenth of his or her commissions for each week's delay. If the delay extends beyond 30 days, such tax receiver or tax commissioner he shall forfeit one-half of his or her commissions. If the delay extends beyond the time when the Governor and commissioner fix the rate percentage, such tax receiver or tax commissioner shall forfeit all such tax receiver's or tax commissioner's commissions.
(b) If a tax receiver or tax commissioner fails to make out his digest in the manner prescribed by law or fails to comply with the directions given him by the commissioner in making out his digest, he shall forfeit one-half his commissions.
(c) If the digest is made out so badly as not to fulfill the purpose of the tax laws, the tax receiver or tax commissioner shall forfeit all his commissions and shall be removed from office by the governing authority of the county upon the request of the commissioner.
Assessor Approval of Digest and Digest Changes
48-5-263: Qualifications, duties, and compensation of appraisers. (a) Qualifications.
(1) The commissioner shall establish, and the state merit system may review, the qualifications and rate of compensation for each appraiser grade.
(2) Each appraiser shall, before his employment, obtain a satisfactory grade, as determined by the commissioner, on an examination prepared by the commissioner and an institution of higher education in this state.
(b) Duties. Each member of the county property appraisal staff shall:
(1) Make appraisals of the fair market value of all taxable property in the county other than property returned directly to the commissioner;
(2) Maintain all tax records and maps for the county in a current condition. This duty shall include, but not be limited to, the mapping, platting, cataloging, and indexing of all real and personal property in the county;
(3) Prepare annual assessments on all taxable property appraised in the county and submit the assessments for approval to the county board of tax assessors;
(4) Prepare annual appraisals on all tax-exempt property in the county and submit the appraisals to the county board of tax assessors;
(5) Prepare and mail assessment notices after the county board of tax assessors has determined the final 148 assessments;
(6) Attend hearings of the county board of equalization and provide information to the board regarding the valuation and assessments approved by the county board of tax assessors on those properties concerning which appeals have been made to the county board of equalization;
(7) Provide information to the department as needed by the department and in the form requested by the department;
(8) Attend the standard approved training courses as directed by the commissioner for all minimum county property appraisal staffs;
(9) Compile sales ratio data and furnish the data to the commissioner as directed by the commissioner;
(10) Comply with the rules and regulations for staff duties established by the commissioner; and
(11) Inspect mobile homes located in the county to determine if the proper decal is attached to and displayed on the mobile home by the owner as provided by law; notify the residents of those mobile homes to which a decal is not attached of the provisions of Code Sections 48-5-492 and 48-5-493; and furnish to the tax collector or tax commissioner a periodic list of those mobile homes to which a decal is not attached. (c) Compensation. Staff appraisers shall be paid from county funds. The rates of compensation established by the commissioner shall not preclude any county from paying a higher rate of compensation to any appraiser grade.
Date of Assessment
48-5-10: Returnable property All property shall be returned by the taxpayers for taxation to the tax commissioner or tax receiver as provided by law. Each return by a taxpayer shall be for property held and subject to taxation on January 1 next preceding each return.
560-11-10-.09(1)(b)2: Assessment date. Code section 48-5-10 provides that each return by a property owner shall be for property held and subject to taxation on January 1 of the tax year. The appraisal staff shall base their decisions regarding the taxability, uniform assessment, and valuation of real property on the circumstances of such property on January 1 of the tax year for which the assessment is being prepared. When real property is transferred to a new owner or converted to a new use, the circumstances of such property on January 1 shall nevertheless be considered as controlling.
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Field Review and Physical Inspection
560-11-10-.09(2)(d)4(iii): Field review frequency. All real property parcels should be physically reviewed at least once every three years to ascertain that property information records are current.
560-11-10-.09(1)(d)2(i): (i) Field inspections. The appraisal staff shall develop and present to the board of tax assessors for approval procedures that provide for periodic field inspections to identify properties and ensure that property characteristics information is complete and accurate. The procedures shall include guidelines for the physical inspection of the property by either appraisers or specially trained data collectors. The format should be designed for standardization, consistency, objectivity, completeness, easy use in the field, and should facilitate later entry into a computer assisted mass appraisal system, when one is used. When interior information is required, the procedures shall include guidelines on how and when to seek access to the property along with alternative procedures when such access is not permitted or feasible.
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Sample County Field Inspection Policy
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Reasonable Value Estimations 48-5-299. Ascertainment of taxable property; assessments against unreturned property; penalty for unreturned property; changing real property values established by appeal in prior year.
(a) It shall be the duty of the county board of tax assessors to investigate diligently and to inquire into the property owned in the county for the purpose of ascertaining what real and personal property is subject to taxation in the county and to require the proper return of the property for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due the state or the county have not been paid in full as required by law. In all cases where the full amount of taxes due the state or county has not been paid, the board shall assess against the owner, if known, and against the property, if the owner is not known, the full amount of taxes which has accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the board may proceed to assess the taxes against the owner of the property according to the best information obtainable; and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed.
(b)In all cases in which unreturned personal property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year.
(c) When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment and such valuation is established as the result of either an appeal decision rendered pursuant to Code Section 48-5-311 or stipulated by agreement of the parties to such an appeal that this subsection shall apply in any year, the valuation so established by appeal decision or agreement may not be increased by the board of tax assessors during the next two successive years, subject to the following exceptions:
(1) This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value; (2) This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years;
(3) If the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the parties during the appeal process; and
(4) The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors' records as to the description or characterization of the property, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property.
(d) When real or personal property is located within a municipality whose boundaries extend into more than one county, it shall be the duty of each board of tax assessors of a county, wherein a portion of the municipality lies, to cooperatively investigate diligently into whether the valuation of such property is uniformly assessed with other properties located within the municipality but outside the county where such property is located. Such investigation shall include, but is not limited to, an analysis of the assessment to sales 153 ratio of properties that have recently sold within the municipality and a comparison of the average assessment level of such properties by the various counties wherein a portion of the municipality lies. The respective boards shall exchange such information as will facilitate this investigation and make any necessary adjustments to the assessment of the real and personal property that is located in their respective counties within the municipality to achieve a uniform assessment of such property throughout the municipality. Any uniformity adjustments pursuant to this subsection shall only apply to the assessment used for municipal ad valorem tax purposes within the applicable county.
560-11-10-.02 Definitions (Final Assessment)
(i) Final assessment. “Final assessment” means the final assessed value that is determined for the property for the applicable tax year after the following events have occurred: the time period for filing appeals has expired and any appeals that have been filed have been resolved; the authorities authorized to levy taxes on property in the county have approved the final tax levy; the Revenue Commissioner has authorized that the digest may be used as the basis for collecting taxes; the tax commissioner has mailed the final tax bills based on the authorized digest; and in the case of personal property, the appraisal staff has completed its audit of the personal property pursuant to Rule 560-11-10-.08(4)(d) within the seven year statute of limitations.
Sales Qualifications
PT-61s 560-11-10-.09(2)(b)3: 3. Real estate transfer declaration forms. The Department of Revenue has established Form PT-61 for owners to declare the real estate transfer tax due when property is transferred from one owner to another. The appraisal staff shall review all PT-61 forms filed with the clerk of superior court to discover new owners of property and to ascertain if their property has been returned for taxation. When a property owner acquires real property by transfer in the preceding tax year and does not file a return on such property for the current tax year, the appraisal staff shall follow the procedures of this subparagraph to determine if the newly acquired property has been properly returned for taxation
154
Blank PT-61
Sales List 560-11-10-.09(2)(d)1(ii): Sales Information The appraisal staff shall maintain a record of all sales of real property that are available and occur within the county. The appraisal staff should also familiarize themselves with overall market trends within their immediate geographical area of the state. They should collect and analyze sales data from other jurisdictions having market and usage conditions similar to their county for consideration when insufficient sales exist in the county to evaluate a property type, especially large acreage tracts. The Real Estate Transfer Tax document, Department of Revenue Form PT-61, shall be a primary record source. However, the appraisal staff may also review deeds of transfer and security deeds recorded in the Office of the Superior Court Clerk, and probated wills recorded in the Office of the Probate Judge to maintain a record of relevant information relating to the
155 sale or transfer of real property. Records required to be maintained shall include at a minimum the following information: map and parcel identifier; sale date; sale price; buyer's name; seller's name; deed book and page number; vacant or improved; number of acres or other measure of the land; representativeness of sale using the confirming criteria provided in Rule 560-11-2-.56 (1)(d); any income and expense information reasonably available from public records; property classification as provided in Rule 560-11-2-.21, and; when available, the appraised value for the tax year immediately following the year in which the sale occurred
Sales Adjustments 560-11-10-.09(3)(a)2: Market Research and Verification. The appraisal staff shall build and maintain an up-to date file system of qualified sales as provided in Rule 560- 11-10-.09(2)(d)(1)(ii). Other preferred information to be considered is the motivations of the buyer and seller, as obtained from actual interviews of the parties to the sales. Adjustments to the sales to be considered by the appraiser include, but are not limited to, time of sale; location; physical characteristics; partial interest not conveyed; trades or exchanges included; personal property included; leases assumed; incomplete or unbuilt community property; atypical financing; existing covenants; deed restrictions; environmental, economic, governmental and social factors affecting the sale property and the subject parcel. These adjusted qualified sales may then be used to appraise the subject property.
Standing Timber Extraction 560-11-10-.09(3)(b)2(v): Standing Timber Value Extraction. When determining the market value of land underlying standing timber, where such standing timber is taxed in accordance with Code section 48-5-7.5, the appraiser shall not rely exclusively on the sales prices of such land that has recently had the timber harvested. Rather he or she shall also consider sales of land with standing timber after the value of such standing timber has been determined in accordance with this subparagraph and deducted from the selling price.
Appraisal Information
Review of Returns 48-5-10: Returnable property All property shall be returned by the taxpayers for taxation to the tax commissioner or tax receiver as provided by law. Each return by a taxpayer shall be for property held and subject to taxation on January 1 next preceding each return.
48-5-11: Situs for returns by residents Unless otherwise provided by law, all: (1) Real property of a resident shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is located; and (2) Personal property of a resident individual shall be returned for taxation to the tax commissioner or tax receiver of the county where the individual maintains a permanent legal residence.
156
48-5-12. Situs of returns by nonresidents Unless otherwise provided by law, all real and personal property of nonresidents shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is located.
48-5-15. Returns of taxable real property (a) All improved and unimproved real property in this state which is subject to taxation shall be returned by the person owning the real property or by his or her agent or attorney to the tax receiver or tax commissioner of the county where the real property is located.
(b) If the real property has a district, number, and section designation, the tax receiver or tax commissioner shall require the person making a return of the real property to return it by district, number, and section designation. If the real property has no designation by district, number, and section, it shall be returned by such description as will enable the tax receiver or tax commissioner to identify it.
(c) No tax receiver or tax commissioner shall receive any return of real property which does not designate the real property as provided in this Code section. The commissioner shall not allow any tax receiver or tax commissioner who receives returns in any manner other than as provided in this Code section any compensation or percentage for his services.
48-5-15.1. Returns of real property and tangible personal property located on airport (a) All real property and tangible personal property shall be returned for taxation and subject to taxation as provided in this Code section where such property is located on the premises of an airport and:
(1) Such airport is divided by one or more county lines such that the airport is located in two or more counties; and
(2) Such airport is owned or operated by a local airport authority which authority functions on behalf of one of the counties within which the airport is located.
(b) For the purposes of this Code section, an authority shall be considered as functioning on behalf of a county where a majority of the members of the authority are members who meet any of the following descriptions:
(1) An authority member who is also a member of the county governing authority or an official or employee of the county;
(2) An authority member appointed by the county governing authority or appointed by an officer of the county;
(3) An authority member who is also a member of the governing authority of a city within the county or an official or employee of a city within the county; or
(4) An authority member appointed by the governing authority of a city within the county or appointed by an officer of a city within the county.
(c) All such real property and tangible personal property located on the premises of an airport as described in subsections (a) and (b) of this Code section shall be returned for taxation to the tax commissioner or tax
157 receiver of the county on behalf of which the airport authority functions. All such real and tangible personal property shall be subject to taxation by only the county on behalf of which the airport authority functions and not by any other county.
(d) Nothing in this Code section shall apply with respect to any airport certificated under Title 14, Part 139, of the Code of Federal Regulations or shall apply with respect to the taxation of commercial airliners which shall be subject to Article 12 of this chapter and other applicable provisions of law. With respect to aircraft which would otherwise be subject to the provisions of Code Section 48-5-16, the provisions of this Code section shall control over the provisions of Code Section 48-5-16. Except as specifically provided otherwise in the first sentence of this subsection, this Code section shall control over any other conflicting provisions of this chapter; but nothing in this Code section shall be construed as taking away the tax-exempt status of any property which is otherwise exempted by law from ad valorem taxation.
48-5-18. Time for making tax returns. Each tax commissioner and tax receiver shall open his or her books for the return of real or personal property ad valorem taxes on January 1 and shall close those books on April 1 of each year.
48-5-19. Signature and declaration of persons making returns of taxable property. (a) Each return of taxable property shall be signed by or for the person responsible for filing the return and shall contain or be verified by the following written declaration: "I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by the list, is the true market value thereof; and I further swear that I returned, for the purpose of being taxed thereon, every species of property that I own in my own right or have control of either as agent, executor, administrator, or otherwise; and that in making this return, for the purpose of being taxed thereon, I have not attempted either by transferring my property to another or by any other means to evade the laws governing taxation in this state. I do further swear that in making this return I have done so by estimating the true worth and value of every species of property contained therein."
(b) The fact that a person appears to have signed a return of taxable property on behalf of a person required to file a return shall be prima-facie evidence that the person was authorized to sign on behalf of such person.
(c) Any person who shall make any false statement in any return of taxable property shall be guilty of false swearing, whether or not an oath is actually administered to him or her, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10- 71.
(d)(1) As used in this subsection, the term "digital signature" means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated. (2) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic digital signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure.
158
48-5-20. Effect of failure to return taxable property; acquisition of real property by transfer; penalty for failure to make timely return. (a) (1) Any taxpayer of any county who returned or paid taxes in the county for the preceding tax year and who fails to return his property for taxation for the current tax year as required by this chapter shall be deemed to have returned for taxation the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as the property was finally determined to be subject to taxation in the preceding year. Each such taxpayer shall also be deemed to have claimed the same homestead exemption and personal property exemption as allowed in the preceding year.
(2) Any taxpayer of any county who acquired real property by transfer in the preceding tax year for which a properly completed real estate transfer tax form has been filed and the real estate transfer tax required under Article 1 of Chapter 6 of this title has been paid, and where no subdivision of the real property has occurred at the time of transfer, shall be deemed to have returned for taxation the same real property as was acquired by transfer at the same valuation as the real property was finally determined to be subject to taxation in the preceding year. Nothing in this paragraph shall be construed to relieve the taxpayer of the responsibility to file a new timely claim for a homestead exemption and personal property exemption or to file a timely return where improvements have been made to the real property since it was last returned for taxation.
(b) Any penalty prescribed by this title or by any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to the property:
(1) Which the taxpayer did not return prior to the expiration of the time for making returns; and (2) Which the taxpayer has acquired since his last tax return or which represents improvements on existing property since his last return.
(c) Reserved.
560-11-10-.09(2)(b): (b) Returns. The county appraisal staff shall review the returns in accordance with policies and procedures set by the county board of tax assessors consistent with Georgia law and this Rule. Each year, after the deadline for filing returns, the appraisal staff shall secure the returns from the official responsible for receiving returns on or before the tenth day following such deadline.
PT-50R 560-11-10-.09(2)(b)1: 1. New returns. Department of Revenue form PT-50R is authorized for use by property owners when returning real property. No other form shall be provided for this purpose to property owners by the county official responsible for receiving returns unless previously approved in writing by the Revenue Commissioner.
159
Blank PT – 50R
160
Records Retention 560-11-10-.09(2)(d)4: Records retention schedules . The appraisal staff shall develop, in accordance with the provisions of Code section 50-18-99, records retention schedules for each series of documents maintained in their office and have such schedules approved by the board of tax assessors before submitting the schedules to the State Records Committee for official approval pursuant to Code section 50-18-92.
50-18-99. Records management programs for local governments (a) As used in this Code section, the term:
(1) "Governing body" means the governing body of any county, municipality, or consolidated government. The term includes school boards of this state.
(2) "Office or officer" means any county office or officer or any office or officer under the jurisdiction of a governing body which maintains or is responsible for records.
(b) This article shall apply to local governments, except as modified in this Code section.
(c) All records created or received in the performance of a public duty or paid for by public funds by a governing body are deemed to be public property and shall constitute a record of public acts.
(d) Prior to July 1, 1983, each office or officer shall recommend to the governing body a retention schedule. This schedule shall include an inventory of the type of records maintained and the length of time each type of record shall be maintained in the office or in a record holding area. These retention periods shall be based on the legal, fiscal, administrative, and historical needs for the record. Schedules previously approved by the State Records Committee will remain in effect until changed by the governing body.
(e) Prior to January 1, 1984, each governing body shall approve by resolution or ordinance a records management plan which shall include but not be limited to:
(1) The name of the person or title of the officer who will coordinate and perform the responsibilities of the governing body under this article;
(2) Each retention schedule approved by the governing body; and
(3) Provisions for maintenance and security of the records.
(f) The Secretary of State, through the division, shall coordinate all records management matters for purposes of this Code section. The division shall provide local governments with a list of common types of records maintained together with recommended retention periods and shall provide training and assistance as required. The division shall advise local governments of records of historical value which may be deposited in the state archives. All other records shall be maintained by the local government.
(g) Except as otherwise provided by law, ordinance, or policy adopted by the office or officer responsible for maintaining the records, all records shall be open to the public or the state or any agency thereof.
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Sufficient Property Characteristics 560-11-10-.09(2)(d)1(iii): Property characteristics. The appraisal staff shall maintain a record of real property characteristics. This record shall include, but not be limited to, sufficient property characteristics to classify and value the property. In addition, the following criteria may be considered when determining which characteristics should be gathered and maintained: factors that influence the market in the location being considered; requirements of the valuation approach being employed; digest classification and stratification; requirements of other governmental and private users; and marginal benefits and costs of collecting and maintaining each property characteristic.
Required Structure Characteristics 560-11-10-.09(2)(d)1(v): Improvement characteristics. The appraisal staff shall maintain a record of the characteristics of the improvements to land. The record shall include, but not be limited to, the size, actual use, design, construction quality, construction materials, age and observed condition.
Rural Land Schedule 560-11-10-.09(3)(b): Acreage tract valuation. The appraisal staff shall determine the small acreage break point to differentiate between small acreage tracts and large acreage tracts and develop or acquire schedules for the valuation of each. When this small acreage break point cannot easily be determined, the appraisal staff shall recommend to the board of tax assessors a reasonable break point of not less than five acres nor more than twenty-five acres. The base land schedules should be applicable to all land types in a county. The documentation prepared by the appraisal staff should clearly demonstrate how the land schedule is applied and explain its limitations.
560-11-10-.02(1)(cc): Small Acreage Break Point "Small acreage break point" means the point, expressed as a number of acres, at which the slope of a trend line, drawn through the plotted qualified sales of rural land on a graph, reflects a distinct and pronounced change. Such graph uses the dollars per acre on the vertical axis and numbers of acres on the horizontal axis. The small acreage break point should show the point below which the market factors of accessibility and desirability of the land primarily influence value, and above which the productivity of the soil and suitability for timber growth primarily influence value.
Developing the Small Acre Break Point The small acre break point is the acre level at which buyers begin looking more to productivity of the soil and timber value than the other factors such as, accessibility (location), desirability, as it relates to a use other than agricultural, and size. In other words, it is where small parcel valuation ends.
All rural land parcels with total acreage greater than the small acre break point will be valued with the large tract schedule. All rural land parcels with total acreage less than or equal to the small acre break point must be valued with the small parcel schedule.
Determination of the small acre break point is accomplished by plotting sales of rural properties – both small and large tracts – on a graph with $/Acre on the vertical axis and # of Acres on the horizontal axis. A “trend” line is then drawn through the plotted sales on the graph, and the point (acreage level) at which the line’s slope is changed becomes the break point. 162
In the absence of adequate sales to create a small acre break point, the appraiser may select an acreage between 5.00 and 25.00 and offer the acreage to the Board of Assessors as the small acre break point.
After the small acre break point is established, the appraiser can separate the sales into their respective rural land category, small tracts and large tracts. The analysis for each category will be performed in a different manner making it necessary to segregate the rural land sales.
On the following page is a graph of the $/Acre to Acreage relationship in a county which was used to determine a small acre break point of 20.00 acres.
8000
7000
6000 10 5000 AC
4000
3000
2000
1000
0 0.39 1.50 2.56 5.00 8.83 16.00 24.90 38.00 53.60 63.00 90.43 106.65 165.00 208.39 365.00 Acres
560-11-10-.09(3)(b)(1): Small acreage tract valuation schedule. After the appraisal staff has performed the site analysis, as provided in Rule 560-11-10-.09(3)(a)(1), they shall analyze the market to identify groups of comparable properties that may be combined in the valuation process, as provided in Rule 560-11-10-.09(4)(b)(3). The appraisal staff shall then analyze the sales to establish a representative base price per acre, and adjustment factors for reflecting value added by the characteristics discovered in the site analysis. Using such base value and the adjustment factors, the appraisal staff shall develop the small acreage schedule for all acreage levels through the small acreage break point.
163
Constructing a Small Parcel Schedule
Definition - Small parcels are those tracts of land that are generally located outside of corporate limits and subdivisions. In most cases, factors other than soil productivity and standing timber affect the value of these tracts.
Factors that Affect Value of Small Parcels
Accessibility (location) Desirability (those characteristics contained within the property boundaries) Topography Shape Development Landscaping Shade Trees Other Size
Schedule Format
A small parcel schedule is usually set up in a table form with the accessibility and desirability codes forming the columns of the table and the acreage intervals setting up the lines .
Accessibility Codes – Numeric codes denoting different locations.
Desirability Codes – Alpha codes differentiating between various levels of desirability.
Use of Schedule
Valuation of small parcels by existing schedule.
164
Classification by Accessibility (Location)
Plot sales on county map.
Using the sales prices and appraiser’s judgment designate different areas for accessibility.
165
Classification by Desirability
Usually a physical inspection of the property is required.
From the appraiser’s observation, a desirability code is assigned to the property.
A B C
D E
166
Accessibility Factor
• Compare sales at the same acre level, having the same desirability code and consecutive accessibility codes.
• Divide the per acre value for the sale with the lower value by the per acre value of the sale with the higher value.
• Using as many sales as possible, determine the factor that should be used to adjust values between accessibility levels.
Desirability Factor
• Compare sales at the same acre level, having the same accessibility code and consecutive desirability codes.
• Divide the per acre value for the sale with the lower value by the per acre value of the sale with the higher value.
• Using as many sales as possible, determine the factor that should be used to adjust values between desirability codes.
Acre Factor
• Compare sale with the same accessibility and desirability codes but at different acre levels.
• Divide the per acre value for the sale with the lower value by the per acre value of the sale with the higher value.
• Using as many sales as possible, determine the factor that should be used to adjust values between acres.
Completion of Schedule
Using the base value and the above established factors complete the small parcel schedule through the breaking point.
Test Schedule with Ratio Study
167
Sample Small Parcel Schedule
County A
Definition of Accessibility/Desirability Codes
Accessibility
Acc . Code Definition 1 Best location in county; the areas where sales have indicated the highest values, or due to the appraiser’s judgment because of similarities between areas the location has been designated as one of the best. Generally, those location on mountains with good view, around lakes or rivers with good view and/or water depth, close proximity to towns or major highway intersections, or any other highly regarded area would fall into this classification. 2 Those areas where sales have indicated that values are less than those in the best locations but higher than the values in other areas. Also, those areas where there are no sales but due to the appraiser’s judgment and knowledge of the county they have been designated as the second highest. Generally, those areas, which are somewhat further, removed from the best locations or the view and/or water depth is not as good. 3 The average location within the county as indicated by sales or the appraiser’s judgment. Generally, those areas away from city, lake, mountain, river, or any other influence that would cause the value to be in a higher range. 4 Locations or areas within the county where values are somewhat lower than in the average location. Generally, those areas located in the rural part of the county and off the main highways and county paved roads. 5 The poorest locations within the county as indicated by sales or the appraiser’s judgment and knowledge of the county. Generally, those areas located in the rural and remote parts of the county with no or very little accessibility.
168
Desirability
Des. Code Definition A The tracts will have the best shape and topography. These tracts may be well developed with excellent landscaping, well and septic tank or city/county water and sewage. The parcel will have excellent road frontage. In the larger small parcels with very heavy stands of timber, this classification could be used to compensate for the timber value. B The tracts will have good shape and topography. These tracts may be developed with good to average landscaping, well and septic tank or city/county water and sewage. The parcel will have better than average road frontage. This classification could also be used to help compensate for the heavier stands of timber on those small parcels where such value may affect the selling price. C The tracts will have average shape and topography. These tracts in most cases will not have a home site except in the larger small parcels where the influence of the home site value has diminished. The larger small parcels with fair timber stockings or exceptionally good farmland could be placed in this category. D The tracts in this category will have poor shape. The topography of these tracts will make them less desirable than the average or above tract. No development will have taken place on these parcels. Very little timber will be present to affect the value of the larger tracts. E These tracts will be the least desirable of all the parcels in the small acreage category. They will be characterized by poor shape and road frontage, no development and very poor topography. There will be no timber to influence the value of the larger small parcels.
169
Small Parcel Acc/Des Table– County A
1 2 3
Acres A B C D E A B C D E A B C D E
1 3375 3150 2925 2700 2475 2625 2438 2250 2100 1988 2025 1800 1688 1500 1350
2 3292 3073 2853 2633 2414 2564 2379 2195 2049 1938 1080 1760 1650 1369 1320
3 2996 2796 2596 2395 2195 2335 2166 1998 1865 1762 1806 1603 1504 1338 1205
4 2919 2724 2528 2333 2138 2278 2111 1947 1817 1716 1764 1566 1468 1308 1178
5 2842 2652 2461 2271 2080 2220 2088 1896 1770 1670 1722 1528 1432 1277 1151
6 2765 2579 2394 2209 2023 2163 2002 1845 1722 1624 1680 1491 1397 1246 1124
7 2688 2507 2327 2146 1966 2105 1947 1793 1674 1578 1638 1453 1361 1215 1096
8 2611 2436 2260 2084 1908 2048 1896 1742 1627 1532 1596 1415 1325 1184 1069
9 2534 2363 2192 2022 1850 1990 1838 1691 1579 1485 1554 1378 1289 1154 1042
10 2457 2291 2125 1959 1793 1933 1784 1640 1532 1439 1512 1340 1254 1123 1014
11 2380 2219 2058 1897 1736 1876 1729 1589 1484 1393 1470 1302 1218 1092 987
12 2303 2147 1990 1835 1679 1819 1674 1538 1436 1347 1428 1264 1182 1061 960
13 2226 2075 1924 1772 1621 1761 1620 1487 1389 1300 1386 1226 1147 1030 932
14 2149 2003 1856 1710 1564 1703 1565 1436 1341 1254 1344 1189 1110 1000 905
170
1 2 3
Acres A B C D E A B C D E A B C D E
15 2072 1930 1789 1648 1506 1646 1510 1385 1294 1208 1302 1151 1075 969 878
16 1995 1859 1722 1586 1449 1589 1456 1333 1246 1162 1260 1113 1060 938 851
17 1939 1805 1671 1537 1403 1551 1420 1299 1215 1133 1228 1088 1035 918 834
18 1883 1751 1620 1488 1357 1513 1384 1265 1184 1104 1196 1063 1010 898 817
19 1827 1697 1569 1439 1311 1475 1348 1231 1153 1075 1164 1038 985 878 800
20 1771 1643 1518 1390 1265 1437 1312 1197 1122 1046 1132 1013 960 858 783
21 1715 1589 1467 1341 1219 1399 1276 1163 1091 1017 1100 988 935 838 766
22 1659 1535 1416 1292 1173 1361 1240 1129 1060 988 1068 963 910 818 749
23 1603 1481 1365 1243 1120 1323 1204 1095 1029 959 1036 938 885 798 732
24 1547 1427 1314 1194 1081 1285 1168 1061 998 930 1004 913 860 778 715
25 1491 1373 1263 1145 1035 1247 1132 1027 967 901 972 888 835 758 698
26 1435 1319 1212 1096 989 1209 1096 993 936 872 940 863 810 738 681
27 1379 1265 1161 1047 943 1171 1060 959 905 843 908 838 785 718 664
28 1323 1211 1110 998 897 1133 1024 925 874 814 876 813 760 698 647
29 1267 1157 1059 949 851 1095 988 891 843 785 844 788 735 678 630
30 1211 1103 1008 900 805 1057 952 857 812 756 812 763 710 658 613
171
4 5
Acres A B C D E A B C D E
1 1518 1650 1500 1350 1200 1250 1150 1050 950 850
2 1643 1614 1468 1322 1175 1229 1131 1033 934 836
3 1605 1473 1339 1207 1073 1208 1112 1016 918 822
4 1569 1439 1309 1180 1051 1187 1093 999 902 808
5 1532 1406 1280 1154 1028 1166 1074 982 886 794
6 1495 1372 1250 1127 1005 1145 1055 965 870 780
7 1457 1338 1219 1100 1023 1124 1036 948 854 766
8 1420 1305 1189 1074 1000 1103 1017 /931 838 752
9 1383 1271 1159 1047 977 1082 998 914 822 738
10 1346 1238 1129 1021 954 1061 979 897 806 724
11 1309 1204 1099 994 931 1040 960 880 790 710
12 1272 1170 1069 967 908 1019 941 863 774 696
13 1235 1137 1039 941 885 998 922 846 758 682
14 1198 1103 1009 914 862 977 903 829 742 668
15 1161 1070 979 888 839 956 884 812 726 954
16 1124 1036 949 861 816 935 865 795 710 640
17 1094 1009 925 839 794 917 848 780 697 629
172
4 5
Acres A B C D E A B C D E
18 1064 982 901 817 772 899 831 765 684 618
19 1034 955 877 795 750 881 814 750 671 607
20 1004 928 853 773 728 863 797 735 658 596
21 974 901 829 751 706 845 780 720 645 585
22 944 874 805 729 684 827 763 705 632 574
23 914 847 781 707 662 809 746 690 619 563
24 884 820 757 685 640 791 729 675 606 552
25 854 793 733 663 618 773 712 660 593 541
26 824 766 709 641 596 755 695 645 580 530
27 794 739 685 619 574 737 678 630 567 519
28 764 712 661 597 552 719 661 615 554 508
29 734 685 637 575 530 701 644 600 541 497
30 704 658 613 553 509 683 627 585 528 486
173
Calculate the FMV
Using the Acc/Des table on the previous pages calculate the Value. Acc / Des Acres $ / Acre Value
1. 3B 10.50
2. 1D 2.60
3. 4A 15.00
4. 5E 1.56
5. 2C 6.33
6. 4D 18.61
7. 1A 12.05
8. 3C 4.41 `
9. 5B 16.00
10. 2E 7.85
Find the Benchmark A/D Acres SP $ / Ac
3C 1.00 1000
4D 4.00 2200
5E 2.00 1400
3C 1.50 1750
3C 1.25 1300
174
Accessibility Factor Exercise
Acres Acc/Des Sales Price 1.01 1C $2,020 1.35 2C $2,565 3.46 4D $5,190 3.00 5D $4,350 7.70 3A $9,240 7.91 5A $7,830 10.25 3B $13,940 10.50 4B $13,125 12.35 1D $17,290 12.60 2E $15,750 15.10 2A $14,800 15.45 3A $14,675
Accessibility Factors Acre Higher $ / Lower $ / Sale #’s Higher Acc Lower Acc Factor Level Ac Ac
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Desirability Factor Exercise
Acres Acc/Des Sales Price 1.00 1D $2,800 1.25 2E $3,250 2.15 2B $4,945 2.50 2C $5,185 5.60 5A $9,940 5.45 5B $8,720 9.18 3D $10,375 9.00 3E $8,910 11.20 4A $10,080 12.20 4B $9,455 14.10 1C $17,275 14.50 1D $16,820
Desirability Factors Acre Higher $ / Lower $ / Sale #’s Higher Des Lower Des Factor Level Ac Ac
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Acreage Factor Exercise
Acres Acc/Des Sales Price 1.01 1A $8,000 2.20 1A $16,895 4.60 2D $18,470 5.75 2D $22,165 7.00 3C $14,100 8.15 5C $13,040 10.25 5B $11,275 11.50 5B $12,420 14.05 4C $13,700 14.70 4C $14,330 18.00 3D $14,400 19.50 3D $15,130
Acreage Factors Lower Acre Higher Acre $ / Ac for $ / Ac for Sale #’s Factor Level Level Lower Level Higher Level
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560-11-10-.09(3)(b)(2): Large acreage tract valuation schedule. After the appraisal staff has performed the site analysis, as provided in Rule 560-11-10-.09(3)(a)(1), they shall analyze the market to identify groups of comparable properties that may be combined in the valuation process, as provided in Rule 560-11-10-.09(4)(b)(3). The appraisal staff shall then analyze the sales to establish a representative benchmark price per acre, and adjustment values for reflecting incremental value associated with different productivity levels, sizes, and locations, as discovered in the site analysis. Using such benchmark values and adjustment values, the appraisal staff shall develop the large acreage schedule for all acreage levels above the small acreage break point.
Constructing a Base Large Tract Schedule
1. Locate Sales – Office of Clerk of Superior Court.
2. Sales Research – Gather on an appropriate form the following data (See sales data form enclosed). ° Name of buyer and seller
° Date of sale
° Acreage
° Verification of sale price if possible
° Location
° Neighborhood
° Occupation and motives of buyer and seller
° Other considerations
° Improvements
° Timber valuation
° Characteristics of land – Open, woodland, topography, quality, etc.
About 20 to 40 sales over 30 acres in size occurring over a 2-year period should be obtained, if possible. Approximately 50 to 100 small tract sales below 30 acres are needed to develop a small tract schedule.
3. Preliminary Validation of Sales.
4. Locate Valid Sales on Photographs.
5. Construct an Index Map Showing Location of all Sales. (See Example).
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6. Field Review and Classification (See Example).
° Use Basic Schedule.
7. Determine Acreage in Each Classification for Every Sale and Tabulate Information on an Appraisal Worksheet (See Example) .
8. Review, Study, and Analyze.
a. Validate Sales in View of Field Review.
b. Study Price Trend Based on Size, Location, Etc.
c. Determine “Bare Land” Value by Extracting Improvements, Timber Value, Etc. Tabulate the Information on Form entitled “Sales Analysis Worksheet”.
d. Isolate “Benchmark Sales.”
e. Construct Graphs, Locational Charts, and Use Other Forms of Analysis to Determine the Bare Land Value by Grades or Quality Classes.
f. Apply Values to Initial Appraisal Schedule.
9. Make a “Trial Run” at Appraising Sales Based on Values on Appraisal Schedule.
10. Analyze Results of Appraisals.
11. Adjust Values on Schedule and Reappraise Sales until a Satisfactory Degree of Accuracy is obtained.
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Sample Large Tract Appraisal Schedule County A
OPEN LAND (Cultivated and Pasture)
Code Value/Acre Definition of Code
I 800 Best. Normally used for cultivations, well drained, level to gently sloping. II 700 Good. Used for cultivation or pasture, gently sloping, well drained productive soils. May include area such as hedgerow or wet areas, such areas shall not exceed 15% of total area. III 600 Fair to Poor, Cultivated land, best suited for pasture, shallow topsoil or very sandy soil, or steep. IV 500 Very Poor, Rough land heavily interspersed with wet drains, extremely deep sand, stumps, mostly unsuitable for tending with mechanized equipment. WOODLAND
Code Value/Acre Definition of Code
W1 400 Excellent, level to very gently sloping topography, suitable for clearing and cultivation as Class I or II. 95% of area suitable for site preparation or tree planting. W2 300 Average woodland with 80% of area suitable for site preparation and tree planting, or possibly yielding 50-70% of area suitable for clearing as cultivated land. W3 200 Small hardwood branches, extremely sandy soils, generally unsuitable for farming activity, limited to possibly 25-35% of area suitable for site preparation and tree planting. W4 150 Large creek swamps, bottomland hardwood areas, suitable for hardwood timber production only. W5 50 Unproductive – land recognized locally as extremely low value, including tupelo ponds, thick black gum ponds in swamp land, etc.
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ORCHARDS
Code Value/Acre Definition of Code OR1 700 Highly productive, well maintained on Class I or II land. OR2 575 Moderately productive, moderately well maintained Class I or II land. OR3 450 Low productive characteristics possibly over mature orchard or neglected.
PONDS
Acres _P1_ _P2_ _P3_
1 2,000 1,250 500
2 1,750 1,100 500
3 1600 1,000 500
4 1,500 900 500
5 1,400 800 500
6 1,300 750 500
7 1,200 700 500
8 1,100 650 500
9 1,000 600 500
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Sample Timber Appraisal Schedule County A
Pre -merchantable Stands
Value/Acre Description 0 Cutover, no value.
$25 Poor natural pine reproduction.
$40 Good natural pine reproduction.
$50 Planted pine (slash) below 10 ft. in height.
$75 Planted pine (slash) 10 to 20 ft. in height.
$125 Planted pine (slash over 20 ft. but still pre -merchantable or with a non-thinned volume below 12 cords per acre.
Merchantable Stand - Pine
Pulpwood Stand $18/Cord Chip -n-saw $35/Cord
G1 3-6 cds./ac. = $ 80/ac G2 3-6 cds./ac. = $ 160/ac
H1 7-12 cds./ac. = $170/ac H2 7-12 cds./ac. = $ 335/ac
I1 13 -18 cds./ac. = $280/ac I2 13 -18 cds./ac. = $ 545/ac
J1 19 -26 cds./ac. = $450/ac J2 19 -26 cds./ac. = $ 790/ac
K1 27 -35 cds./ac. = $560/ac K2 27 -35 cds./ac. = $ 1,085/ac
L1 35 + cds./ac. = $700/ac L2 35 + cds./ac. = $ 1,365/ac
Saw Timber Stand - $55/Cord Hardwood Value - $60/MBF
G3 3-6 cds./ac. = $ 250/ac HD1 Less than 1,000 = $ 45/ac BF/ac. H3 7-12 cds./ac. = $ 525/ac HD2 1,000 – 2,000 = $ 90/ac BF/ac. I3 13 -18 cds./ac. = $ 855/ac HD3 2,000 – 4,000 = $180/ac BF/ac. J3 19 -26 cds./ac. = $,1240/ac HD4 4,000 – 7,000 = $330/ac BF/ac. K3 27 -35 cds./ac. = $1,705/ac L3 35 + cds./ac. = $2,145/ac
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Sample Sales Questionnaires
SALE NO. 1
REF : MAP 2 PARCEL: 1_____
GRANTOR: Joseph P. Simmons______SALE DATE: Oct. 23, 1977______
GRANTEE: Grady Jones Simmons, Jr.______ACRES: 232______
RECORDED: 121-432______PLAT: 5-97 R/E TRANSFER TAX : 110.00__
SALE PRICE (INDICATED): $110,000______(VERIFIED): $110,040 (420/ac.)_
VERIFIED BY: Deed and closing attorney______
LOCATION (LEGAL AND GENERAL): Land lot 21, 22, 57, In bad land district of Oxbow_County.______
NEIGHBORHOOD: Good farming community.______
OCCUPATION AND MOTIVE OF SELLER: Farmer, now retired and lives in Macon, GA
OCCUPATION AND MOTIVE OF BUYER: Local farmer, lives about 10 miles south of _ property but rents another farm adjoining this one._
OTHER CONSIDERATIONS: 20 Ac. Peanut allotment.______
IMPROVEMENTS: Old barn (NV); 1 pole barn 24 x 48. TOTAL VALUE: $1500______
TIMBER VALUES: Cut one year prior to sale – To a 10” stump diameter – Remaining_____ reproduction had very little to no influence on sale.___ TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Grantee no relation to the grantor.______
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SALE NO. 2
REF: MAP 12 PARCEL: 21__
GRANTOR: I. Dunn Dunit______SALE DATE: Jan. 10, 1977______
GRANTEE: H. E. Soldit______ACRES: 516______
RECORDED: 132-651 ______PLAT: 8-21 R/E TRANSFER TAX : $246.00___
SALE PRICE (INDICATED): $246,000______(VERIFIED): $246,000______
VERIFIED BY: Seller______
LOCATION (LEGAL AND GENERAL): L. L. 121, 132, 133, 4 th land dist in northeast corner of county.______
NEIGHBORHOOD: Good rural active farming.______
OCCUPATION AND MOTIVE OF SELLER: Investor – Owns builders supply business in town.
OCCUPATION AND MOTIVE OF BUYER: Farmer – Owns adjoining land. Also owns about 1,500 ac. of timber-land.______
OTHER CONSIDERATIONS: Seller financed sale at 25% down, balance due in 10 equal___ payments at 8 1/2 % interest.______
IMPROVEMENTS: None ______TOTAL VALUE: ______
TIMBER VALUES: Mr. Dunit had cruise made just before selling property. He said timber value was $100,000.______TOTAL VALUE: $100,00____
LAND DESCRIPTION: Cultivated Acres -______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
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SALE NO. 3
REF: MAP: 12 PARCEL: 5___
GRANTOR: Arthur Johnson______SALE DATE: March 21, 1977___
GRANTEE: John and Mary Simmons___ ACRES: 116______
RECORDED: 130-12______PLAT : ______R/E TRANSFER TAX: $37.70_
SALE PRICE (INDICATED): $37,700 (VERIFIED): $37,700 (325/ac.)__
VERIFIED BY: Purchaser______
LOCATION (LEGAL AND GENERAL): Land lot 102, 2 nd land district 3 miles N. E. of_ Clinchville on county paved road.______
NEIGHBORHOOD : ______OCCUPATION AND MOTIVE OF SELLER: Owns garage – Reason for selling?______
OCCUPATION AND MOTIVE OF BUYER: Car salesman for Boxer Chevrolet Company (now building a home on the property).______
OTHER CONSIDERATIONS: ______
IMPROVEMENTS: None at purchase.______TOTAL VALUE: ______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
______
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SALE NO. 4
REF: MAP: 16 PARCEL: 12___
GRANTOR: Billy Robman______SALE DATE: May 16, 1977______
GRANTEE: James R. Boland______ACRES: 101______RECORDED : 121-16___ PLAT: 3-19 R/E TRANSFER TAX: $80.00____
SALE PRICE (INDICATED): $80,800 (VERIFIED): $80,800 ($800/ac.)_
VERIFIED BY: Deed______
LOCATION (LEGAL AND GENERAL): L. L. 21, 2 nd land district in southwest section of county on county graded road.
NEIGHBORHOOD: Fair Rural Area______
OCCUPATION AND MOTIVE OF SELLER: Farms some, buys and sells land, sells cars.___
OCCUPATION AND MOTIVE OF BUYER : Originally from this county retired from Air Force._Moving back home. Land located near father’s place._
OTHER CONSIDERATIONS: Owner financed at 9%, 10 yrs., $10,000 down payment - _Balance due in 10 payment at $11,032.06/yr.______
IMPROVEMENTS: ______TOTAL VALUE: - 0 -______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
______
______
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SALE NO. 5
REF: MAP: 97 PARCEL: 12___
GRANTOR: Samuel R. Roddenburg, et.al. SALE DATE: Dec. 30, 1976______
GRANTEE: Buck Creek Timber Co.______ACRES: 377______
RECORDED: 120-16 PLAT : ______R/E TRANSFER TAX: $110.00___
SALE PRICE (INDICATED): $110,000 ____ (VERIFIED): $110,000______
VERIFIED BY: Closing attorney______
LOCATION (LEGAL AND GENERAL): Buck Creek Community, L. L.’s 121, 122, 116, 118_5 th land district.______
NEIGHBORHOOD: Sparsely populated area adjoined by mostly timber tracts.______
OCCUPATION AND MOTIVE OF SELLER: Administrator of estate. Sold to convert asset to cash and divide among heirs.______
OCCUPATION AND MOTIVE OF BUYER : Bought for timber production.______
OTHER CONSIDERATIONS : Isolated - Access through adjoining owner only.______
IMPROVEMENTS: ______TOTAL VALUE: - 0 -______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
______
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SALE NO. 6
REF: MAP: 102 PARCEL: 3_
GRANTOR: Morgan Gilreath______SALE DATE: Feb. 3, 1977______
GRANTEE: Jimmy Johnson______ACRES: 320______
RECORDED: 127-37______PLAT: 10-10_ R/E TRANSFER TAX: $140.00__
SALE PRICE (INDICATED): $140,000 exchange and assumption of loan and 50 acres of land in Bartow.______(VERIFIED): ______
VERIFIED BY: ______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Good farming neighborhood______
OCCUPATION AND MOTIVE OF SELLER: Sold family farm. Went to work for State Government. In bad health and doctor told him to get job with less worry.______
OCCUPATION AND MOTIVE OF BUYER: Young local farmer - Expanding farm operation (adjoining owner)
OTHER CONSIDERATIONS: 15 acre peanut allotment, 40 head cattle, all farm equipment_ included, 2 tractors, harrows, cultivators, etc.______
IMPROVEMENTS: 2 grain bins @ $2500 each, 1 brick veneer house 1600 sq. ft. _____
______TOTAL VALUE: - 0 -______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
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SALE NO. 7
REF: MAP: 36 PARCEL: 5____
GRANTOR: Edward Neely SALE DATE: Jan. 30, 1977______GRANTEE: Rainbow Sims ACRES: 100 acres______
RECORDED : 130-12_____ PLAT: ______R/E TRANSFER TAX: $57.00__
SALE PRICE (INDICATED): $57,000 _ (VERIFIED): ______
VERIFIED BY: ______
LOCATION ( LEGAL AND GENERAL):
NEIGHBORHOOD: Good rural farming neighborhood.______
OCCUPATION AND MOTIVE OF SELLER: Absentee Owner – Has been renting land to Mr. Sims for several years.______
OCCUPATION AND MOTIVE OF BUYER: Mr. Sims, farmer, owns local cotton farmer’s warehouse & fertilizer distributorship.______
OTHER CONSIDERATIONS: ______
IMPROVEMENTS: Old barn – Occasionally used to store hay, but of no value.______
______TOTAL VALUE: ______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Mr. Neely financed $50,000 of sale at 9% for 10 years with payments due______
Jan. 5, 1978 and each Jan. 5 th thereafter until paid in full. Payments are $7,147.71 per year.__
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SALE NO. 8
REF : MAP: 73 PARCEL: 12_
GRANTOR: Mary Alice Martin SALE DATE: May 20, 1977____
GRANTEE: John D. & Susan F. Moore ACRES: 160 acres______RECORDED : ______PLAT: ______R/E TRANSFER TAX: $132.00_
SALE PRICE (INDICATED): $132,000______(VERIFIED): $132,000______
VERIFIED BY : Mr. Moore______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: On. U. S. Hwy 12 north of town about 8 miles.______
OCCUPATION AND MOTIVE OF SELLER : Local resident, husband died. Mrs. Martin_____ retained life estate in old house on property.______
OCCUPATION AND MOTIVE OF BUYER: Owns tractor dealership here in town – Also farms and owns a farm about one mile from Martin place.______
OTHER CONSIDERATIONS: ______
IMPROVEMENTS: House value about $6,000 but probably had no real influence on sale price.
______TOTAL VALUE: ______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: On May 25, 1977 timber sold to J & B Timber Co. for $62,000. Contract includes all timber regardless of size or species. Apparently had a commitment on timber at time he____ bought the land. (Note that land was bought on May 20, then on May 25, he sold timber______indicating that he was well informed at time of purchase.______
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SALE NO. 9
REF: MAP: 36 PARCEL: 14___
GRANTOR: Lucille B. Balcom______SALE DATE: Aug. 12, 1977______
GRANTEE: Valley Lumber Co. _ ACRES: 840______
RECORDED: __130-12__ PLAT: ______R/E TRANSFER TAX: $151.20___
SALE PRICE (INDICATED): (VERIFIED): $151,200.00______
VERIFIED BY: Mr. Richards (Valley Lumber Co.)______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Located on Tiger River______
OCCUPATION AND MOTIVE OF SELLER: Absentee owner______
OCCUPATION AND MOTIVE OF BUYER: Local timber company______
OTHER CONSIDERATIONS: None______
IMPROVEMENTS: ______
______TOTAL VALUE: ______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Valley lumber Co. bought timber in Nov. 1976 for $147,000 (all merchantable____ timber) then bought land this year. Said owner contacted him in May of 1977. There was no__ agreement at time timber was sold that land would be bought later. Mr. Richards said they____ probably would not cut the timber now that they owned the land.______
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SALE NO. 10
REF: MAP: 53 PARCEL: 16___
GRANTOR: Albone Baxley _ SALE DATE: May 23, 1977______
GRANTEE: J. B. Jones & A. P. Darley____ ACRES: 193______
RECORDED: 118-32 PLAT: 5-62 R/E TRANSFER TAX: $83.50____
SALE PRICE (INDICATED): ______(VERIFIED): $83,500.00______
VERIFIED BY: Mr. Darley______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Northwest part of county – Some farming but mostly a timberland area.__
OCCUPATION AND MOTIVE OF SELLER: “Freckles” Baxley is local “wheeler-deeler” – Land speculator. Never been known to work for living.______
OCCUPATION AND MOTIVE OF BUYER: Buyers are brothers-in-law – Mr. Jones is an____ attorney in Atlanta; Darley, a local realtor, owns about 2000 more acres of land incounty______and adjoining county.______
OTHER CONSIDERATIONS: ______
IMPROVEMENTS: ______TOTAL VALUE: ______
TIMBER VALUES: According to Mr. Darley’s inventory by Forest Management Service Co. –_
Timber value is $43,500 ____ TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Mr. Darley said he figured he had around $200 in the land without timber.______
______
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SALE NO. 11
REF: MAP: 83 PARCEL: 15___
GRANTOR: J. B. Jones & A. P. Darley ___ SALE DATE: Oct. 10, 1977_____
GRANTEE: Robert Addled ___ ACRES: 85______
RECORDED: 121-12 PLAT: ______R/E TRANSFER TAX: $34,000__
SALE PRICE (INDICATED): ______(VERIFIED): $34,000 (400/ac.)___
VERIFIED BY: Deed______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Well populated rural area – On graded county road______
OCCUPATION AND MOTIVE OF SELLER: Jones an attorney, Darley a realtor______
OCCUPATION AND MOTIVE OF BUYER: Works in quality control lab as supervisor in ____ garment plant in adjoining county.______
OTHER CONSIDERATIONS: Father recently died. Mr. Addled was only heir to his estate.___
IMPROVEMENTS: ______TOTAL VALUE: ______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Deed book 121, Pg. 37, R. B. Haddit, in April 1975 sold this land to Jones and___ Darley for $51,000 ($600/ac.). They later sold timber (amount unknown). This tract has been__ known locally as a good timber tract.______
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SALE NO. 12
REF: MAP: 50 PARCEL: 30______
GRANTOR: Johnny Onthespot SALE DATE: Feb. 20, 1977______
GRANTEE: I. B. Slingnasty ACRES: 250______
RECORDED: 125-121 PLAT: _____ R/E TRANSFER TAX: $76.70______
SALE PRICE (INDICATED): $76,700 VERIFIED : $76,680______Assumption of Loan $88,260 $164.940 ($660/Ac)
VERIFIED BY: Deed______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Excellent farming area______
OCCUPATION AND MOTIVE OF SELLER: Farmer – Owns other farmland. This tract was__ about 10 miles from his main operation.______
OCCUPATION AND MOTIVE OF BUYER: Neighboring farmer______
OTHER CONSIDERATIONS: Peanut allotment – 30 acres.______
IMPROVEMENTS: 1 Grain bin - $2500 – nice brick home ($22,000) ______
______TOTAL VALUE: ______
TIMBER VALUES: ______TOTALVALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: House sold in Feb 21, 1977 to R. B. Whatchamacallit for $22,000. Mr. Slingnasty_ assumed Federal Land Bank loan for $88,260.______
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SALE NO. 13
REF: MAP: 50 PARCEL: 15_____
GRANTOR: Ben Spent SALE DATE: June 5, 1977______
GRANTEE: J. B. Bramlet ACRES: _____280______
RECORDED: PLAT: ______R/E TRANSFER TAX: $118.00_____
SALE PRICE (INDICATED): $118,000 ($421/ac.)__ (VERIFIED): ______
VERIFIED BY: ______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Fair, not too well populated.______
OCCUPATION AND MOTIVE OF SELLER: Retired farmer, renting farm to neighbor.______
OCCUPATION AND MOTIVE OF BUYER: Former county agent, moved back home to farm__
with father who is getting old.______
OTHER CONSIDERATIONS: Seller financed $75,000 for 10 years at 6%, 10 equal annual___ payments.______
IMPROVEMENTS: ______TOTAL VALUE: - 0 -______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
______
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SALE NO. 14
REF: MAP: 53_ PARCEL : 12_____
GRANTOR: James R. Mackey SALE DATE: Sept. 12, 1977______
GRANTEE: T. B Tomlinson ACRES: 1365______
RECORDED: 123-413 PLAT: None R/E TRANSFER TAX: $169.00____
SALE PRICE (INDICATED): $169,000 + Loan____ (VERIFIED): $545,000 (399/ac.)_____
VERIFIED BY: Purchaser______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Active farm neighborhood______
OCCUPATION AND MOTIVE OF SELLER: Farmer, building contractor, said to have lost money in Florida during recent recession.
OCCUPATION AND MOTIVE OF BUYER: Local farmer also owns 1,500 acre farm tract about two miles from this place.______
OTHER CONSIDERATIONS: 40 acre peanut allotment.
IMPROVEMENTS: 2 grain bins, 2 tenant houses, 2 pole barns, 1 house______
______(Estimated Total Value TOTAL VALUE: $38,000)______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Assumed a loan outstanding at Federal Land Bank for $376,000.00______
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SALE NO. 15
REF: MAP: 102 PARCEL: 1_____
GRANTOR: I. M. Broke SALE DATE: Oct. 10, 1977______
GRANTEE: I. B. Richer ACRES: 107
RECORDED: __118-12______PLAT: None _ R/E TRANSFER TAX: $45.00______
SALE PRICE (INDICATED): ______(VERIFIED): $45,000.00(420/ac.)___
VERIFIED BY: ______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Good – Heavily populated rural area
OCCUPATION AND MOTIVE OF SELLER: Investor, land buyer (land speculator), known to be active in buying and selling land.
OCCUPATION AND MOTIVE OF BUYER: Owns rental property in town and operates an insurance agency. Reason for purchase?
OTHER CONSIDERATIONS: ______
IMPROVEMENTS: ______TOTAL VALUE : ______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Mr. Broke bought this tract in July 1975 for $189.00 per acre. See deed book 98, ___ Pg. 432.______
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SALE NO. 16
REF: MAP: 82 PARCEL: 12_____
GRANTOR: Robert & Julia Cannon SALE DATE: Aug. 3, 1977______
GRANTEE: Sam and Margie Galdre ACRES: 216
RECORDED: ______PLAT: ______R/E TRANSFER TAX: $135.00____
SALE PRICE (INDICATED): $135,000 ______(VERIFIED): ______
VERIFIED BY: ______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Good farm area, fairly heavy population______
OCCUPATION AND MOTIVE OF SELLER: Sold farm and retired – Moved to mountains in__
North Georgia.______
OCCUPATION AND MOTIVE OF BUYER: Bought to farm – Young farmer just getting started.
OTHER CONSIDERATIONS: $25,000 down payment – Balance due 5 years @ 8% interest___
IMPROVEMENTS: Old house $13,500, 2 pole barns, 1 barn, feed lot, grain bin, other______equipment including tractors (2). Has pecan orchard (good producer) and big lake (16 acres).__
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: Deed calls for 216 acres. Photo reveals 197 acres and property lines appear to be_ correct??______
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SALE NO. 17
REF: MAP: 12 PARCEL: 13______
GRANTOR: Thomas B. Kilroy SALE DATE: Nov. 14, 1977______
GRANTEE: John and Saler K. Montgomery ACRES: 127
RECORDED: 124-19___ PLAT: None R/E TRANSFER TAX: $30.00______
SALE PRICE (INDICATED): $30,000 (236/ac.)__ (VERIFIED): ______
VERIFIED BY: ______
LOCATION (LEGAL AND GENERAL): ______
NEIGHBORHOOD: Excellent farm area – Close to town, 2 miles.______
OCCUPATION AND MOTIVE OF SELLER: Mr. Kilroy farms along with his two sons-in-law.____
OCCUPATION AND MOTIVE OF BUYER: Mrs. Montgomery is Mr. Kilroy’s daughter_____
OTHER CONSIDERATIONS: ______
IMPROVEMENTS: ______TOTAL VALUE: - 0 -______
TIMBER VALUES: ______TOTAL VALUE: ______
LAND DESCRIPTION: Cultivated Acres - _____ PASTURE: ______
WOODLAND BY TIMBER TYPES: ______NET LAND VALUE: ______
REMARKS: ______
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SALE NO. 18
REF: MAP: 50 PARCEL: 12_____
GRANTOR: A. P. Barrentine, Et. Al. ____ SALE DATE : April 12, 1977______
GRANTEE: New River Wood Producers Co.___ ACRES: 670______
RECORDED: 119-253___ PLAT: None___ R/E TRANSFER TAX: $150.00______
SALE PRICE (INDICATED): $150,000 (VERIFIED): $150,000 (224/ac.)_____
VERIFIED BY: Forester for New River Wood Products.______
LOCATION (LEGAL AND GENERAL):______
NEIGHBORHOOD: Remote area of county.______
OCCUPATION AND MOTIVE OF SELLER: Administrator of O. B. Barrentine Estate. Sold to divide cash among heirs._____
OCCUPATION AND MOTIVE OF BUYER: Bought for timber production.______
OTHER CONSIDERATIONS: None______
IMPROVEMENTS: None ______TOTAL VALUE: ______
TIMBER VALUES: Timber sold in Feb 1976 with 12 month contract – Cut to 8” stump.______diameter. ______TOTAL VALUE: ______
LAND DESCRIPTION: CULTIVATED ACRES: ______PASTURE: ______
WOODLAND BY TIMBER TYPES: NET LAND VALUE: ______
REMARKS: Sold on sealed bid basis. 4 bids were submitted ranging from $120,000 to $150,000.______
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Building Large Tract Base Schedules – Extraction of Timber Values
After all sales of rural land have been gathered and qualified, the appraiser must extract the value of all non-land items from the sales price. Non-land items will include but not be limited to, improvements, crop quotas or allotments, timber, personal property, etc.
In some situations, the appraiser may determine that the harvest value of timber had no bearing on the sales price. These situations will normally occur when the tract is not of a size where timber production would be a viable option. Usually, where timber production is not a viable option, the presence of trees does impact the value from an aesthetic standpoint and should be considered when assigning desirability codes.
In all cases where the market value of the standing timber contributed to the sales price, the appraiser must obtain the value of the timber and deduct it from the sales price. As discussed earlier in the course with regard to Rule 560-11-10-.09(3)(b)(2)(v) Standing Timber Value Extraction, there are two options available for obtaining the value of the timber:
¢ Reliable information from the buyer/seller ¢ Calculation of timber value based on volume and pricing information
The appraiser may consult with the buyer and or seller of the property concerning the consideration of value given to the standing timber in the property transaction. The consultation may take place by mail, phone or direct discussion with the party. A recording of the date and method of consultation should be made by the appraiser.
If possible, the appraiser should ask for a copy of a cruise if made by a registered forester and inform the buyer/seller that the information will be held in strict confidentiality. If a cruise is not available and a timber value is provided, the appraiser must use his/her judgement as to the reliability of the information.
If the timber consideration is not available from the buyer/seller or the appraiser desires to confirm the information that was provided in the consultation, the timber value may be calculated using the valuation methods defined in Rule 560-11-10-.09(3)(b)2(v)(I)I. As prescribed in the aforementioned Rule, the appraiser should calculate the value of all product classes of merchantable timber (trees 15 years and older) and the value of all pre-merchantable timber and sum both values to obtain the total timber value.
The calculate the value of merchantable and pre-merchantable timber, the appraiser will be required to gather data with regard to the volume of the timber product classes and the pricing that corresponds to the time of the sale. Volume information may come from the buyer/seller or a party trained in the gathering of such information. Pricing information can come from the local market or from the Table of Owner Harvest Timber Value as prepared by the Revenue Commissioner on an annual basis. The
201 appraiser should ensure that the pricing information is as close as possible to the date of the sale due to the fluctuation in timber prices.
After the volume and pricing information is obtained, the appraiser may use forms similar to the ones on the following pages to calculate the timber value for the sale.
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Timber Valuation Worksheet - Merchantable Timber Map ID: Date: Buyer/Seller Value: Estimated Value Calculations Product Class Volume (Tons) Unit Price Value Softwood Pulpwood Softwood Chip -n-Saw Softwood Sawtimber Softwood Poles Softwood Posts Softwood Fuelchips Hardwood Pulpwood Hardwood Sawtimber Hardwood Firewood Total Merchantable Timber Value Information Supplied by:
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Timber Valuation Worksheet - Pine Pre -Merchantable (Planted) Map ID: Date:
Buyer/Seller Value: Estimated Value Calculations Product Class Vol(Tons)/Acre Unit Price Stocking Density Value Pulpwood Chip -n-Saw Total Value/Acre (Pulpwood + Chip -n-Saw) Acres of Pre -Merch Total Value (Total Value/Acre x Acres) Cost (Cost of Establishing Stand / Acre * Acres) Base Value (Total Value – Cost) Age of Merch (15 is default; local conditions take precedence) Average Annual Timber Growth (Base Value ÷ Age of Merchantability) Age of Stand (in years) Accumulated Timber Growth (Average Annual Timber Growth * Age of Stand) Total Accumulated Value (Accumulated Timber Growth + Cost) Information Supplied by:
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Timber Valuation Worksheet - Pine Pre -Merchantable (Natural) Map ID: Date:
Buyer/Seller Value: Estimated Value Calculations Product Class Vol(Tons)/Acre Unit Price Stocking Density Value Pulpwood .50 Chip -n-Saw .50 Total Value/Acre (Pulpwood + Chip -n-Saw) Acres of Pre -Merch Base Value (Total Value/Acre x Acres) Age of Merch (15 is default; local conditions take precedance) Average Annual Timber Growth (Base Value ÷ Age of Merchantability) Age of Stand (in years) Value of Accumulated Growth (Avg Annual Timber Growth * Age of Stand) Information Supplied by:
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Timber Valuation Worksheet - Hardwood Pre -Merchantable (Natural) Map ID: Date:
Buyer/Seller Value: Estimated Value Calculations
Product Class Vol(Tons)/Acre Unit Price Stocking Density Value Pulpwood .40 Chip -n-Saw .40 Total Value/Acre (Pulpwood + Chip -n-Saw) Acres of Pre -Merch Base Value (Total Value/Acre x Acres) Age of Merch (15 is default; local conditions take precedance) Average Annual Timber Growth (Base Value ÷ Age of Merchantability) Age of Stand (in years) Value of Accumulated Growth (Avg Annual Growth * Age of Stand *.40) Information Supplied by:
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Timber Value Summary Map ID: Date: Timber Type Value Merchantable Pine Pre -Merchantable (Planted) Pine Pre -Merchantable (Natural) Hardwood Pre -Merchantable Total Value of all Timber Types
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The following worksheet can be used as a guide to generate the volume of pre-merchantable timber stands that are being valued with productivity ratings and the Productivity – Timber Yield charts found in Rule 560-11-10-.09(3)(b)2(v)(I)II. A separate worksheet should be compiled for the various timber types and age of stand categories that are present on a parcel. The volume entries for pulpwood and chip-n- saw are found in the Productivity-Timber Yield charts.
The % of Stand Ac column is calculated based on the acres within the productivity rating divided by the total acres with the timber type-age stand. For example, if a planted pine stand contained 20 acres of 6 year old Slash pine with 5 acres in a Productivity Class of 2, the % of Stand Acreage calculation would be 5 ÷ 20 = .25 or 25%.
The Wt PW Vol (weighted pulpwood volume) and the Wt CS Vol (weighted chip-n-saw volume) columns will contain the weighted volumes for pulpwood and chip-n-saw within the productivity rating. Using the 25% of Stand Acreage within Productivity Class 2 for the Slash pine, if the pulpwood tons/acre is 90 tons and the chip-n-saw tons/acre is 10, the weighted volume values would be calculated as follows:
• Wt PW Vol = 90 * .25 = 22.50 • Wt CS Vol = 10 * .25 = 2.50
The summation of the weighted volume columns would be placed in Total Volume. The Total Volume is then used in the pre-merchantable timber calculation.
Productivity -Volume Worksheet Map ID: Acres: Date:
Volume – Tons/Acre
Productivity Pulpwood Chip -n-Saw % of Stand Ac Wt PW Vol Wt CS Vol
1 2 3 4 5 6 7 8 9 Total Volume
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Standing Timber Extraction 560-11-10-.09(3)(b)2(v): (v) Standing Timber Value Extraction. When determining the market value of land underlying standing timber, where such standing timber is taxed in accordance with Code section 48-5-7.5, the appraiser shall not rely exclusively on the sales prices of such land that has recently had the timber harvested. Rather he or she shall also consider sales of land with standing timber after the value of such standing timber has been determined in accordance with this subparagraph and deducted from the selling price.
(I) Determine timber value from buyer and seller For all types of timber, the value of the standing timber on recently sold land should be determined from reliable information from the buyer and seller clearly segregating the value of the standing timber from the underlying land. In the absence of such information, the appraiser may use one of the following methods to determine the value of the standing timber if in his or her judgment the results are reasonably consistent with other sales where buyer and seller information is known:
I. Calculate value of merchantable timber For all types of merchantable timber, the value of the standing timber may be determined by multiplying estimated volumes by product class, such as softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood, of timber on the property by prices for each product class as obtained from the table of weighted average prices paid for harvested timber applicable to the year during which the sale occurred and prepared by the Commissioner pursuant to paragraph (g) of Code section 48-5-7.5. For the purposes of this subparagraph, merchantable timber shall include stands that have been in production for more than fifteen years. Estimated volumes by product class may be obtained by one of the following methods: reliable information from the buyer or seller or from specially trained data collectors who have estimated volumes from a visual on-site inspection or from an aerial survey.
II. Calculate value of pre-merchantable planted pine timber For pre-merchantable planted pine timber, the value of the standing timber may be determined by estimating the value of the timber at the age of merchantability and then prorating this value to the actual age of the pre-merchantable stand. The appraiser may arrive at this estimate using the following steps:
A. For each applicable timber product class, multiply the estimated tons of timber volume yield per acre for each product class at the age of merchantability times the locally prevailing timber price per ton of such product classes. Sum the individual results of the timber product class calculations into a single result.
(A) In the absence of reliable locally prevailing timber price per ton information, the appraiser may use timber price per ton from the table of weighted average prices paid for harvested timber prepared by the Commissioner pursuant to paragraph (g) of Code section 48-5-7.5.
(B) In the absence of specific yield information to the contrary, the appraiser may estimate timber volume yields at an average yield of 52.2 tons per acre or preferably by using the land productivity classifications established by Rule 560-11-10-.09(3)(b)(2)(i) and the following tables of estimated yields of fully stocked planted timber stands at age fifteen, and then adjusting the yields according to the actual stocking density of the timber stand.
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Loblolly Pine – Lower Coastal Plain Georgia Tax Georgia Tax Site Index Used Tons/Acre Productivity Adjusted Site For Growth @ Age Pulpwood Chip-n-Saw Rating Index Range Projections 15 1 90 – 101 96 139 125 14 2 85 – 89 87 110 99 11 3 81 – 84 83 98 88 10 4 80 80 90 81 9 5 75 – 79 77 81 73 8 6 70 – 74 72 69 66 3 7 60 – 69 65 53 51 2 8 10 – 59 45 19 19 0 9 0 - 9 0 0 - -
Loblolly Pine – Upper Coastal Plain Georgia Tax Georgia Tax Site Index Used Tons/Acre Productivity Adjusted Site For Growth @ Age Pulpwood Chip-n-Saw Rating Index Range Projections 15 1 90 – 101 96 129 116 13 2 85 – 89 87 103 93 10 3 81 – 84 83 93 84 9 4 80 80 85 77 8 5 75 – 79 77 78 70 8 6 70 – 74 72 67 63 4 7 60 – 69 65 52 49 3 8 10 – 59 45 18 18 0 9 0 - 9 0 0 - -
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Loblolly Pine – Piedmont Georgia Tax Georgia Tax Site Index Used Tons/Acre Productivity Adjusted Site For Growth @ Age Pulpwood Chip-n-Saw Rating Index Range Projections 15 1 90 – 101 96 123 111 12 2 85 – 89 87 98 88 10 3 81 – 84 83 88 79 9 4 80 80 81 73 8 5 75 – 79 77 74 66 8 6 70 – 74 72 62 59 3 7 60 – 69 65 48 46 2 8 10 – 59 45 17 17 0 9 0 - 9 0 0 - -
Slash Pine – Lower Coastal Plain Georgia Tax Georgia Tax Site Index Used Tons/Acre Productivity Adjusted Site For Growth @ Age Pulpwood Chip-n-Saw Rating Index Range Projections 15 1 90 – 101 96 155 139 16 2 85 – 89 87 114 103 11 3 81 – 84 83 98 88 10 4 80 80 87 78 9 5 75 – 79 77 77 69 8 6 70 – 74 72 61 58 3 7 60 – 69 65 42 40 2 8 10 – 59 45 11 11 0 9 0 - 9 0 0 - -
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Slash Pine – Upper Coastal Plain Georgia Tax Georgia Tax Site Index Used Tons/Acre Productivity Adjusted Site For Growth @ Age Pulpwood Chip-n-Saw Rating Index Range Projections 15 1 90 – 101 96 150 135 15 2 85 – 89 87 113 102 11 3 81 – 84 83 99 89 10 4 80 80 87 78 9 5 75 – 79 77 77 69 8 6 70 – 74 72 62 59 3 7 60 – 69 65 43 41 2 8 10 – 59 45 12 12 0 9 0 - 9 0 0 - -
(C) In the absence of reliable local information on typical timber product class volume yields at the age of merchantability, the appraiser may assume that 90% of the timber will be pulpwood and 10% will be chip-n-saw.
B. Multiply the result in subparagraph A. by the number of acres of pre-merchantable timberland.
C. Deduct from the result in subparagraph B. the normal cost to establish a timber stand on cut over woodland, which shall be known as the base value. Normal cost may be determined from planters, local site preparation and planning contractors and other reliable sources.
D. Divide the result in subparagraph C. by the age of merchantability to determine the average annual timber growth value. In the absence of reliable local information to the contrary, the age of merchantability shall be fifteen years.
E. Multiply the result in subparagraph D. by the actual age of the standing timber to arrive at the value of the accumulated timber growth.
F. Add back the base value deducted in subparagraph C. to the result in subparagraph E. to yield the total value of the pre-merchantable standing timber.
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III. Determine value of other pre-merchantable timber. For types of pre-merchantable timber other than planted pine, the value of the standing timber may be determined from the best information available. In the absence of local reliable information to the contrary, the value of other pre-merchantable timber may be estimated as follows:
A. Natural stands less than five years of age should be assigned no value.
B. Natural pre-merchantable stands five years of age and older should be valued in the same manner as planted pine timber is valued, except the appraiser should make no adjustments for the base cost of establishing the timber stand; yields for natural pine stands should be estimated at fifty percent of the volume determined for a planted pine stand; and yields for hardwood stands should be estimated at forty percent of the value determined for a planted pine stand.
Table of Owner Harvest Timber Values (2005) The tables of Owner Harvest Timber Values as defined in Code section 48-5-7.5 are created by the Revenue Commissioner after consultation with the Georgia Forestry Commission. The tables containing weighted average price paid for the various timber categories are to be prepared within 60 days of the end of each calendar year.
The tables of Owner Harvest Timber Values can be printed and/or downloaded from the following site: https://dor.georgia.gov/timber-assessment-values
The tables are available from 2006 until the current year and contain timber values for all counties. When working with the APM Regulations presented above, the appraiser should take caution and use the timber values from the proper year.
For the purpose of this class, we will use the timber prices for Burke County contained in the excerpt from the Table of Owner Harvest Timber Value below.
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County Softwood Softwood Softwood Softwood Softwood Softwood Hardwood Hardwood Hardwood Pulpwood chip-n- Sawtimber Poles Posts Fuelchips Pulpwood Sawtimber Firewood saw Burke 6.13 21.70 34.91 50.75 4.69 .75 11.70 27.31 7.10
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Timber Valuation – Example 1
Map ID 022-009 is a 600 acre tract of rural land which sells for $850,000. All indications are that the sell is qualified. However, upon inspection of the parcel, the appraiser notes that there is a considerable amount of timber present on the property. Efforts to contact the buyer and seller have produced no information with regard to timber values or volumes.
The county contracts with a registered forester who upon a visit to the property and the use of aerial photography concludes that the following timber volumes and acres are present. The forester, also, states that the stocking density of the pre-merchantable stands is average and the cost of establishing planted timber stands is about $130 per acre.
Merchantable Timber Timber Type Tons Pine Pulpwood 200 Pine Chip -n-Saw 1500 Pine Sawtimber 6300 Hardwood Sawtimber 550
Pre -Merchantable Timber Timber Type Age Acres Pine 7 60.00 Pine 12 25.00
The appraiser must now determine the value of the timber that is to be deducted from the sales price. Use the Table of Owner Harvest Timber Values provided in the manual for Burke County.
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Timber Valuation Worksheet - Merchantable Timber Map ID: 022 -009 Date: 06/30/05 Buyer/Seller Value: Estimated Value Calculations Product Class Volume (Tons) Unit Price Value Softwood Pulpwood 200 6.13 1,226 Softwood Chip -n-Saw 1500 21.70 32,550 Softwood Sawtimber 6300 34.91 219,933 Softwood Poles Softwood Posts Softwood Fuelchips Hardwood Pulpwood Hardwood Sawtimber 550 27.31 15,021 Hardwood Firewood Total Merchantable Timber Value 268,730 Information Supplied by:
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Timber Valuation Worksheet - Pine Pre -Merchantable (Planted) Map ID: 022 -009 Date: 06/30/05 Buyer/Seller Value: Estimated Value Calculations Product Class Vol(Tons)/Acre Unit Price Stocking Density Value Pulpwood (52.2 * .90) 47 6.13 1.00 288 Chip -n-Saw (52.2 * .10) 5.0 21.70 1.00 109 Total Value/Acre (Pulpwood + Chip -n-Saw) 397 Acres of Pre -Merch . 60.00 Total Value (Total Value/Acre x Acres) 23,820 Cost (Cost of Establishing Stand / Acre * Acres) 7,800 Base Value (Total Value – Cost) 16,020 Age of Merch . (15 is default; local conditions take precedence) 15 Average Annual Timber Growth (Base Value ÷ Age of Merchantability) 1,068 Age of Stand (in years) 7 Accumulated Timber Growth (Average Annual Timber Growth * Age of Stand) 7,476 Total Accumulated Value (Accumulated Timber Growth + Cost) 15,276 Information Supplied by:
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Timber Valuation Worksheet - Pine Pre -Merchantable (Planted) Map ID: 022 -009 Date: 06/30/05 Buyer/Seller Value: Estimated Value Calculations Product Class Vol(Tons)/Acre Unit Price Stocking Density Value Pulpwood (52.2 * .90) 47 6.13 1.00 288 Chip -n-Saw (52.2 * .10) 5.0 21.70 1.00 109 Total Value/Acre (Pulpwood + Chip -n-Saw) 397 Acres of Pre -Merch 25 Total Value (Total Value/Acre x Acres) 9,925 Cost (Cost of Establishing Stand / Acre * Acres) 3,250 Base Value (Total Value – Cost) 6,675 Age of Merch (15 is default; local conditions take precedance) 15 Average Annual Timber Growth (Base Value ÷ Age of Merchantability) 445 Age of Stand (in years ) 12 Accumulated Timber Growth (Average Annual Timber Growth * Age of Stand) 5,340 Total Accumulated Value (Accumulated Timber Growth + Cost) 8,590 Information Supplied by:
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Timber Value Summary Map ID: 022 -009 Date: 06/30/05 Timber Type Value Merchantable 268,730 Pine Pre -Merchantable (Planted) 23,866 Pine Pre -Merchantable (Natural) Hardwood Pre -Merchantable Total Value of all Timber Types 292,596
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Timber Valuation – Example 2
Map ID 022-010 is a 200 acre tract of rural land which sells for $300,000. All indications are that the sell is qualified. Upon inspection of the parcel, the appraiser notes that the entire 200 acres is planted pine. Efforts to contact the buyer and seller have produced no information with regard to timber values or volumes but the seller did state that the age of the Loblolly planted pine stand is 5 years.
The county has soil maps and has determined the following with regard to productivity ratings and acreage. Information from a forester states that Burke County is in the Upper Coastal Plain region, the stocking density of the pre-merchantable Loblolly stand is average and the cost of establishing planted timber stands is about $130 per acre.
Productivity Rating Acres 2 80 5 100 8 20
The appraiser must now determine the value of the timber that is to be deducted from the sales price. Use the Table of Owner Harvest Timber Values provided in the manual for Burke County and the land productivity rating-timber yield table provided in Rule 560-11-10-.09(3)(b)2(v)(I)II.
Productivity -Volume Worksheet Map ID: 022 -010 Acres: 200.00 Date: 06/30/05
Volume – Tons/Acre
Productivity Pulpwood Chip -n-Saw % of Stand Ac Wt PW Vol Wt CS Vol
2 93 10 80 acs – 40% 37.20 4.00 5 70 8 100 acs – 50% 35.00 4.00 8 18 0 20 acs – 10% 1.80 0.00 Total Volume 74.00 8.00
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Timber Valuation Worksheet - Pine Pre -Merchantable (Planted) Map ID: 022 -010 Date: 06/30/05 Buyer/Seller Value: Estimated Value Calculations Product Class Vol(Tons)/Acre Unit Price Stocking Density Value Pulpwood 74.00 6.13 1.00 454 Chip -n-Saw 8.00 21.70 1.00 174 Total Value/Acre (Pulpwood + Chip -n-Saw) 628 Acres of Pre -Merch 200.00 Total Value (Total Value/Acre x Acres) 125,600 Cost (Cost of Establishing Stand / Acre * Acres) 26,000 Base Value (Total Value – Cost) 99,600 Age of Merch (15 is default; local conditions take precedence) 15 Average Annual Timber Growth (Base Value ÷ Age of Merchantability) 6,640 Age of Stand (in years) 5 Accumulated Timber Growth (Average Annual Timber Growth * Age of Stand) 33,200 Total Accumulated Value (Accumulated Timber Growth + Cost) 59,200 Information Supplied by:
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Timber Value Summary Map ID: 022 -010 Date: 06/30/05 Timber Type Value Merchantable Pine Pre -Merchantable (Planted) 59,200 Pine Pre -Merchantable (Natural) Hardwood Pre -Merchantable Total Value of all Timber Types 59,200
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Rural Land Location and Size Adjustments
560-11-10-.09(3)(b)2(iii): (iii) Location and size adjustments. The appraisal staff should plot sales on an index map of the county where trends in sales prices based on size and location may be analyzed. From this analysis, the appraisal staff should develop adjustments for each homogeneous market area, which are based on a tract's location within the county. Within each identified homogeneous market area, sales should also be analyzed to develop adjustment factors for ranges of tract sizes where the market reflects a relationship between the value per acre and the number of acres in a tract. Such factors should be calculated to the fourth decimal place and should extend from the small acreage break point to the tract acreage point where size no longer appears to have a significant impact on the price paid per acre. The appraiser should select an acreage point between these two points that represents a typical agricultural use tract size and assign it an index factor value of 1.0000. Such adjustments should be supported by clearly identifiable changes in selling prices per acre. Finally, large acreage tracts that have sold within the most recent 24 months, unless no such sale has occurred in which case the look back period should be 48 months, should be appraised using the schedule of adjustment factors and a sales ratio study performed to test for uniformity and conformity of the schedule to Rule 560-11-2-.56, and if the schedule thus conforms, the adjustments shall then be applied to all other large acreage tracts that are within the scope of the schedule being tested.
Rural Land – Determination of Location/Size Factors for Large Parcels The base land values that were calculated for large tracts were a result of analyzing the market for the typical ag tract and determining the use values for such properties. The values that were calculated should contain little or no adjustment for location and size. However, within any county there will be parcels with acreage above the small acre break point but less than the standard ag parcel acreage. Typically, these parcels require adjustments for location and size to generate the property’s Fair Market Value.
The lack of size/location adjustments in a rural land schedule can result in the following situation where the small acre break point exists and the large tract land schedule is applied. The value of a 25.00 acre small parcel with an accessibility/desirability code of 3C is 25,000 (25 * 1,000/acre). The value of a 26 acre parcel that has 10 acres of Class II open land and 16 acres of Class W3 woodland is 11,800. The value difference of 13,200 dollars is difficult to explain to a taxpayer since the lower valued parcel is the larger of the two.
A more definitive means of determining the need for such adjustments would be through a sales- assessment ratio study. A ratio study performed on the 15 sales that were used to derive the large tract base land values would produce the following statistics:
¢ Median = .3951 ¢ COD = .0205 ¢ PRD = 1.0015
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If the sales of the 10 smaller ag tracts on the following pages are introduced into the study, the statistics are as follows:
¢ Median = .3818 ¢ COD = .1107 ¢ PRD = .9397
The statistics above indicate that the rural land large tract schedule is producing the correct assessment level with acceptable uniformity but the schedule contains bias toward the smaller tracts which is known as progressivity. In other words, the larger parcels would have the higher ratios. If the sales were arrayed by size, it would be obvious as to this fact.
The progressivity of the rural land schedule, in this case, is due to the lack of a component of fair market value which is an adjustment/factor for size and location. The size/location adjustment would fall under the category of “any other factors deemed pertinent in arriving at fair market value” as defined in Georgia Code Section 48-5-2.
The sales price of Sale #16 below is 27,000 with an accessibility assignment of 3. The appraised value of the land using the rural land base schedule is 22,900 as calculated below.
Classification Acre s $/Acre Value II 25.00 700 17,500 W2 18.00 300 5,400 Land “Use” Value 22,900
The value difference of 4,100 between the sales price and the Use Value can be attributed to size and location influences. In the business of mass appraisal, the value difference is best defined as a factor that can be easily applied to hundreds, perhaps thousands of parcels.
The size/location adjustment factor would be 1.1790 and would be calculated by dividing the residual land sales price by the land use value. The steps for the factor calculation are as follows:
¢ Residual Land Price = Sales Price – Non-Land Value ¢ Loc/Size Adj = Res Land Price / App Use Value (round to 4 decimal positions)
Accessibility assignments should be based on the location of the parcel within the county and the accessibility areas defined in the small parcel market analysis. Factors for all sales should be calculated and placed in an accessibility/desirability table at the proper acre level and accessibility code point such as in the example below using Sale #16.
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Acre/Acc 1 2 3 4 5 26.00 27.00 28.00 (29 – 42) 43.00 1.1790
After all size/location adjustments are calculated, the appraiser should establish a benchmark point in the table and then using interpolation routines to calculate accessibility and acreage factors, extend the factors throughout the accessibility/desirability table for tracts above the small acre break point.
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Sale # 1 6
Sales Price: 27,000
Timber Value: 0
Sale # 1 7
Sales Price: 39,000
Timber Value: 0
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Sale # 1 8
Sales Price: 22,525
Timber Value: 0
Sale # 1 9
Sales Price: 26,300
Timber Value: 8,660
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Sale # 20
Sales Price: 16,100
Timber Value: 4,725
Sale # 21
Sales Price: 34,400
Timber Value: 6,630
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Sale # 22 LOCATION 5 Sales Price: 7,175
Timber Value: 1,210
Sale # 23
Sales Price: 26,800
Timber Value: 4,000
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Sale # 24
Sales Price: 38,750
Timber Value: 0
Sale # 25
Sales Price: 30,100
Timber Value: 2,035
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Large Tract Transitional Table
Acres 1 2 3 4 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
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Rural Land Adjustments for Absorption
560-11-10-.09(3)(b)2(iv): (iv) Adjustments for absorption. When insufficient large tract sales are available to create a reliable schedule of factors, the appraisal staff may use comparable sales to develop values for the size tracts for which comparables exist, and then adjust these values for larger tracts by (1) estimating a rate of absorption for the smaller tracts for which data exists, (2) dividing the large tract into smaller, marketable sections, (3) developing a sales schedule with estimated income by year reflecting the absorption rate and the value characteristics of each of the smaller tracts, (4) discounting the income schedule to the present using an appropriate discount rate, and (5) summing the resulting values to arrive at an estimated value for the property.
Using Absorption Methodology in Rural Land Schedules In most counties, parcels of rural land exist that are larger than the typical size agricultural tract that sales. These “super-sized” parcels may range from 400 to 500 acres and up to thousands of acres depending upon the county. Typically, there are few sales to no sales of these type tracts. Consequently, the appraiser is left without any real guidelines as to how to make size adjustments to these parcels.
In the absence of adequate sales to develop size adjustments for the “super-sized” parcels, the APM provides the appraiser with a means of arriving at size adjustments through absorption methodology. The appraiser should remember that this methodology is used only when adequate sales of rural large tracts are not available to provide market indications of size factors.
In Rule 560-11-10-.02(1)(a), an absorption rate is defined as the rate at which the real estate market can absorb real property of a given type. In this situation, the appraiser is concerned with the rate at which a large tract of land can be absorbed by the market if it is divided into smaller marketable units and then determining the present worth of the property by discounting the future worth of the parcel to present day dollars.
Rule 560-11-10-.09(3)(b)(2)(iv) provides the methodology by which the appraise shall determine the rate of absorption and apply the rate to the valuation process. The Rule states
“When insufficient large tract sales are available to create a reliable schedule of factors, the appraisal staff may use comparable sales to develop values for the size tracts for which comparables exist, and then adjust these values for larger tracts by (1) estimating a rate of absorption for the smaller tracts for which data exists, (2) dividing the large tract into smaller, marketable sections, (3) developing a sales schedule with estimated income by year reflecting the absorption rate and the value characteristics of each of the smaller tracts, (4) discounting the income schedule to the present using an appropriate discount rate, and (5) summing the resulting values to arrive at an estimated value for the property. “
Each step of developing an absorption rate as outlined in the Rule above will be discussed on the following pages.
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The initial step in the process is to estimate a rate of absorption for the smaller tracts for which data exits and to define a standard size for ag tracts. This can be translated as determining the number of smaller marketable units that are generally sold each year and the average size of the tracts. The number of smaller marketable units may be obtained in the following manner:
1. The “true” ag tracts should be arrayed by acreage.
2. From the array of ag tracts the appraiser should select an acreage level where the largest number of sales have occurred. Due to the limited number of sales, the acreage level may actually be an acreage range, not a specific number of acres. For example, the appraiser may select a range of 150 to 250 acres with an average acreage level of 200 acres. The average acreage level will be termed the standard ag marketable tract. In some situations, a period of time extending beyond 1 year may need to be used to provide the appraiser with a clear indication of the standard size for ag tracts.
3. The rate of absorption will be the number of sales that occur at the acre level or acreage range. If more than one year is used to draw the conclusion, the appraiser should average the number of sales over the number of years to produce a yearly rate.
The second step of the process is dividing the large tract into smaller, marketable units. In the fee appraisal process, each parcel to be appraise that is larger than the standard marketable unit would need to be analyzed. However, considering the volume of parcels that much be appraised each year in mass appraisal, the appraiser must take a different approach. Consequently, the large tract will be identified as the largest non-exempt, non-utility parcel in the county. The large tract should then be divided into smaller marketable units by dividing the acreage in the large tract by the total acres of the standard ag marketable tracts which produces the number of marketable sections.
For example, if the largest parcel in the county is 5,000 acres and the standard ag marketable tract is 200 acres with 5 such standard ag parcels sold each year, the appraiser would determine the total acres of the standard ag marketable tract by multiplying the standard ag marketable acreage by the number for standard ag parcels sold. (200 * 5 = 1000).
The total standard ag acres would then be divided into the acreage of the large tract to generate the number of years expected to sell off the large tract (5000 ÷ 1000 = 5). This will be known as the sell-off period.
The third step in the absorption process is to develop a sales schedule with estimated income by year reflecting the absorption rate and the value characteristics of each of the smaller tracts. In other words, the appraiser should determine the value of the smaller marketable ag units. Since the result of the absorption process will be applied to all large tracts across the county, the appraise may determine the composition of the standard ag tract in the county and apply that to the county’s rural base land schedule to generate the value of the smaller marketable ag units.
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For example, if the standard ag tract composition is 60 % woodland and 40 % open land and the value of the woodland is $1100 per acre and open land is $1500 per acre, the value of the standard ag marketable acreage (1000 acres) can be calculated as follows:
Open Land value = std mkt acs * %Open * avg open value = 1000 * .40 * 1500 = 600,000
Woodland value = std mkt acs * %Wood * avg wood value = 1000 * .60 * 1100 = 660,000
Total value = Open Land value + Woodland value = 600,000 + 660,000 = 1,260,000
Step four of the absorption process involves discounting the income schedule to the present using an appropriate discount rate. This can be translated as determining the present worth of the standard ag marketable units for each year with a discount rate. The discount rate can be defined as the rate of return that most buyers would expect from an investment in rural land. In the absence of that information, the appraiser may inquire of local lending institutions as to the typical rate for borrowing funds to purchase rural land properties.
In our example, the sell-off period is 5 years as calculated in Step 2 and the value of the standard marketable acreage as determined in Step 3 is 1,260,000. The discount rate is 7%. The value of the standard marketable acreage must be discounted for each year of the sell-off period.
The present value of a future income stream can be calculated with the following formula:
PV = FV ÷ (1 + i) n
Where PV = present value, FV = future value, i = discount rate, and n = the year of the income stream for which the present value is sought. For example, if we were looking for the present value of the standard marketable acreage in the fourth year of the sell-off period, the present value formula would be applied in the manner below:
PV = 1,260,000 ÷ (1 + .07) 4 PV = 1,260,000 ÷ 1.07 4 PV = 1,260,000 ÷ 1.3108 PV = 961,248
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Following is a table containing the present worth value for each year of a standard 5,000 acre tract.
Year Value Rate Present Value
0 1,260,000 7.00 1,260,000
1 1,260,000 7.00 1,177,570
2 1,260,000 7.00 1,100,533
3 1,260,000 7.00 1,028,535
4 1,260,000 7.00 961,248
The fifth step in the absorption process is summing the resulting values to arrive at an estimated value for the property. This can be stated as totaling the present value for each year to produce the total discounted value of the large tract.
The table below contains the sum of the present values for the 5,000 acre tract.
Year Value Rate Present Value
0 1,260,000 7.00 1,260,000
1 1,260,000 7.00 1,177,570
2 1,260,000 7.00 1,100,533
3 1,260,000 7.00 1,028,535
4 1,260,000 7.00 961,248
Total Value 5,527,886
The process above could be applied to all large tracts of rural land. However, that would require the appraiser to be more specific as to the composition of the subject properties and the calculations would have to be done hundreds of times. With the use of composition and value standards for the county, a sixth step can be added to the process whereby the information derived from this process can be used to create a size factor for the large tract which through interpolation can be applied to all parcels that are categorized as rural land and have acreage above the standard ag tract size. The size factor should be integrated into the county’s accessibility/desirability table.
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The size adjustment is calculated by dividing the per acre value of the large tract by the per acre value of the standard ag marketable tract. The steps to perform this calculation are as follows:
¢ Value of std mkt tract of 200 acres = (200 * .60 * 1100) + (200 * .40 * 1500) = 252,000 ¢ Value of 5,000 acre tract = 5,527,886 ¢ Size Adj = $ per ac of large tract / $ per ac of std tract ¢ Size Adj = 1,106 / 1,260 ¢ Size Adj = .8778
The size factor would be added to the accessibility/desirability table as in the example below:
Acres Factor
50.00 1.4335
100.00 1.0554
200.00 1.0000
5000.00 .8778
Using an interpolation routine such as the one below, size factors could be determined for all acreage levels. The formula for the interpolation of size factors is
(((A – L) / (U – L)) * (UV – LV)) + LV
¢ A = acre level where size factor is needed ¢ L = lower acre level in schedule within acre range of A ¢ U = upper acre level in schedule within acre range of A ¢ LV = Factor at L acre level ¢ UV = Factor at U acre level
If the size factor for a 1500 acre tract is needed, the calculations would take place as follows:
¢ (((A – L) / (U – L)) * (UV – LV)) + LV ¢ (((1500 – 200) / (5000 – 200)) * (.8778 – 1.0000)) + 1.0000 ¢ ((1300 / 4800) * -.1222) + 1.0000 ¢ (.2708 * -.1222) + 1.0000 ¢ -.0331 + 1.0000 = .9669
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The size factors would be applied to the “use” values of the ag parcels to generate the Fair Market Value of the land. The “use” values are calculated by applying the base land schedule to the acreage associated with each use/productivity rating classification within the parcel.
In the example above, the size factor was calculated for the entire county without regard to accessibility areas. Considering the size of the large tracts, the appraiser may find this to be acceptable. However, if sales indicate a need to calculate a different size factor for each accessibility area, the appraiser may do so keeping in mind that the value of the standard marketable ag acreage must be adjusted for location.
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Absorption Exercise
Develop a size factor for large ag tracts within a county where the following determinations were made:
¢ 5 parcels sold each year within an acre range of 100 to 200 acres (60% wooded / 40% open) ¢ Wooded acres sell for 1500/ac ; Open 2000/ac ¢ 2500 acres is largest ag parcel ¢ 8 % is expected rate of return
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Urban Land Valuation
Land Valuation Methods
The comparative sales approach is the most reliable method of land valuation. It involves comparisons and assumes that market evidence is available. Unfortunately, good, reliable sales data are not always available for use. For this reason, the assessor must resort to other methods of valuation. The five generally accepted methods are:
1. Market, or Direct (comparable) Sales comparison
2. Cost of Development, or Anticipated Use
3. Abstraction-Allocation, (Ratio of improvement value to site value or Distribution method)
4. Land Residual Capitalization (Income)
5. Capitalization of ground rent (Income)
Elements of Comparison
Appraisers use elements of comparison when considering the comparability of like properties, they are:
1. Trends and factors
The classification of land is basic to the study and analysis of trends and factors. At least a tentative decision on classification and highest and best use should be made at this point. The land may be classified as residential, commercial, industrial, land in transition, undeveloped, farm or ranch, or special purpose. The nature of the physical, economic, governmental, and social factors will assist in developing regional, city, neighborhood, and site data and in selecting the appropriate valuation method.
2. Time or date of sale
The process of comparing the date of the appraisal with the date of sale of the comparable recognizes that market conditions do change from time to time. This process determines if the comparable sale took place under the same or similar market conditions prevailing on the date of the appraisal. Sometimes market conditions remain relatively stable for a year or more, at other times they may change within a three to six month period, or even less. The interaction of demand and supply affects prices; if one or the other or both change, prices adjust accordingly. In either a seller’s market or a buyer’s market, price changes occur. This is the type of phenomenon that the appraiser must investigate, identify and compensate for in this step of the comparative
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procedure.
3. Physical characteristics
In this comparison process only major physical similarities and differences are identified and considered. A physical inspection of each comparable is desirable. The appraiser must be reasonably well informed about the basic soil conditions and physical characteristics of the comparable sites being used so that justifiable adjustments can be made between them and the property being appraised.
4. Location
The fourth element of comparison to be considered is that of location. Much emphasis has already been made of the importance of neighborhood influence on marketability of sites.
5. Conditions of sale
This element of comparison is probably the most difficult to extract from the market and for which to make adjustment. It refers to the circumstances under which both buyer and seller make their decisions to purchase and sell a specific site. By the definition, market value requires willing, informed and able purchaser and a willing and informed seller. Quite often, however, and probably more frequently than is generally realized, there are more than normal compulsions to buy or sell. An obvious situation of unusual pressure is a condition of bankruptcy.
560-11-10-.09 (2)(d)(iv) Land and location characteristics. The appraisal staff shall maintain a record of the land and location characteristics. The record should include, but not be limited to, location, frontage, width, depth, shape, size, topography, landscaping, slope, view, drainage, hydrology, off-site improvements, soil condition, soil productivity, zoning, absorption, nuisances, use, covenants, neighborhood, corner influence, proximity to recreational water, and quality of access.
Units of Comparison It is often necessary to analyze differences in size and shape of comparable sales properties in order to apply uniform methods of valuation and to compare directly sites of varying size and shape. Five basic units of comparison are used to value sites:
1. Front Foot
Use of the front foot as a unit of comparison is based upon the premise that frontage significantly contributes to value. A front foot is a strip of land 1-foot wide, fronting on a street, railroad siding, or body of water, and continuing to the rear of the parcel. This distance is frequently measured in terms of a standard depth.
2. Square Foot
The unit of comparison is used for irregularly shaped parcels and where frontage is not a dominant factor in the valuation process. It is used for sites that sell for an average price
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per square foot of land area. This method can be used to value residential, commercial, and small industrial sites.
3. Acre
Acres may be calculated by dividing square footage by 43,560 and are used in the valuation of large industrial sites, shopping centers and rural and farm properties. There may be a breakdown between acres that front on a public thoroughfare and rear acres. In many circumstances front acres are more valuable.
4. Site (base lot)
The base lot method establishes the value of the standard, or “base”, parcel value in the area using a sales comparison analysis, with the base lot serving as the subject parcel. The base lot may be an actual lot or a hypothetical standard lot. Once the base lot value is established, it is used as a benchmark to establish value for individual parcels.
5. Units Buildable
This unit of comparison is used when the market indicates that a site is sold on a unit basis, such as an apartment property where the unit of comparison is selling price per buildable apartment or a parking garage site where the unit of comparison is selling price/car. The units buildable may be either a theoretical or an actual number of units. The probably number of units to be built may be different from the theoretical number permitted by zoning ordinances. Consideration should be given to market demand, setback limitations, topography, height limitations, and other limiting factors.
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Illustration of Base Lot Method
Residential land in a given neighborhood tends to sell on a per lot basis except for lots with excessive width, which sell slightly higher. Location also affects prices. The base lot is a standard size interior lot.
1. Using the following data, estimate appropriate adjustments for width and location.
Sale # Size Location Sale Price
1 200 x 250 Interior $25,000
2 200 x 250 Interior $26,000
3 200 x 250 Interior $27,000
4 300 x 250 Interior $35,750
5 200 x 250 Lake $40,000
6 300 x 250 Lake $49,000
$Adjustment Formula: Sale with Different (Unlike) Characteristic – Base Lot Sale = Adjustment
Factor Adjustment Formula (Additive): Adjustment / Base Lot Sale
Factor Adjustment Formula (Multiplicative): Sale with Different (Unlike) Characteristic / Base Lot Sale
Adjustment for excess width:
Adjustment for location (lake):
2. Adjust the sales to the base lot and determine the base lot value.
3. Using the base lot method, what would be the indicated value of a lot with excess width located on the lake?
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Base Lot Exercise
Suggested Solution
BASE LOTS RANGE
Sale # Size Location Sale Price
1 200 x 250 Interior $25,000
2 200 x 250 Interior $26,000
3 200 x 250 Interior $27,000
$Adjustment Formula: Sale with Different (Unlike) Characteristic – Base Lot Sale = Adjustment
Factor Adjustment Formula (Additive): Adjustment / Base Lot Sale
Factor Adjustment Formula (Multiplicative): Sale with Different (Unlike) Characteristic / Base Lot Sale
Excessive Width – Compare (Unlike) Sale #4 with Sales #1 – 3
Base Lot Unlike S ale Minus Base Lot Additive Additive Multiplicative Price Sales Adjustment Sale # Factor Factor
1 $35,750 - $25,000 $10,750.00 0.43 1.43
2 $35,750 - $26,000 $9,750.00 0.38 1.38
3 $35,750 - $27,000 $8,750.00 0.32 1.32
Lake View – Compare (Unlike) Sale #5 with Sales # 1 - 3
Base Lot Unlike Sale Minus Base Lot Additive Additive Multiplicative Price Sales Adjustment Sale # Factor Factor
1 $40,000 - $25,000 $15,000.00 0.60 1.60
2 $40,000 - $26,000 $14,000.00 0.54 1.54
3 $40,000 - $27,000 $13,000.00 0.48 1.48
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Indicated Base Lot Value $ 26,000
Indicated adjustment for Excessive Width + $ 9,750
Indicated adjustment for Location (Lake) + $ 14,000
Value of Excessive Width interior lot $ 26,000 + $9,750 = $ 35,750
Value of Excessive Width/Location Lake
$26,000 + $23,750($9,750+$14,000) = $ 49,750
Illustration of Front Foot Method
Calculate new front foot value from sales to fix ratios.
Find appropriate depth factor from depth table handout
Formula: SP / FF / DF = Front Foot Price (round FF price to nearest dollar)
Lot # SP FF Depth DF $/FF 2 $43,125 115 100 1.00 $375.00 6 $40,920 110 100 1.00 $372.00 7 $41,000 110 100 1.00 $372.73 8 $42,622 110 110 1.036 $374.01 9 $43,000 110 110 1.036 $377.33 10 $42,000 110 105 1.018 $375.07 13 $50,000 119 135 1.122 $374.48
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What is the new front foot price?
Apply new front foot price to all lots.
Find appropriate depth factor from depth table handout
Formula: Formula: FF * $FF * DF = Value
Lot # FF Depth $/FF DF Value 1 80 100 375 1.00 $30,000 2 115 100 375 1.00 $43,125 3 80 110 375 1.036 $31,080 4 126 80 375 .92 $43,470 5 80 105 375 1.018 $30,540 6 110 100 375 1.00 $41,250 7 110 100 375 1.00 $41,250 8 110 110 375 1.036 $42,735 9 110 110 375 1.036 $42,735 10 110 105 375 1.018 $41,993 11 110 100 375 1.00 $41,250 12 80 100 375 1.00 $30,000 13 119 135 375 1.122 $50,069 14 110 105 375 1.018 $41,993 15 110 105 375 1.018 $41,993 16 110 100 375 1.00 $41,250
Perform Final Sales Ratio Analysis to see if problems are fixed.
Median (100%) 100.15% COD 0.3200%Mean_Deviation 0.0013 Mean (100%) 100.18% PRD 1.0002 Aggregate (100%)100.15% Median (40%) 40.06% Mean (40%) 40.07% Aggregate (40%) 40.06% 302,667 121,263 2.8047 0.0093 Parcel / Lot Nbhd Saleprice Val Sale_Type Sale_Date Size Land Assmt Ratio Deviation Array 2 43125 Q V Current 43125 17250 0.4000 0.0006 0.3975 6 40920 Q V Current 41250 16500 0.4032 0.0026 0.3999 7 41000 Q V Current 41250 16500 0.4024 0.0018 0.4000 8 42622 Q V Current 42735 17094 0.4011 0.0005 0.4006 9 43000 Q V Current 42735 17094 0.3975 0.0031 0.4011 10 42000 Q V Current 41993 16797 0.3999 0.0007 0.4024 13 50000 Q V Current 50069 20028 0.4006 0.0000 0.4032
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Urban Land Absorption Rates 560-11-10-.09(3)(c)3(ii): Absorption rates. When appraising a new subdivision, the appraisal staff shall use discounted cash-flow analysis in conjunction with the cost-of-development method to appraise the unsold parcels when it is anticipated that the parcels will require several more years of exposure to the market to sell. The appraisal staff may consider typical holding periods, marketing, and management practices when estimating anticipated revenues and allowable expenses.
County X Example of Absorption - Platted Subdivision
This is an analysis of the anticipated absorption or “sell off” rate at which the subdivided lots can be sold successfully in the market place. The absorption study indicates the number of lots expected to be sold during a given period of time. The rate is usually expressed in terms of number of lots to be sold per year.
The anticipated absorption rate for the subject subdivision can be estimated from the sales activity of other comparable subdivisions in the area, together with an analysis of changes in the subdivision being appraised.
This method incorporates the present value of a lot to be received at a certain future date when discounted for absorption by the market at an interest rate for that number of years.
The criteria that is to be used in County X is:
1. The subdivision must have a sell-out of more than four years 2. The sell-out time considered cannot exceed twenty years 3. The sell-out time is determined by the number of lots available and the number of lots sold the previous year 4. The rate of return will be one half point over the current local interest rate on or about January 1, of each year 5. The appropriate rates from the Ellwood Pw1 Table (Table 4)
Example:
Three year old subdivision with an original 200 lots Year one sold 10 lots Year two sold 20 lots at $20,000 per lot Current local interest rate 9.5%
Lots available equal 170 20 lots sold previous year 170 / 20 =9 year sell out
Apply Elwood PW1 Factors for 9 year sell out at 10% to 20 lots per year If expenses are still being allocated, then apply the appropriate Elwood PW1 Factor.
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Cost of Development Method Example
You are appraising a 30 acre tract zoned residential. A proposed plat allows a total of 60 subdivision sites. Based on market activity in similar areas, you project that the sites will be sold at $25,000 each over a three-year period (20 sites per year). The developer estimates development costs, including overhead and profit, to total $630,000. All of these costs will be incurred in the first year.
Using a discount rate of 12 percent, estimate the value of the property and value per acre, discounting all revenues and expenses as if received or incurred at the end of the year.
Note: Present worth of one factors; at a 12 percent discount rate are.8929 for one year; .7972 for two years; and .7118 for three years.
Cost of Development Method Example
Present value of estimated sales proceeds:
20 x $25,000 x .8929 = $446,450
20 x $25,000 x .7972 = $398,600
20 x $25,000 x .7118 = $355,900
$1,200,950
Present value of estimated development costs:
630,000 x .8929 = $562,527
Net present value = $1,200,950 - $562,527 = $638,423
Value Per Acre $638,423 / 30 = $21,280.77 rounded ($21,281)
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Cost of Development Method Problem
You are appraising a 55 acre tract zoned residential. A proposed plat allows 2 houses per acre or a total of 110 subdivision sites. Based on market activity in similar areas, you project that the sites will be sold at $30,000 each over a five-year period (22 sites per year). The developer estimates development costs, including overhead and profit, to be 1,034,600 to be divided equally and allocated over the first 2 years.
Using a discount rate of 12 percent, estimate the value of the property and value per acre, discounting all revenues and expenses as if received or incurred at the end of the year.
Note: Present worth of one factors at a 12 percent discount rate are.8929 for one year; .7972 for two years; .7118 for three years; .6355 for four years; .5674 for five years.
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Common Area Valuation 560-11-10-.09(4)(d)1: Valuation of common areas. The appraisal staff shall take into account the extent that the fair market value of individually owned units in a residential subdivision, planned commercial development, or condominium also represents the fair market value of any ownership interest in any common area that is conveyed with the individually owned units. When the appraisal staff determines that the fair market value of the common area is included in the fair market value of the individually owned units, the appraisal staff may recommend a nominal assessment of the common area parcel. When the appraisal staff makes such a determination, the fair market value of residual interests not conveyed to the owners of the individually owned units shall be appraised and an assessment recommended to the board of tax assessors.
Valuation of Common Areas (Condominiums)
Georgia Condominium Act – O.C.G.A. 44-3-70 thru 96
(b) All undivided interest in the common elements shall be allocated to the units created by the declaration and shall be subject to reallocation as provided in this article.
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Sample County Common Area Policy
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Improvement Valuation 560-11-10-.09 (4) Improvement valuation. Except as provided in subparagraph (a) of this subparagraph, the appraisal staff will use the following three approaches when appraising real property: the direct sales comparison approach, the cost approach, and the income approach. In determining the reliability and representativeness of each approach or combination of approaches, the appraisal staff shall consider those factors most likely to influence buyers and sellers when those buyers and sellers are determining exchange prices in the market place, and the sufficiency of available sales, cost, income, and expense information to reliably quantify those factors. However, irrespective of the valuation approach used, the final results of any appraisal of real property by the appraisal staff shall in all instances comply with the definition of fair market value in Code section 48-5-2.
(a.) Cost approach. The appraisal staff shall use the following three steps when applying the cost approach: Estimate the cost new of the improvements, subtract accrued depreciation, and add the value of the land.
1. Estimating cost new. In estimating the cost new of any buildings, structures, or other improvements to land, the appraisal staff shall consider the following:
(i) Types of costs. The appraisal staff shall include both direct and indirect costs that would be incurred to build and market the property, including normal overhead and profit. The approach would normally produce the replacement cost. The appraisal staff may consider the reproduction cost, and adjust for depreciation accordingly, when appraising an unusual or special-purpose property.
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Grading EXCELLENT - “A” - 160%: Dwellings that generally have an outstanding architectural style and design and that are constructed with the finest quality materials and workmanship throughout. Superior quality interior finish with extensive built-in features. Deluxe heating system and high-grade lighting and plumbing fixtures. Dwellings designed by architects generally fall within this grade classification. Mansion type Dwellings fall within the upper limits of the grade ranging from AA to AAA.
GOOD - “B” - 120%: Architecturally attractive dwellings constructed with good quality materials and workmanship throughout. High quality interior finish with abundant built-in features. Custom heating system and very good lighting and plumbing fixtures.
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AVERAGE - “C” - 100%: Moderately attractive dwellings constructed with average quality materials and workmanship throughout and conforming with the base specifications used to develop the pricing schedule. Minimal to moderate architectural treatment. Average quality interior finish with adequate built-in features. Typical modern day subdivision dwellings that offer a limited number of pre-designed models and feature options offered by the developer, as well as multi-family residential complexes, generally fall within this grade classification.
Fair - “D”- 80%: Dwellings constructed with economy quality materials and fair workmanship throughout. Void of Architectural treatment. Cheap quality interior finish with minimal built-in features. Standard grade mechanical features and fixtures. Typical low-cost tract-type housing characterized by homogenous styling and design that meets minimal building codes generally falls within this grade classification.
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POOR - “E” - 40%: Dwellings constructed with very cheap grade materials, (usually “culls” and “seconds”) and very poor quality workmanship resulting from unskilled, inexperienced, “do-it-yourself” labor. Low-grade mechanical features and fixtures. The prices that are reflected in the costing schedules should reflect the “C” or 100% Grade standards of quality and design.
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Quality Grade Factor Chart
Alpha Numeric Descriptive A+10AAA 360 or 3.60 EXCELLENT(MANSIONS) A+9(AA) 340 or 3.40 EXCELLENT(MANSIONS) A+8 (AA) 320 or 3.20 EXCELLENT(MANSIONS) A+7 (AA) 300 or 3.00 EXCELLENT(MANSIONS) A+6 (AA) 280 or 2.80 EXCELLENT(MANSIONS) A+5 (AA) 260 or 2.60 EXCELLENT(MANSIONS) A+4 (AA) 240 or 2.40 EXCELLENT(MANSIONS) A+3 220 or 2.20 EXCELLENT(MANSIONS) A+2 200 or 2.00 EXCELLENT A+1 185 or 1.85 EXCELLENT A 160 or 1.60 EXCELLENT A-1 145 or 1.45 VERY GOOD A-2 135 or 1.35 VERY GOOD B+2 130 or 1.30 GOOD B+1 125 or 1.25 GOOD B 120 or 1.20 GOOD B-1 115 or 1.15 GOOD B-2 110 or 1.10 LOW GOOD C+2 110 or 1.10 HIGH AVERAGE C+1 105 or 1.05 AVERAGE C 100 or 1.00 AVERAGE C-1 90 or .90 AVERAGE C-2 85 or .85 LOW AVERAGE D+2 85 or .85 HIGH FAIR D+1 80 or .80 FAIR D 75 or .75 FAIR D-1 70 or .70 FAIR D-2 60 or .60 FAIR E+2 55 or .55 POOR E+1 50 or .50 POOR E 40 or .40 POOR
Depreciation 560-11-10-.09 (4.) 2. Estimating Depreciation The appraisal staff shall estimate the depreciation by determining the difference between replacement or reproduction cost new and the current market value of an improvement. This determination shall require an analysis by the appraiser of physical deterioration, functional obsolescence and economic obsolescence present, keeping in mind that physical deterioration and functional obsolescence may include curable and incurable components. The appraiser may estimate depreciation as a total amount or as a percentage of replacement or reproduction cost new. Improvements with special circumstances may be treated on an exception basis. The appraisal staff shall use the effective age of improvements, when different from the actual age, when estimating depreciation. The methods the appraisal staff may
255 use to estimate depreciation include, but are not limited to, the following four methods:
(i) Sales comparison method. To apply the sales comparison method, the appraisal staff develops estimates of total depreciation from market-derived schedules. To develop such schedules, the appraiser stratifies the sales information by type of construction and other relevant features. The appraiser then computes building residuals by deducting estimated land values from the sales prices and expressing the building residuals as a percentage of replacement cost new. The resulting "percent good" factors are then plotted against the effective ages of the properties to develop the depreciation tables. This method may be used when current representative and adequate sales information is readily available.
(ii) Age/Life method. To apply the age/life method, the appraisal staff develops estimates of physical deterioration and normal functional obsolescence using a simple sliding scale or straight-line calculation and then applies any necessary adjustments for additional functional or economic obsolescence. This method may be used when current representative and adequate sales information is not readily available.
(I) Capitalization of income method. To apply the capitalization of income method, the appraisal staff uses income-based appraisals in place of sales and applies these appraisals to the sales comparison method to develop estimates of total depreciation.
(II) Observed condition method. To apply the observed condition method, the appraisal staff breaks down depreciation into all its various component parts. This method requires detailed analysis of all forms of depreciation and is generally reserved for "model building," special use properties, or when raised by a property owner during the course of an appeal
Formally, depreciation is defined as:
A loss of utility and hence value from any cause. An effect caused by deterioration and/or obsolescence. Deterioration is evidenced by wear and tear, decay, dry rot, cracks, encrustation, or structural defects. Obsolescence is divisible into two parts, functional and economic. Functional obsolescence is due to a design deficiency, such as mechanical inadequacy or superadequacy, functional inadequacy or superadequacy due to size, style, or age. It is evidenced by conditions within the property. Economic obsolescence is caused by changes external to the property.
Physical Deterioration - Curable. These are all the items of maintenance that a prudent owner would accomplish on the date of appraisal to maximize the profit (or minimize the loss) if the property were sold. Almost any item of physical deterioration can be corrected at a price. However, to be classified as curable, the cure normally must contribute more value than it costs. Items of normal maintenance usually fall into this category, including paint touch-ups and minor carpentry, plumbing and electric repairs (leaking faucets, squeaking or tight doors and windows.)
Physical Deterioration - Incurable. As soon as a house is constructed, it begins to age and suffer from wear and tear. Physical deterioration-incurable is based on the physical life of the components of the house. The total physical
256 life of the house would equal its total economic life if no other forms of depreciation were present. One of the practical problems in estimating the percentage of physical deterioration-incurable is estimating the physical life of the components. There is a tendency to assign too much depreciation to physical deterioration-incurable by using estimates of 50 to 100 years for items such as footings, foundation, framing, wall and ceiling covering.
To measure physical deterioration--incurable, items are divided into two categories: long-lived and short-lived. Long-lived items, such as footings, foundations, frame, walls, floor structure, piping, heat ducts, insulation, electrical wiring, and roof structure can be depreciated as a group by making an estimate of their effective age and remaining physical life based on their condition.
Functional Obsolescence - Curable. Most functional obsolescence-curable in residential properties is caused by some kind of design deficiency. In other types of properties some super-adequacies would also be considered curable but they are rare in residential properties. Typical items that fall into this category are kitchens that need new counters, cabinets, fixtures and floor coverings; inadequate electrical service and hot water systems; and need of an additional bath or bedroom where adequate space exists. Again, the test is whether the value added by correcting the obsolescence is greater than the cost to cure as indicated in the market.
Functional Obsolescence - Incurable. These items can be divided into two categories: loss in value caused by a design deficiency or by an excess or superadequacy. Deficiencies are caused by exterior or interior design that does not meet current market expectations.
Economic Obsolescence. Also called locational or environmental obsolescence by some appraisers, it is the loss of value caused by factors outside the property boundaries. It is unique to real estate, caused by its fixed location. The value of a house is directly affected by the neighborhood, community and region in which it is located. In analyzing the location and environment of the property, the appraiser must consider governmental actions, economic forces, employment, transportation, recreation, educational services, taxes, and development trends.
Construction in Progress 560-11-10-.09(4)(d)2: Construction in progress shall be appraised in the same manner as other similar real property taking into account that there may be little or no physical deterioration on such property and that the fair market value may be diminished due to the incomplete state of construction. The appraisal staff should attempt to value construction in progress by forecasting the future cash flow a project would generate and discounting at a rate that reflects the risk and uncertainty of that cash flow. If the construction in progress is being financed by a lending institution that has established an account from which funds may be drawn by the builder as construction progresses, the appraisal staff may consider the percentage of such funds expended as of January 1 as a possible indication of percentage completion of construction in progress. In the absence of sufficient information to perform such an analysis, the appraisal staff should estimate the percentage of completion of all construction in progress as of January 1 of the tax year using the best information available. The appraisal staff should then estimate the fair market value
257 of the improvement upon completion. The appraisal staff should then estimate the fair market value as of January 1 as being the estimated fair market value upon completion multiplied by the percentage of completion on January 1. If comparable sales information of real property under construction is generally not available and there is no other specific evidence to measure the probable loss of value if the property is sold in an incomplete state of construction, the appraisal staff may multiply the identified total cost of construction by a uniform market risk factor of .75.
Sample County Construction in Progress Policy
CONSTRUCTION PERCENT SCALE Excavation 3 Footings 2 Foundation 5 Sub Floor & Framing 5 Wall Framing 8 Roof Framing 5 Roof Sheathing 1 Roofing 4 Windows 2 Ext Wall Sheathing 2 Heating 4 Rough Plumbing 4 Wiring 3 Exterior Wall 15 Interior Wall 10 Floor 3 Plumbing Fixtures 4 Electric Fixtures 2 Interior Trim 6 Interior Painting 3 Floor Finishing 4 Concrete Work 1 Gutters 1 Exterior Painting 3
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IAAO (International Association of Assessing Officers) CIP Guide
Item Percent of total Cumulative percent Cumulative percent complete Excavation 2 2 Forms set 2 4 Foundation and/or blocks 8 12 Basement floor 2.5 14.5 Joists set 2 16.5 Subfloor 2 18.5 Framed 7 25.5 Sheathed 5 30.5 Roof shingled 4 34.5 Windows set 4 38.5 Siding on 5 43.5 Heating installed 6 49.5 Plumbing roughed in 6 55.5 Wiring roughed in 3 58.5 Insulated 2.5 61 Walls roughed in 2 63 Walls finished 5 68 Interior trim & cabinets 6 74 Door hung 2 76 Wiring finished 3 79 Plumbing fixtures in 3 82 Floors finished 5 87 Finished hardware 1 88 Interior decorating 4 92 Outside painting 3 95 Water and sewer connected 2 97 Exterior concrete work 3 100 Total percent complete
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Exempt Property Review 48-5-263(b)(4): (4) Prepare annual appraisals on all tax-exempt property in the county and submit the appraisals to the county board of tax assessors;
48-5-41. Property exempt from taxation. (a) The following property shall be exempt from all ad valorem property taxes in this state:
(1)(A) Except as provided in this paragraph, all public property.
(B) No public real property which is owned by a political subdivision of this state and which is situated outside the territorial limits of the political subdivision shall be exempt from ad valorem taxation unless the property is:
(i) Developed by grading or other improvements to the extent of at least 25 percent of the total land area and facilities are located on the property which are actively used for a public or governmental purpose; (ii) Three hundred acres or less in area; (iii) Located inside a county embracing all or part of a municipality owning such property; or (iv) That portion of any real property which has been designated as a watershed by the United States Soil and Water Conservation Service and used as a watershed by the political subdivision owning the property.
(C) Property which is owned by and used exclusively as the general state headquarters of a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations, or associations to affiliate with such nonprofit corporation, shall be considered to be an extension of the public schools of this state and such property shall be considered to be public property within the meaning of this paragraph.
(D) Property which is held by a Georgia nonprofit corporation whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986 and held exclusively for the benefit of a county, municipality, or school district shall be considered to be public property within the meaning of this paragraph.
(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.
(2) All places of burial;
(2.1)(A) All places of religious worship; and
(B) All property owned by and operated exclusively as a church, an association or convention of churches, a convention mission agency, or as an integrated auxiliary of a church or convention or
260 association of churches, when such entity is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and such property is used in a manner consistent with such exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended;
(3) All property owned by religious groups and used only for single-family residences when no income is derived from the property;
(4) All institutions of purely public charity;
(5)(A) All property of nonprofit hospitals used in connection with their operation when the hospitals have no stockholders, have no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of this state regulating nonprofit or charitable corporations;
(B) Property exempted pursuant to this paragraph shall not include property of a nonprofit hospital held primarily for investment purposes or used for purposes unrelated to:
(i) Providing of patient care;
(ii) Providing and delivery of health care services; or
(iii) Training and education of physicians, nurses, and other health care personnel;
(6) All buildings erected for and used as a college, incorporated academy, or other seminary of learning;
(7) All funds or property held or used as endowment by colleges, nonprofit hospitals, incorporated academies, or other seminaries of learning when the funds or property are not invested in real estate;
(8) When used by or connected with any public library, all the real and personal property of such library and all the real and personal property of any other literary association;
(9) All books, philosophical apparatus, paintings, and statuary of any company or association which are kept in a public hall and which are not held as merchandise or for purposes of sale or gain;
(10) Reserved;
(11) All property used in or which is a part of any facility which has been installed or constructed at any time for the primary purpose of eliminating or reducing air or water pollution if such facilities have been certified by the Department of Natural Resources as necessary and adequate for the purposes intended;
(12)(A) Property of a nonprofit home for the aged used in connection with its operation when the home for the aged has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations; (B) Property exempted by this paragraph shall not include property of a home for the aged held
261 primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the aged;
(C) For purposes of this paragraph, indirect ownership of such home for the aged through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership;
(13)(A) All property of any nonprofit home for the mentally disabled used in connection with its operation when the home for the mentally disabled has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations.
(B) Property exempted by this paragraph shall not include property of a home for the mentally disabled held primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the mentally disabled;
(14) (A) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term "veterans organization" means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual; or
(B) Property which is owned by and used exclusively by any veterans organization which is qualified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which has been organized for the purpose of refurbishing and operating historic military aircraft acquired from the federal government and other sources, making such aircraft airworthy, and putting such aircraft on display to the public for educational purposes; and (15) Property that is owned by an historical fraternal benefit association and which is used exclusively for charitable, fraternal, and benevolent purposes. As used in this paragraph "fraternal benefit association" means any organization qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(10), as amended, where such organization has a representative form of government and a lodge system with a ritualistic form of work for the meeting of its chapters or other subordinate bodies and whose founding organization received its charter from the General Assembly of Georgia prior to January 1, 1880.
(b) The exemptions provided for in this Code section which refer to colleges, nonprofit hospitals, incorporated academies, or other seminaries of learning shall only apply to those colleges, nonprofit hospitals, incorporated academies, or other seminaries of learning which are open to the general public.
(c) The property exempted by this Code section, excluding property exempted by paragraph (1) of subsection (a) of this Code section, shall not be used for the purpose of producing private or corporate profit and income distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property shall be used exclusively for religious, educational, and charitable purposes or for either one or more of such purposes and for the purpose of
262 maintaining and operating such religious, educational, and charitable institutions.
(d) (1) Except as otherwise provided in paragraph (2) of this subsection, this Code section, excluding paragraph (1) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property.
(2) With respect to paragraph (4) of subsection (a) of this Code section, a building which is owned by a charitable institution that is otherwise qualified as a purely public charity and that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code and which building is used by such charitable institution exclusively for the charitable purposes of such charitable institution, and not more than 15 acres of land on which such building is located, may be used for the purpose of securing income so long as such income is used exclusively for the operation of that charitable institution.
48-5-41.1. Exemption of qualified farm products and harvested agricultural products from taxation . (a) As used in this Code section, the term:
(1) "Family owned farm entity" means a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company all of the interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. It shall include an estate of which the devisees or heirs are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. It shall include a trust of which the beneficiaries are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. Such family owned farm entity must have derived 80 percent or more of its gross income from bona fide agricultural uses within this state within the year immediately preceding the year in which the exemption provided by this Code section is sought.
(2) "Family owned qualified farm products producer" means an individual or family owned farm entity primarily engaged in the direct cultivation of the soil, including soil removed from the land and placed in pots or containers, or operation of land for the production of qualified farm products. A family owned qualified farm products producer shall not include wholesalers, distributors, storage facility owners, manufacturers, processors, or other similar entities that primarily prepare qualified farm products for any intermediate or final market or that primarily operate to move or facilitate the movement of qualified farm products from a producer to any intermediate or final markets.
(3) "Farm products" means only those farm products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999.
(4) "Harvested agricultural products" means only those harvested agricultural products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph
(10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999.
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(5) "Initial production" means:
(A) When applied to a laying hen, a period beginning at the time the laying hen comes into production at age six months rather than a period beginning when the laying hen is hatched; or
(B) When applied to a brood cow, a period of nine months from the time the brood cow is able to conceive at age 12 months rather than a period beginning when the brood cow is born.
(6) "Producer" means any entity that produces farm products.
(7) "Qualified farm products" means livestock; crops; fruit or nut bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown in nurseries for transplantation elsewhere. Qualified farm products shall not include standing timber.
(b) The following property shall be exempt from all ad valorem property taxes in this state:
(1) All farm products grown in this state and remaining in the hands of the producer during the one year beginning immediately after their initial production;
(2) Harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured or aged for a period in excess of one year after harvesting and before manufacturing, and which are held in this state for manufacturing and processing purposes; and
(3) All qualified farm products grown in this state:
(A) Remaining in the hands of a family owned qualified farm products producer;
(B) Still in their natural and unprocessed condition, unless processed solely for further use in the production of other qualified farm products; and
(C) Not held for direct retail sale by someone other than the original family owned qualified farm products producer.
(c) Farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which are owned by or held under a lease purchase agreement and directly used in the production of agricultural products by family owned qualified farm products producers shall be exempt from all ad valorem property taxes in this state.
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Efficient Operation of Appraisal Staff
48-5-264. Designation and duties of chief appraiser. (a) The board of tax assessors in each county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. The chief appraiser shall be responsible for:
(1) The operation and functioning of the county property appraisal staff;
(2) Certifying and signing documents prepared by the staff; and
(3) Implementing procedures deemed necessary for the efficient operation of the staff.
(b) The chief appraiser may appoint an assistant and may delegate his authority in writing to the assistant.
(c) The chief appraiser may be a member of the county board of tax assessors
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Certified List of Assessments
48-5-266. Submission by chief appraiser of assessment list with supporting information; attendance and providing of information at appeal hearings. (a) The chief appraiser shall submit a certified list of assessments for all taxable property within the county to the county board of tax assessors. The list shall be accompanied by any supporting information requested by the board of tax assessors and shall be submitted within the time prescribed by the board of tax assessors.
(b) The chief appraiser or his delegate shall attend all hearings on appeals of assessments made to the county board of equalization. He shall provide the county board of equalization with the information supporting the appraisal and assessment which has been appealed.
Sample Certified List
CAMA Systems
48-5-263(b)(2) (2) Maintain all tax records and maps for the county in a current condition. This duty shall include, but not be limited to, the mapping, platting, cataloging, and indexing of all real and personal property in the county;
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Assessment Notices
48-5-263(b): Notice of Assessment Approval (3) Prepare annual assessments on all taxable property appraised in the county and submit the assessments for approval to the county board of tax assessors;
(5) Prepare and mail assessment notices after the county board of tax assessors has determined the final assessments;
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Nontechnical NOA (Notice of Assessment) Reason Descriptions
48-5-306. Notice of changes made in taxpayer's return; contents; posting notice; new assessment description. (a) Method of giving annual notice of current assessment to taxpayer.
Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. The board shall give annual notice to the taxpayer of the current assessment of taxable real property. When any corrections or changes, including valuation increases or decreases, or equalizations have been made by the board to personal property tax returns, the board shall give written notice to the taxpayer of any such changes made in such taxpayer's returns. The annual notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. The taxpayer may elect in writing to receive all such notices required under this Code section by electronic transmission if electronic transmission is made available by the county board of tax assessors. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the face of the mailing envelope and with the United States Postal Service endorsement 'Return Service Requested' and the words 'Official Tax Matter' clearly printed in boldface type in a location which meets United States Postal Service regulations.
(b) Contents of notice.
(1) The annual notice of current assessment required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. The annual notice shall conform with the state-wide uniform assessment notice which shall be established by the commissioner by rule and regulation and shall contain:
(A) The amount of the previous assessment;
(B) The amount of the current assessment;
(C) The year for which the new assessment is applicable;
(D) A brief description of the assessed property broken down into real and personal property classifications;
(E) The fair market value of property of the taxpayer subject to taxation and the assessed value of the
268 taxpayer's property subject to taxation after being reduced;
(F) The name, phone number, and contact information of the person in the assessors' office who is administratively responsible for the handling of the appeal and who the taxpayer may contact if the taxpayer has questions about the reasons for the assessment change or the appeals process;
(G) If available, the website address of the office of the county board of tax assessors; and
(H) A statement that all documents and records used to determine the current value are available upon request.
(2)(A) In addition to the items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal and an estimate of the current year's taxes for all levying authorities which shall be in substantially the following form: 'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors. At the time of filing your appeal you must select one of the following options:
(i) An appeal to the county board of equalization with appeal to the superior court;
(ii) To arbitration without an appeal to the superior court; or
(iii) For a parcel of nonhomestead property with a fair market value in excess of $750,000.00, or for one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess of $750,000.00, to a hearing officer with appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 45 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'
(A) The notice shall also contain the following statements in bold print:
'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'
(3) The annual notice required under this Code section shall be mailed no later than July 1; provided, however, that the annual notice required under this Code section may be sent later than July 1 for the purpose of notifying property owners of corrections and mapping changes.
(c) Posting notice on certain conditions. In all cases where a notice is required to be given to a taxpayer under subsection (a) of this Code section, if the notice is not given to the taxpayer personally or if the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door or shall be posted on the website of the office of the county board of tax assessors for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together
269 with a statement that the assessment has been made or the return changed or altered, as the case may be, and the notice need not contain any other information. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each certificate shall be signed by the judge and shall be recorded by the county board of tax assessors in a book kept for that purpose. A certified copy of the certificate of the judge duly authenticated by the secretary of the board shall constitute prima- facie evidence of the posting of the notice as required by law.
"(d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of real property:
(1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, a description of the methodology used by the board of tax assessors in setting the property's fair market value, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25¢ per page;
(2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information; and
(3)(A) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against the board of tax assessors to enforce compliance with the provisions of this subsection.
(B) In any action brought to enforce the provisions of this subsection in which the court determines that either party acted without substantial justification either in not complying with this subsection or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought."
(e) Description of current assessment. The notice required by this Code section shall be accompanied by a simple, nontechnical description of the basis for the current assessment.
(f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
Freeze Statements
48-5-299. Ascertainment of taxable property; assessments against unreturned property; penalty for unreturned property; changing real property values established by appeal in prior year. (c). When the value of real property is reduced or is unchanged from the value on the initial annual notice of assessment and such valuation is established as the result of either an appeal decision rendered pursuant to Code Section 48-5-311 or stipulated by agreement of the parties to such an appeal that this subsection shall apply in any year, the valuation so established by appeal decision or agreement
270 may not be increased by the board of tax assessors during the next two successive years, subject to the following exceptions:
(1) This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value; (2) This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years;
(3) If the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the parties during the appeal process; and
(4) The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors' records as to the description or characterization of the property, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property.
560-11-10-.09(2)(c)1(i): Changing assessment of recently appealed real property. In the two tax years following an appeal, the appraisal staff may not recommend a change of assessment for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. Rather a new appraisal must be accompanied by an on- site inspection to determine the occurrence of any changes to the property, errors in the appraisal staff's records or changes in the market forces affecting the value of the property since the appeal was heard that established the value of the property. The appraisal staff may recommend, consistent with the provisions of this subparagraph, to the board of tax assessors a change of assessment on the property that was the subject of the appeal when an appraisal based on current market conditions indicates the value has changed substantially from the value established by the recent appeal. Such appraisal shall be accompanied by a written statement attesting to the fact that an appraiser has conducted the required on-site inspection of the subject property and setting forth the reasons why the appraiser believes that a change of assessment is authorized under Code section 48-5-299 (c) and this subparagraph. The written statement shall attest to at least one of the following: construction or renovation of the subject property has occurred since January 1 of the appeal year; an error has been discovered in the property records regarding the description or characteristics of the subject property; or extrinsic physical factors relative to the subject property have changed since January 1 of the appeal year that have substantially affected the appeal-established value of such real property. Such extrinsic physical factors may include, but are not limited to, construction of highways or other public improvements in close proximity to the subject property; development, subdivision or improvement of adjacent property, or natural or man-made changes to surrounding properties by disaster or otherwise.
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Appeals
48-5-266. Submission by chief appraiser of assessment list with supporting information; attendance and providing of information at appeal hearings. (a) The chief appraiser shall submit a certified list of assessments for all taxable property within the county to the county board of tax assessors. The list shall be accompanied by any supporting information requested by the board of tax assessors and shall be submitted within the time prescribed by the board of tax assessors.
(b) The chief appraiser or his delegate shall attend all hearings on appeals of assessments made to the county board of equalization. He shall provide the county board of equalization with the information supporting the appraisal and assessment which has been appealed.
48-5-304. Approval of tax digests when assessments in arbitration or on appeal; procedure; withholding of grants by Office of Treasury and Fiscal Services. (a)The commissioner shall not approve any digest of any county when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 5 percent of the total assessed value of the total taxable digest of the county for the same year. In any year in which a complete revaluation or reappraisal program is implemented, the commissioner shall not approve a digest of any county when 8 percent or more of the assessed value in dispute is in arbitration or on appeal and 8 percent or more of the number of properties is in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations provided for in this Code section. Where appeals have been filed or arbitrations demanded, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval.
(b) The commissioner shall not approve any digest or portion thereof for any class or strata of property where evidence exists that the county has substantially failed to comply with the provisions of this title or the rules and regulations of the commissioner for valuation of such class or strata of property. The commissioner shall adopt rules and regulations to give effect to this provision.
(c) The Office of Treasury and Fiscal Services shall withhold any and all grants appropriated to any county until the county tax digest for the previous calendar year has been submitted to the commissioner as required by law.
48-5-345. Receipt for digest and order authorizing use; assessment if deviation from proper assessment ratio. (a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, including the number, overall value and percentage of total real property parcels of appeals in each county to the boards of equalization, arbitration, hearing officer, and superior court, and the number of taxpayers' failure to appear at any hearing, for the prior tax year, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. All statistics and certifications regarding real property appeals provided to the commissioner under this paragraph shall
272 be made publicly available on the Department of Revenue website.
(2) Nothing in this subsection shall be construed to prevent the superior court from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-5-310.
(b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority annually of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date.
(c) Beginning with tax digests on or after the effective date of this subsection, no county shall be subject to the assessment authorized by subparagraph (b) of this Code section. Class / Strata Codes
560-11-2-.21 Classification of Tangible Property on County Tax Digests. (1) The tax receiver or tax commissioner of each county shall list all taxable real and personal property on the digest using the classifications and strata specified in Regulation 560-11-2-.20. (a) The tax receiver or tax commissioner shall further identify the properties listed on the digest by use of a two-digit code, the first character of which shall designate the property classification and the second character of which shall designate the stratum. The code is more particularly described as follows: 1st Digit – CLASSIFICATION A Agricultural B Brownfield Property C Commercial F FLPA Fair Market Value (for reimbursement purposes) H Historic I Industrial J FLPA Conservation Use P Preferential R Residential T Residential Transitional U Utility V Conservation Use W Environmentally Sensitive
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2nd Digit - REAL PROPERTY STRATA 1 Improvements 2 Operating Utility 3 Lots 4 Small Tracts 5 Large Tracts 6 Production/Storage/Auxiliary 9 Other Real
2nd Digit - PERSONAL PROPERTY STRATA A Aircraft B Boats F Furniture/Fixtures/Machinery/Equipment I Inventory P Freeport Inventory Z Other Personal
(2) The chairman of the board of assessors shall certify to the tax receiver or tax commissioner a list of all properties, the assessed value of which were changed by the board from the values appearing on the previous year's digest. This list shall not include previously unreturned real and personal property. It shall also exclude divisions and consolidations of property and those changes that are mere transfers of ownership. (a) The list shall show the final assessed values on the previous year's digest and the assessed values placed on the current year's digest and shall be consolidated by the tax receiver or tax commissioner using the same classifications as are used to classify property appearing on the digest. This list shall be submitted by the tax receiver or tax commissioner to the State Revenue Commissioner at the time and in the manner the tax digest is submitted. (3) The tax receiver or tax commissioner of each county shall also enter the total assessed value of motor vehicle property with the consolidation of all assessed values of taxable property on the digest. (4) The tax receiver or tax commissioner of each county shall also enter the total assessed value of mobile home property with the consolidation of all assessed values of taxable property on the digest. (5) The tax receiver or tax commissioner of each county shall also enter the total assessed value of timber harvested or sold during the calendar year immediately preceding the year of the digest, with the consolidation of all assessed values of taxable property on the digest. (6) The tax receiver or tax commissioner of each county shall also enter the total assessed value of heavy duty equipment property with the consolidation of all assessed values of taxable property on the digest.
Valid Class/Strata codes when reviewing digest.
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Mapping
560-11-10-.09(2)(d)1(i): Geographic information. Cadastral maps or computerized geographic information systems are to be maintained by the appraisal staff for all real property located in the county. In the event the county governing authority has established a separate mapping office and the maps maintained by such office conform with the requirements of this subparagraph, the appraisal staff may provide relevant information to such mapping office and still be in compliance with this subparagraph. Minimum mapping specifications shall include the following: all streets and roads plotted and identified; property lines delineated for each real property parcel; unique parcel identifier for each parcel; and physical dimensions or acreage estimate for each parcel. The appraisal staff shall use the parcel identifiers to link the real property records to the maps. The appraisal staff shall notify the Revenue Commissioner of all proposed changes to existing parcel-numbering systems before implementing such changes.
Staffing
48-5-261. Classification of counties for administration of part. For the purpose of administering this part, the counties of this state are placed in the following classes:
(1) Class I - Counties having less than 3,000 parcels of real property;
(2) Class II - Counties having at least 3,000 but less than 8,000 parcels of real property;
(3) Class III - Counties having at least 8,000 but less than 15,000 parcels of real property;
(4) Class IV - Counties having at least 15,000 but less than 25,000 parcels of real property;
(5) Class V - Counties having at least 25,000 but less than 35,000 parcels of real property;
(6) Class VI - Counties having at least 35,000 but less than 50,000 parcels of real property;
(7) Class VII - Counties having at least 50,000 but less than 100,000 parcels of real property; and
(8) Class VIII - Counties having at least 100,000 or more parcels of real property.
48-5-262. Composition and duties of county appraisal staffs; "county civil service system" defined. (a) Class I counties shall provide for an appraisal staff pursuant to paragraph (1) of Code Section 48-5- 260 by:
(1) Employing a full-time appraiser;
(2) Contracting with a contiguous county to provide the staff requirement; or
(3) Contracting with a professional appraisal person to provide the staff requirement.
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(b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this part. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV.
(c) The minimum staff requirement for each county shall be as follows:
(1) Class II counties - One Appraiser III;
(2) Class III counties - One Appraiser III and one Appraiser I;
(3) Class IV counties - One Appraiser III, one Appraiser II, and one Appraiser I;
(4) Class V counties - Two Appraisers III, two Appraisers II, and one Appraiser I;
(5) Class VI counties - One Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I;
(6) Class VII counties - One Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I;
(7) Class VIII counties - Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I.
(d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out this part.
(e)(1) As used in this subsection, the term "county civil service system" means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work.
(2) The county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5- 295.
IAAO Staffing Standards
6.2 Staffing A successful in-house appraisal program requires a sufficiently large staff comprising persons skilled in general administration and supervision, appraisal, mapping and drafting, data processing, and secretarial and clerical functions. Typical staffing sizes and patterns for jurisdictions of various sizes are illustrated in Property Appraisal and Assessment Administration (Eckert etal.1990, chapter 16) and in Fundamentals of Mass Appraisal (Gloudemans and Almy 2011, 22–25).
Unless efficiency or practical concerns dictate other- wise, persons performing the various mass
276 appraisal functions should be employees of the assessor. When these functions are not performed by assessment staff, it is imperative that they be adequately provided by other departments, an oversight agency, a service bureau, a qualified contractor, or another source. Strong lines of communication must be established between the assessment staff and the designated support groups.
Property Appraisal and Assessment Administration, 1990 establishes the following recommended staffing for real property appraisal.
“…parcels-per-employee ratios greater than 2,500 to one (1,500 to one in very small jurisdictions and 3,500 to one in very large jurisdictions) should be viewed with some concern. Similarly, a parcels-per-appraiser ratio greater than 5,000 to one may cause concern.”
48-5-263. Qualifications, duties, and compensation of appraisers. (a) Qualifications.
(1) The commissioner shall establish, and the state merit system may review, the qualifications and rate of compensation for each appraiser grade.
(2) Each appraiser shall, before his employment, obtain a satisfactory grade, as determined by the commissioner, on an examination prepared by the commissioner and an institution of higher education in this state.
(b) Duties. Each member of the county property appraisal staff shall:
(1) Make appraisals of the fair market value of all taxable property in the county other than property returned directly to the commissioner;
(2) Maintain all tax records and maps for the county in a current condition. This duty shall include, but not be limited to, the mapping, platting, cataloging, and indexing of all real and personal property in the county;
(3) Prepare annual assessments on all taxable property appraised in the county and submit the assessments for approval to the county board of tax assessors;
(4) Prepare annual appraisals on all tax-exempt property in the county and submit the appraisals to the county board of tax assessors;
(5) Prepare and mail assessment notices after the county board of tax assessors has determined the final assessments;
(6) Attend hearings of the county board of equalization and provide information to the board regarding the valuation and assessments approved by the county board of tax assessors on those properties concerning which appeals have been made to the county board of equalization;
(7) Provide information to the department as needed by the department and in the form requested by
277 the department;
(8) Attend the standard approved training courses as directed by the commissioner for all minimum county property appraisal staffs;
(9) Compile sales ratio data and furnish the data to the commissioner as directed by the commissioner;
(10) Comply with the rules and regulations for staff duties established by the commissioner; and
(11) Inspect mobile homes located in the county to determine if the proper decal is attached to and displayed on the mobile home by the owner as provided by law; notify the residents of those mobile homes to which a decal is not attached of the provisions of Code Sections 48-5-492 and 48-5-493; and furnish to the tax collector or tax commissioner a periodic list of those mobile homes to which a decal is not attached.
(c) Compensation. Staff appraisers shall be paid from county funds. The rates of compensation established by the commissioner shall not preclude any county from paying a higher rate of compensation to any appraiser grade.
48-5-264. Designation and duties of chief appraiser. (a) The board of tax assessors in each county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. The chief appraiser shall be responsible for:
(1) The operation and functioning of the county property appraisal staff;
(2) Certifying and signing documents prepared by the staff; and
(3) Implementing procedures deemed necessary for the efficient operation of the staff.
(b) The chief appraiser may appoint an assistant and may delegate his authority in writing to the assistant.
(c) The chief appraiser may be a member of the county board of tax assessors.
48-5-264.1. Right of chief appraiser and others to inspect property; supplying identification to occupant of property; statement to be included in tax bill. (a) The chief appraiser, other members of the county property appraisal staff, authorized agents of the county board of tax assessors, and members of the county board of tax assessors who are conducting official business of the chief appraiser, the county appraisal staff, or the county board of tax assessors may go upon property outside of buildings, posted or otherwise, in order to carry out the duty of making appraisals of the fair market value of taxable property in the county, other than property returned directly to the commissioner; provided, however, such person representing such chief appraiser, appraisal staff, or county board of tax assessors shall carry identification which is sufficiently prominent to permit the occupant to readily ascertain that such person is such representative. Such representative shall not enter upon the property unless reasonable notice has been provided to the owner and to the occupant of the property regarding the purpose for which such person is entering upon such property.
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(b) The county tax commissioner shall include a statement with the ad valorem tax bill of each taxpayer notifying the taxpayer of the right to file an ad valorem property tax return. A notification of the right of taxpayers to file ad valorem property tax returns shall also be maintained by the tax commissioner on the official website of the county.
48-5-265. Formation of joint county property appraisal staffs; contracting by Class I counties with persons to render advice or assistance; compensation. (a)(1) The governing authorities of any two or more counties may join together and by intergovernmental agreement create a joint county property appraisal staff following consultation with the county boards of tax assessors of such counties. Under any such intergovernmental agreement, the parcels of real property within the counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be determined in the intergovernmental agreement.
(2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement.
(b) The governing authorities of any two or more counties may join together and by intergovernmental agreement carry out this part following consultation with the county boards of tax assessors of such counties. All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each county.
(c)(1) Any county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors in the assessment and equalization of taxes the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and shall be set forth in the minutes of the county board of tax assessors.
(2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph shall be void and unenforceable.
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48-5-268. Training courses for new appraisers; continuing education for experienced appraisers; member of county appraisal staff to appraise tangible personal property. (a) The department may prepare, instruct, operate, and administer courses of instruction deemed necessary to provide for the training of new appraisers and the continuing education of experienced appraisers.
(b) (1) The department shall prepare, instruct, operate, and administer courses of instruction for the training of new appraisers and the continuing education of experienced appraisers in the appraisal of tangible personal property.
(2) In all counties except Class I counties, the chief appraiser shall designate at least one person on the county appraisal staff to be responsible for the appraisal of tangible personal property. Any person or persons so designated shall be required to attend the standard approved training courses operated by the department in accordance with this subsection as part of their duties specified in subsection (b) of Code Section 48-5-263. (c) The department may contract with any institution of higher education in this state to provide the courses of instruction, or any part of the courses, called for in this Code section.
Homestead Exemptions
48-5-40(3)(G): (G) In the event an individual who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted by law on only one of the houses. Only one homestead shall be allowed to one immediate family group;
48-5-44. Exemption of homestead occupied by owner; effect of participation in rural housing program on homestead exemption; limits. The homestead of each resident of this state actually occupied by the owner as a residence and homestead shall be exempted from all ad valorem taxation for state, county, and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and to retire bonded indebtedness, for as long as the residence and homestead is actually occupied by the owner primarily as a residence and homestead. The exemption shall not exceed $2,000.00 of the value of the homestead. Should the owner of a dwelling house on a farm who is already entitled to a homestead exemption participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making the contract. Except as otherwise specifically provided by law, the value of all homestead property in excess of $2,000.00 shall remain subject to taxation. The exemption shall be returned and claimed in the manner prescribed by law. This exemption shall not apply to taxes levied by municipalities.
48-5-45. Application for homestead exemption; unlawful to solicit fee to file application for homestead for another. (a) (1) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including the date for the closing of the books for the return of taxes for the
280 calendar year.
(2) The failure to file properly the application and schedule on or before the date for the closing of the books for the return of taxes of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year.
(b) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a homestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead.
(c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor.
48-5-46. Procedure for application. (a) The application for the homestead exemption shall be furnished by the commissioner not later than February 1 of each year to the tax receiver or tax commissioner and municipal authorities, as the case may be, of the various counties.
(b) The application shall provide for: (1) A statement of ownership of the homestead, a complete description of the property on which homestead exemption is claimed, when and from whom the property was acquired, the kind of title held, and the amount of liens, if any, and to whom due; and
(2) The approval of the application by the official so authorized.
(c) A form of oath shall be provided and shall be administered to the applicant seeking the homestead exemption. The oath may be administered and witnessed by the tax receiver, tax commissioner, any authorized deputy of the tax receiver or tax commissioner, or any individual authorized by law to administer oaths.
(d) The tax receiver or tax commissioner shall deliver to any interested person the forms prescribed for the exemption. The applicant must answer all questions correctly to be entitled to an approval of the application.
(e) The tax receiver or tax commissioner shall receive all applications for homestead exemption and shall file and preserve the applications. The application shall be filed with the tax receiver or tax commissioner as provided by law.
48-5-47. Applications for homestead exemptions of individuals 65 or older. (a) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continued in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted to certain individuals 65 years of age or over by the seventh unnumbered subparagraph of
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Article VII, Section I, Paragraph IV of the Constitution of 1976. Pursuant to said provision of the Constitution ratified in 1982, the homestead exemption formerly granted by said provision of the Constitution of 1976 is superseded and modified as provided in subsection (b) of this Code section.
(b) Each person who is 65 years of age or over is hereby granted an exemption from all state and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this subsection, net income shall not include income received as retirement, survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this subsection. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has once been allowed the exemption provided in this subsection, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this subsection.
(c) The application for the homestead exemption of individuals 65 years of age or older provided for by subsection (b) of this Code section shall be in the form prescribed by the commissioner. The application shall require the applicant's social security number. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the department upon sending the social security number of a claimant to the department.
48-5-47.1. Homestead exemptions for individuals 62 or older with annual incomes not exceeding $30,000.00 (a) For purposes of this Code section, the term:
(1) "Ad valorem taxes" means all state ad valorem taxes and all county ad valorem taxes for county purposes levied by, for, or on behalf of a county, except for taxes to pay interest on and to retire bonded indebtedness.
(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption
282 under this Code section is granted.
(3) "Homestead" as applied in this Code section shall mean the homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
(4) "Income" means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources.
(5) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made.
(b) Each resident of a county who is a senior citizen is granted an exemption on that person's homestead from all ad valorem taxes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person's income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or person's agent files an application with the tax commissioner of the county giving the person's age and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption.
(d) The commissioner shall provide application forms for the exemption granted by this Code section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by this Code section shall not apply to or affect any municipal taxes or county school district taxes for educational purposes. The homestead exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption applicable to county ad valorem taxes for county purposes.
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(g) The exemption granted by this Code section shall apply to all taxable years beginning on or after January 1, 1995.
48-5-48. Homestead extension by qualified disabled veteran; filing requirements; periodic substantiation of eligibility; persons eligible without application. (a) As used in this Code section, the term "disabled veteran" means:
(1) A wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he or she is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability;
(2) An American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he or she is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair;
(3) Any disabled veteran who is not entitled to receive benefits from the Department of Veterans Affairs but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976;
(4) An American veteran of any war or armed conflict who is disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; or
(5) A veteran becoming eligible for assistance in acquiring housing under Section 2101 of Title 38 of the United States Code as hereafter amended on or after July 1, 1999.
(b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 2004, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $50,000.00. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 2004, the maximum amount which may be granted to the unremarried surviving spouse or minor children of any such disabled veteran under the above- stated federal law is $50,000.00. The value of all property in excess of such exemption granted to such
284 unremarried surviving spouse or minor children shall remain subject to taxation.
(b.1) The unremarried surviving spouse or minor children of any disabled veteran shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount on a homestead, or any subsequent homestead within the same county, where such spouse or minor children continue to occupy the home as a homestead, such exemption being from ad valorem taxation for state, county, municipal, and school purposes.
(c)(1) Any disabled veteran qualifying pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the qualifying disability.
(2) Any disabled veteran qualifying pursuant to paragraph (3) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption.
(3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption.
(4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the eligibility for such housing assistance.
(d) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year, except as provided in subsection (e) of this Code section. Such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his death so long as they continue to occupy the home as a residence and homestead. In the event a disabled veteran who would otherwise be entitled to the exemption dies or becomes incapacitated to the extent that he or she cannot personally file for such exemption, the spouse, the unremarried surviving spouse, or the minor children at the time of the disabled veteran's death may file for the exemption and such exemption may be granted as if the disabled veteran had made personal application therefor.
(e) Not more often than once every three years, the county board of tax assessors may require the
285 holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility.
(f) Any person who as of January 1, 1991, has applied and is eligible for the exemption for disabled veterans, their surviving spouses, and minor children formerly provided for by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976; the exemption for disabled veterans provided for in Article VII, Section II, Paragraph V of the Constitution of 1983; or the exemption for disabled veterans formerly provided for by Code Section 48-5-48.3 as enacted by an Act approved April 11, 1986 (Ga. L. 1986, p. 1445), shall be eligible for the exemption granted by subsection (b) of this Code section without applying for such exemption.
48-5-48.3 Homestead exemption for senior citizens. (a) As used in this Code section, the term:
(1) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than ten contiguous acres of land immediately surrounding such residence.
(2) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made.
(b) Any person who is a senior citizen and resident of Georgia is granted upon application an exemption on his or her homestead which such person owns and actually occupies as a residence and homestead in an amount equal to the actual levy for state ad valorem taxation made pursuant to Code Section 48-5-8 with respect to that homestead, such exemption being from all ad valorem taxation for state purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation.
(c) The exemption shall be claimed and returned in the same manner as otherwise required under Code Section 48-5-50.1. Each person shall file for the exemption only once in the county of his or her residence. Once filed, the exemption shall automatically be renewed from year to year.
(d) The exemption granted by this Code section shall not apply to or affect county taxes, municipal taxes, or school district taxes.
(e) The exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption from state taxes.
48-5-48.4 Homestead exemption for unremarried surviving spouse of peace officer or firefighter killed in line of duty. (a) As used in this Code section, the term:
(1) "Ad valorem taxes" means all state ad valorem taxes and all county, county school district, municipal, and independent school district taxes for county, county school district, municipal, or independent school district purposes including, but not limited to, taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
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(b) Each resident of the state who is the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty is granted an exemption on that person's homestead from all ad valorem taxes for the full value of that homestead.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or person's agent files an affidavit with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption from ad valorem taxes.
(f) The exemption granted by this Code section shall apply to all taxable years beginning on or after January 1, 2007.
48-5-49. Determination of eligibility of applicant; appeal. (a) The official receiving an application for homestead exemption shall determine the eligibility of the applicant to claim the exemption and, whether the application is approved or disapproved, he shall then transfer the application to the county board of tax assessors for final determination by the board as to eligibility and value as provided by law.
(b) The applicant shall have the right of appeal from the decision of the board of assessors to the county board of equalization as provided in Code Section 48-5-311.
48-5-50. Homestead value credited with exemption; approval of correctness of value, exemption, and difference. The value of the homestead as finally determined shall be credited with the homestead exemption provided by law. The homestead value, exemption, and difference, if any, shall be shown on the owner's tax return and the correctness of the value, exemption, and difference shall be approved on the return as provided by law.
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48-5-50.1. Claim and return of constitutional or local law homestead exemptions from county taxes, county school taxes, or municipal or independent school district taxes. (a) This Code section shall govern the procedure for returning and claiming homestead exemptions which are created by or pursuant to local laws or constitutional amendments which were not general amendments. If, however, such a constitutional amendment or local law contains provisions which are in conflict with this Code section, then such other provisions shall prevail over this Code section.
(b) (1) If the homestead exemption is from county taxes or county school taxes, it shall be claimed and returned as provided in Code Sections 48-5-45, 48-5-46, 48-5-49, and 48-5-50.
(2) If the homestead exemption is from municipal or independent school district taxes, it shall be claimed and returned as provided in Code Sections 48-5-45, 48-5-46, and 48-5-50, except that any reference to the tax commissioner or tax receiver shall be deemed to refer to the municipal governing authority or its designee. The determination of eligibility of the applicant to claim the exemption shall be made by the municipal governing authority subject to appeal to the superior court. Any such appeal must be filed within 30 days after the final determination by the municipal governing authority and shall be a de novo proceeding.
(3) In addition to the provisions required by Code Section 48-5-46, the application for an exemption under this Code section may provide where necessary for an affidavit as to the age of the owner, the income of the owner and of each member of his family residing on the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. The commissioner shall not be required to furnish specialized forms required by this Code section.
48-5-51. Fraudulent claim of homestead exemption under Code Sections 48-5-44 through 48- 5-50; penalty. (a) It shall be unlawful for any person to:
(1) Make any false or fraudulent claim for exemption under Code Sections 48-5-44 through 48-5-50;
(2) Make any false statement or false representation of a material fact in support of a claim for exemption under Code Sections 48-5-44 through 48-5-50; or
(3) Assist another knowingly in the preparation of any false or fraudulent claim for exemption under Code Sections 48-5-44 through 48-5-50, or enter into any collusion with another by the execution of a fictitious deed, deed of trust, mortgage, or otherwise.
(b) Any person who violates this Code section shall be guilty of a misdemeanor. In addition, the property shall be taxed in an amount double the tax otherwise to be paid.
48-5-52. Exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 or older; application; replacement of revenue. (a) The homestead of each resident of each independent school district and of each county school district within this state who is 62 years of age or older and, for the purposes of all tax years beginning on or after January 1, 2003, whose net income together with the net income of the spouse who also occupies and resides at such homestead, as net income is defined by Georgia law from all sources, except as otherwise provided in this subsection, does not exceed $10,000.00 for the immediately
288 preceding taxable year for income tax purposes, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of any such school system, including taxes to retire school bond indebtedness. For the purposes of this subsection, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his or her spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as net income for the purposes of this subsection. The exemption shall not exceed $10,000.00 of the homestead's assessed value. Except as otherwise specifically provided by law, the value of that property in excess of such exempted amount shall remain subject to taxation.
(b)(1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts.
(2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the: (A) Age of the owner on January 1 immediately preceding the filing of the affidavit;
(B) Total amount of net income received by the owner and spouse from all sources during the immediately preceding calendar year; and
(C) Such additional information as may be required by the commissioner.
(3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department.
(4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section.
(c) The homestead exemption granted by this Code section shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders when such property is actually occupied as a residence by one or more of the titleholders who possess the qualifications provided in subsection (a) of this Code section and who claim the exemption in the manner provided for in this Code section. The exemption shall also extend to those homesteads the title to which is vested in a personal representative or trustee if one or more of the heirs or beneficiaries residing on the property possess the qualifications provided for and claim the exemption in the manner provided in this Code section.
(d)(1) The State Board of Education, when funds are specifically appropriated for the purpose of
289 replacing revenue lost by local school systems as a result of this Code section, shall provide each school district in this state which, on July 1, 1974, had in effect a tax levy of 20 mills or more for educational purposes or was levying the maximum permissible tax authorized by law for educational purposes, with grants for educational purposes which shall equal the revenues lost by the school district due to the exemption provided by this Code section for property located within the school district.
(2) The State Board of Education may promulgate reasonable rules to carry out this subsection.
48-5-52.1. Exemption from ad valorem taxation for state, county, municipal, and school purposes of homesteads of unremarried surviving spouses of U.S. service members killed in action. (a) Any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 1999, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $43,000.00. For the purposes of this Code section, the term "unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Code section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation.
(b) In order to qualify for the exemption provided for in this Code section, the unremarried surviving spouse shall furnish to the tax commissioner of the county of residence documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict.
(c) An unremarried surviving spouse filing for the exemption under this Code section shall be required to file with the tax commissioner information relative to marital status and other such information which the county board of tax assessors deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the tax commissioner. Once filed, the exemption shall automatically be renewed from year to year, except that the county board of tax assessors may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner in the event that person for any
290 reason becomes ineligible for such exemption.
(d) The exemption granted by this Code section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for state, county, municipal, and school purposes which is equal to or lower in amount than such exemption granted by this Code section. If the amount of any other exemption from ad valorem taxation for state, county, municipal, and school purposes applicable to any resident qualifying under this Code section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this Code section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this Code section.
(e) The exemptions granted by this Code section shall apply to the tax year beginning on January 1, 2001, and all tax years thereafter.
48-5-53. Falsification of information required by Code Section 48-5-52; penalty. (a) It shall be unlawful for any person willfully to falsify information required by the commissioner pursuant to Code Section 48-5-52, whether relating to age, income, or otherwise.
(b) Any person who violates subsection (a) of this Code section commits the offense of false swearing.
48-5-54. Application of homestead exemptions to properties with multiple titleholders and properties held by administrators, executors, or trustees. (a) The exemptions granted to the homestead pursuant to this part shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders if actually occupied by one or more of such owners as a residence. In such instances, such exemptions shall be granted to such properties if claimed in the manner provided by law by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads the title to which is vested in an administrator, executor, or trustee if one or more of the heirs or cestui que uses residing on such property claims the exemption in the manner provided by law. The provisions of this Code section shall also apply to exemptions granted to the homestead by any local law adopted after July 1, 1984, unless the local law expressly provides to the contrary.
(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrator's or executor's deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. In the case of a base year assessed value homestead exemption, as long as the surviving spouse otherwise meets the requirements specified for such exemption and makes proper application under this subsection, upon approval of such application the exemption shall be continued with the same base year assessed value as had been established for the deceased spouse of such surviving spouse, unless otherwise provided by local law.
48-5-55. Continuation of constitutional exemptions from ad valorem taxes. (a) Exemptions from ad valorem taxation granted by or pursuant to constitutional amendments other than general constitutional amendments of state-wide application, which exemptions were in effect on June 30, 1983, are continued in effect as statutory law until otherwise provided for by law.
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(b) The provisions of this part shall not prohibit any otherwise lawful local Act from granting exemptions from ad valorem taxes other than state ad valorem taxes, which exemptions are in addition to or in place of the exemptions granted pursuant to this part.
48-5-56. Notice of homestead exemptions from ad valorem taxation to accompany bill for ad valorem taxes on real property. Each bill for ad valorem taxes on real property other than property required to be returned to the commissioner shall contain or be accompanied by a notice in substantially the following form:
"Certain persons are eligible for certain homestead exemptions from ad valorem taxation. In addition to the regular homestead exemption authorized for all homeowners, certain elderly persons are entitled to additional homestead exemptions. The full law relating to each exemption must be referred to in order to determine eligibility for the exemption. If you are eligible for one of these exemptions and are not now receiving the benefit of the exemption, you must apply for the exemption not later than (insert date) in order to receive the exemption in future years. For more information on eligibility for exemptions or on the proper method of applying for an exemption, you may contact the office of the county tax receiver or county tax commissioner, which is located at : (insert address) and which may be contacted by telephone at : (insert telephone number).
If you feel that your property has been assigned too high a value for tax purposes by the board of tax assessors, you should file a tax return reducing the value not later than ______in order to have an opportunity to have this value lowered for next year's taxes. Information on filing a return can be obtained from the county tax receiver or tax commissioner at the above address and telephone number."
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Covenants
48-5-7.1. Tangible real property devoted to agricultural purposes Definition; persons entitled to preferential tax assessment; covenant to maintain agricultural purposes; penalty for breach of covenant.
(a) For purposes of this article, "tangible real property which is devoted to 'bona fide agricultural purposes' ":
(1) Is tangible real property, the primary use of which is good faith commercial production from or on the land of agricultural products, including horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products and all other forms of farm products; but
(2) Includes only the value which is $100,000.00 or less of the fair market value of tangible real property which is devoted to the storage or processing of agricultural products from or on the property; and
(3) Excludes the entire value of any residence located on the property.
(b) No property shall qualify for the preferential ad valorem property tax assessment provided for in subsection (b) of Code Section 48-5-7 unless:
(1) It is owned by one or more natural or naturalized citizens; or
(2) It is owned by a family-farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree by civil reckoning, and such corporation derived 80 percent or more of its gross income for the year immediately preceding the year in which application for preferential assessment is made from bona fide agricultural pursuits carried out on tangible real property located in this state, which property is devoted to bona fide agricultural purposes.
(c) No property shall qualify for said preferential assessment if such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of preferential assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide agricultural purposes, such taxpayer shall apply for preferential assessment only as to 2,000 acres of such land.
(d) No property shall qualify for preferential assessment unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide agricultural purposes for a period of at least ten years beginning on the first day of January of the year in which such property qualifies for preferential assessment and ending on the last day of December of the tenth year of the covenant period. After the expiration of any ten-year covenant period, the property shall not qualify for further preferential assessment until and unless the owner of the property enters into a renewal covenant for an additional period of ten years.
(e) No property shall maintain its eligibility for preferential assessment unless a valid covenant remains in effect and unless the property is continuously devoted to bona fide agricultural purposes during the entire period of the covenant.
(f) If any change in ownership of such qualified property occurs during the covenant period, all
293 qualification requirements must be met again before the property shall be eligible to be continued for preferential assessment. If ownership of the property is acquired during a covenant period by a person qualified to enter into an original covenant, by a newly formed corporation the stock in which is owned by the original covenantor or others related to the original covenantor within the fourth degree by civil reckoning, or by the personal representative of an owner who was a party to the covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(g) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be computed by multiplying the amount by which the preferential assessment has reduced taxes otherwise due for the year in which the breach occurs times:
(1) A factor of five if the breach occurs in the first or second year of the covenant period;
(2) A factor of four if the breach occurs during the third or fourth year of the covenant period;
(3) A factor of three if the breach occurs during the fifth or sixth year of the covenant period; or
(4) A factor of two if the breach occurs in the seventh, eighth, ninth, or tenth year of the covenant period.
(h) A penalty imposed under subsection (g) of this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(i) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected as other unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein the preferential assessment has been granted based upon the total amount by which such preferential assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(j) The penalty imposed by subsection (g) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(k) All applications for preferential assessment, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such preferential assessment shall be first applicable. An application for continuation of preferential assessment upon a change in ownership of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998, the county board of tax assessors shall file a copy of the approved application in the office of the
294 clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications approved on or after July 1, 1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. As to property approved for preferential assessment prior to July 1, 1998, the county board of tax assessors shall file copies of all approved applications in the office of the clerk of the superior court not later than August 14, 1998, and the clerk shall file, index, and record such approved applications, as provided for in this subsection, with the fee of the clerk of the superior court for filing, indexing, and recording to be paid out of the general funds of the county.
(l) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for preferential assessment. Such application shall include an oath or affirmation by the taxpayer that he has not at any time received, or made a pending application for, preferential assessment in the same or another county with respect to any property which taken together with property for which application is then being made exceeds 2,000 acres.
(m) The commissioner shall annually submit a report to the Governor and members of the General Assembly which shall show the fiscal impact of the preferential assessment provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of the preferential assessment; approximate tax dollar losses, by county, to all local governments affected by such preferential assessment; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant.
(n)(1) The transfer prior to July 1, 1988, of a part of the property subject to a covenant shall not constitute a breach of a covenant entered into before or after July 1, 1984, if:
(A) The part of the property so transferred is used for single-family residential purposes and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(B) The part of the property so transferred, taken together with any other part of the property so transferred during the covenant period, does not exceed a total of three acres.
(2) The transfer on or after July 1, 1988, of a part of the property subject to a covenant shall not constitute a breach of a covenant entered into before or after July 1, 1988, if:
(A) The part of the property so transferred is transferred to a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(B) The part of the property so transferred, taken together with any other part of the property
295 transferred to the same relative during the covenant period, does not exceed a total of five acres.
(o) The following shall not constitute a breach of a covenant entered into before or after July 1, 1984:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith commercial production from or on the land of agricultural products; or
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes.
(p) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to readily ascertain that the property is subject to preferential assessment. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to readily locate the covenant affecting any particular property subject to preferential assessment.
(q)(1) In any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt, or the property is conveyed to the lien holder without compensation and in lieu of foreclosure, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt;
(B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and
(C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (g) of this Code section.
(2) When a breach occurs solely as a result of a foreclosure which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year in which the covenant is breached.
(3) A penalty imposed under this subsection shall bear interest at the rate specified in Code Section 48- 2-40 from the date the covenant is breached.
(r)(1) In any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in agricultural use, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply. The penalty specified by paragraph (2) of this subsection shall likewise be substituted for the penalty specified by subsection (g) of this Code section in any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the operator of the real property physically unable to continue the property in agricultural use, provided that the alternative penalty shall apply in this case only if the operator of the real property is a member of the family owning a family-farm corporation which owns the real
296 property.
(2) When a breach occurs which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year during which the covenant is breached.
(3) A penalty imposed under this subsection shall bear interest at the rate specified in Code Section 48- 2-40 from the date the covenant is breached.
(4) Prior to the imposition of the alternative penalty authorized by this subsection in lieu of the penalty specified by subsection (g) of this Code section, the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability which meets the qualifications of paragraph (1) of this subsection.
(r.1) In any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant under this Code section, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years the penalty specified by subsection (g) of this Code section shall not apply and the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year in which the covenant is breached. Such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date of the breach. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors.
(s) Property which is subject to preferential assessment and which is subject to a covenant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once.
(t) At such time as the property ceases to be eligible for preferential assessment or when any ten-year covenant period expires and the property does not qualify for further preferential assessment, the owner of the property shall file an application for release of preferential treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms.
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48-5-7.2. Certification as rehabilitated historic property for purposes of preferential assessment. (a)(1) For the purposes of this article, "rehabilitated historic property" means tangible real property which:
(A) Qualifies for listing on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12;
(B) Is in the process of or has been substantially rehabilitated, provided that in the case of owner occupied residential real property the rehabilitation has increased the fair market value of the building or structure by not less than 50 percent, or, in the case of income-producing real property, the rehabilitation has increased the fair market value of the building or structure by not less than 100 percent, or, in the case of real property used primarily as residential property but partially as income- producing property, the rehabilitation has increased the fair market value of the building or structure by not less than 75 percent, provided that the exact percentage of such increase in the fair market value to be required shall be determined by rules and regulations promulgated by the Board of Natural Resources. For the purposes of this subparagraph, the term "fair market value" shall mean the fair market value of the property, excluding the provisions of subparagraph (C) of paragraph (3) of Code Section 48-5-2;
(C) The rehabilitation of which meets the rehabilitation standards as provided in regulations promulgated by the Department of Natural Resources; and
(D) Has been certified by the Department of Natural Resources as rehabilitated historic property eligible for preferential assessment.
(2) The preferential classification and assessment of rehabilitated historic property provided for in this Code section shall apply to the building or structure which is the subject of the rehabilitation, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as historic property only if substantial rehabilitation of such property was initiated after January 1, 1989, and only property which has been certified as rehabilitated historic property by the Department of Natural Resources after July 1, 1989, may qualify for preferential assessment.
(b) In order for property to qualify for preferential assessment as provided for in subsection (c) of Code Section 48-5-7, the property must receive certification as rehabilitated historic property as defined in paragraph (1) of subsection (a) of this Code section and pursuant to regulations promulgated by the Department of Natural Resources. Applications for certification of such property shall be accompanied by a fee specified by rules and regulations of the Board of Natural Resources. The Department of Natural Resources may, at its discretion, delegate its responsibilities conferred under subparagraph (a)(1)(C) of this Code section.
(c) Upon a property owner's receiving preliminary certification pursuant to the provisions of subsection (b) of this Code section, such property owner shall submit a copy of such preliminary certification to the county board of tax assessors. A property owner shall have 24 months from the date that preliminary certification is received pursuant to subsection (b) of this Code section in which to complete the rehabilitation of such property in conformity with the application approved by the Department of
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Natural Resources. After receiving the preliminary certification from the property owner, the county board of tax assessors shall not increase the assessed value of such property during the period of rehabilitation of such property, not to exceed two years. During such period of rehabilitation of the property, the county tax receiver or tax commissioner shall enter upon the tax digest a notation that the property is subject to preferential assessment and shall also enter an assessment of the fair market value of the property, excluding the preferential assessment authorized by this Code section. Any taxes not paid on the property as a result of the preliminary certification and frozen assessed value of the property shall be considered deferred until a final determination is made as to whether such property qualifies for preferential assessment as provided in this Code section.
(d) Upon the completion of the rehabilitation of such property, the property owner shall submit a request in writing for final certification to the Department of Natural Resources. The Department of Natural Resources shall determine whether such property as rehabilitated constitutes historic property which will be listed on the Georgia Register of Historic Places and which qualifies for preferential assessment. The Department of Natural Resources shall issue to the property owner a final certification if such property so qualifies.
(e) Upon receipt of final certification from the Department of Natural Resources, a property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph (a)(1)(B) of this Code section; provided, however, that, if the property owner can document expenditures on rehabilitation of owner occupied property of not less than 50 percent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value of the building or structure at the time of preliminary certification of the property, or, in the case of real property used primarily as residential property but partially as income- producing property, expenditures on rehabilitation of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required to grant preferential assessment to such property. For the purposes of this subsection, the term "fair market value" shall mean the fair market value of the building or structure, excluding the provisions of subparagraph (C) of paragraph (3) of Code Section 48- 5-2; and such rehabilitation expenditures shall also include expenditures incurred in preserving specimen trees upon not more than two acres of real property surrounding the building or structure. As used in this Code section, the term "specimen tree" means any tree having a trunk diameter of 30 inches or more. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(f) A property owner who fails to have property classified as rehabilitated historic property and listed on the Georgia Register of Historic Places for the preferential assessment shall be required to pay the difference between the amount of taxes on the property during the period that the assessment was frozen pursuant to the provisions of subsection (c) of this Code section and the amount of taxes which would have been due had the property been assessed at the regular fair market value, plus interest at the rate prescribed in Code Section 48-2-40.
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(g)(1) Property which has been classified by the county board of tax assessors as rehabilitated historic property shall be eligible for the preferential assessment provided for in subsection (c) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the preliminary certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of rehabilitated historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as rehabilitated historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation "rehabilitated historic property" shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (C) of paragraph (3) of Code Section 48-5-2.
(h) When property has once been classified and assessed as rehabilitated historic property, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following:
(1) Written notice by the taxpayer to the county tax commissioner or receiver to remove the preferential classification and assessment;
(2) Sale or transfer of ownership making the property exempt from property taxation;
(3) Decertification of such property by the Department of Natural Resources. The Department of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as rehabilitated historic property. When for any reason the property or any portion thereof ceases to qualify as rehabilitated historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January; or
(4) The expiration of nine years during which the property was classified and assessed as rehabilitated historic property; provided, however, that any such property may qualify thereafter as rehabilitated historic property if such property is subject to subsequent rehabilitation and qualifies under the provisions of this Code section.
(i) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge
300 appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(j)(1) The taxes and interest deferred pursuant to this Code section shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but the deferred taxes and interest shall only be due, payable, and delinquent as provided in this Code section.
(2) Liens for taxes deferred under this Code section, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53 of the "Pre-1998 Probate Code," if applicable, or Chapter 3 of Title 53 of the "Revised Probate Code of 1998." History
48-5-7.3. Landmark historic property (a) (1) For the purposes of this Code section, "landmark historic property" means tangible real property which:
(A) Has been listed on the National Register of Historic Places or on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12 and has been so certified by the Department of Natural Resources; and
(B) Has been certified by a local government as landmark historic property having exceptional architectural, historic, or cultural significance pursuant to a comprehensive local historic preservation or landmark ordinance which is of general application within such locality and has been approved as such by the state historic preservation officer.
(2) The preferential classification and assessment of landmark historic property provided for in this Code section shall apply to the building or structure which is listed on the National Register of Historic Places or on the Georgia Register of Historic Places, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as landmark historic property and be eligible to receive the preferential assessment provided for in this Code section only if the local governing authority has adopted an ordinance authorizing such preferential assessments for landmark historic property under this Code section. Notwithstanding any other provision of this paragraph, said ordinances may extend the preferential assessment authorized by this Code section to tangible income-producing real property, tangible non-income producing real property, or combination thereof, so as to encourage the preservation of historic properties and assist in the revitalization of historic areas.
(b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.1) of Code Section 48-5-7, the property must receive the certifications required for landmark historic property as defined in paragraph (1) of subsection
(a) of this Code section.
(c) Upon receipt of said certifications, a property owner desiring classification of any such historic
301 property as landmark historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(d) (1) Property which has been classified by the county board of tax assessors as landmark historic property shall be immediately eligible for the preferential assessment provided for in subsection (c.1) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of landmark historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as landmark historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation "landmark historic property" shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (D) of paragraph (3) of Code Section 48-5-2.
(e) (1) When property has once been classified and assessed as landmark historic property, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following:
(A) Written notice by the taxpayer to the county tax commissioner or receiver to remove the preferential classification and assessment;
(B) Sale or transfer of ownership making the property exempt from property taxation;
(C) Decertification of such property by the Department of Natural Resources. The Department of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as landmark historic property, except as specified in subparagraph (B) of this paragraph. When for any reason the property or any portion thereof ceases to qualify as landmark historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January;
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(D) Decertification of such property by the local governing authority for failure to maintain such property in a standard condition as specified in the local historic preservation or landmark ordinance or in local building codes; or
(E) The expiration of nine years during which the property was classified and assessed as landmark historic property; provided, however, that any such property may qualify thereafter as landmark historic property if such property is subject to subsequent rehabilitation and qualifies under other portions of the historic properties tax incentive program contained within the provisions of this Code section.
(2) Except as otherwise provided in this Code section, if a property becomes disqualified pursuant to any provision of this subsection, the decertification shall be transmitted to the county board of tax assessors and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs.
(f) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this subsection shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(g) No property shall be eligible to receive simultaneously more than one of the preferential assessments provided for in this Code section and Code Section 48-5-7.2.
(h) Any landmark historic property which lies within a locally designated landmark or historic preservation district which is predominantly a residential district as determined by the local governing authority shall not be eligible for the preferential assessment provided for in this subsection if such landmark historic property constitutes a nonconforming use pursuant to applicable local zoning ordinances or if such landmark historic property does not contribute to the architectural, historic, or cultural values for which said district is significant.
(i) (1) The difference between the preferential assessment granted by this Code section and the taxes which would otherwise be assessed and interest thereon shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but shall only be due, payable, and delinquent as provided in this Code section.
(2) Such liens for taxes, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53 of the "Pre-1998 Probate Code," if applicable, or Chapter 3 of Title 53 of the "Revised Probate Code of 1998." 48-5-7.4. Bona fide conservation use property; residential transitional property; application procedures; penalties for breach of covenant; classification on tax digest; annual report.
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48-5-7.4. Bona fide conservation use property; residential transitional property; application procedures; penalties for breach of covenant; classification on tax digest; annual report. (a) For purposes of this article, the term "bona fide conservation use property" means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows
(1) Not more than 2,000 acres of tangible real property of a single person, the primary purpose of which is any good faith production, including but not limited to subsistence farming or commercial production, from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property;
(A.1) In the application of the limitation contained in the introductory language of this paragraph, the following rules shall apply to determine beneficial interests in bona fide conservation use property held in a family owned farm entity as described in division (1)(C)(iv) of this subsection:
(i) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection shall be considered to own only the percent of the bona fide conservation use property held by such family owned farm entity that is equal to the percent interest owned by such person in such family owned farm entity; and
(ii) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused portion of such person's 2,000 acre limitation or the product of such person's percent interest in the family owned farm entity times the total number of acres owned by the family owned farm entity subject to such bona fide conservation use assessment, with the result that the family owned farm entity may receive bona fide conservation use assessment on more than 2,000 acres;
(B) Such property excludes the entire value of any residence and its underlying property; as used in this subparagraph, the term "underlying property" means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying property of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to a covenant or is subject to the renewal of a previous covenant on or after May 1, 2012;
(C) Except as otherwise provided in division (vii) of this subparagraph, such property must be owned by:
(i) One or more natural or naturalized citizens;
(ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens;
(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens;
(iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no
304 more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility;
(v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code;
(vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; or
(vii) In the case of constructed storm-water wetlands, any person may own such property;
(D) Factors which may be considered in determining if such property is qualified may include, but not be limited to:
(i) The nature of the terrain;
(ii) The density of the marketable product on the land;
(iii) The past usage of the land;
(iv) The economic merchantability of the agricultural product; and
(v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof;
(E) Such property shall, if otherwise qualified, include, but not be limited to, property used for:
(i) Raising, harvesting, or storing crops;
(ii) Feeding, breeding, or managing livestock or poultry;
(iii) Producing plants, trees, fowl, or animals, including without limitation the production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture; or
(iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; and
(F) The primary purpose described in this paragraph includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain; or
(2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph
305 and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection:
(A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area;
(B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program;
(C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources;
(D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended;
(E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended;
(F) River or stream corridors or buffers which shall be defined as those undeveloped lands which are:
(i) Adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency; or
(ii) Within buffer zones adjacent to rivers or perennial streams, which buffer zones are established by law or local ordinance and within which land-disturbing activity is prohibited; or
(G) (i) Constructed storm-water wetlands of the free-water surface type certified by the Department of Natural Resources under subsection (k) of Code Section 12-2-4 and approved for such use by the local governing authority.
(ii) No property shall maintain its eligibility for current use assessment as a bona fide conservation use property as defined in this subparagraph unless the owner of such property files an annual inspection report from a licensed professional engineer certifying that as of the date of such report the property is being maintained in a proper state of repair so as to accomplish the objectives for which it was designed. Such inspection report and certification shall be filed with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county for each tax year for which such assessment is sought.
(a.1) Notwithstanding any other provision of this Code section to the contrary, in the case of property which otherwise meets the requirements for current use assessment and the qualifying use is pursuant to division (1)(E)(iii) of subsection (a) of this Code section, when the owner seeks to renew the covenant
306 or reenter a covenant subsequent to the termination of a previous covenant which met such requirements and the owner meets the qualifications under this Code section but the property is no longer being used for the qualified use for which the previous covenant was entered pursuant to division (1)(E)(iii) of subsection (a) of this Code section, the property is not environmentally sensitive property within the meaning of paragraph (2) of subsection (a) of this Code section, and the primary use of the property is maintenance of a wildlife habitat of not less than ten acres either by maintaining the property in its natural condition or under management, the county board of tax assessors shall be required to accept such use as a qualifying use for purposes of this Code section.
(b) Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetlands, the following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business;
(2) The owner of a tract, lot, or parcel of land totaling less than 10 acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after May 1, 2012, is either first made subject to a covenant or is subject to a renewal of a previous covenant. If the owner of the subject property provides proof that such owner has filed with the Internal Revenue Service a Schedule E, reporting farm related income or loss, or a Schedule F, with Form 1040, or, if applicable, a Form 4835, pertaining to such property, the provisions of this paragraph, requiring additional relevant records regarding proof of bona fide conservation use, shall not apply to such property. Prior to a denial of eligibility under this paragraph, the tax assessor shall conduct and provide proof of a visual on-site inspection of the property. Reasonable notice shall be provided to the property owner before being allowed a visual, on-site inspection of the property by the tax assessor;
(3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land;
(4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment;
(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and
(6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil
307 map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board.
(c) For purposes of this article, the term "bona fide residential transitional property" means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a developer, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area.
(d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period of ten years; provided, however, that the owner may enter into a renewal contract in the ninth year of a covenant period so that the contract is continued without a lapse for an additional ten years.
(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use.
(f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 except that such owner shall be authorized to change such preferential assessment covenant in the manner provided for in subsection (s) of Code Section 48-5-7.1.
(g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for current use assessment under this Code section unless a valid covenant remains in effect and unless the
308 property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (l) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax assessors.
(h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section.
(i) (1) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(2) (A) As used in this paragraph, the term "contiguous" means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track.
(B) If a qualified owner has entered into an original bona fide conservation use covenant and subsequently acquires additional qualified property contiguous to the property in the original covenant, the qualified owner may elect to enter the subsequently acquired qualified property into the original covenant for the remainder of the ten-year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 50 acres.
(j) (1) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998, the county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications approved on or after July 1, 1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial
309 of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48- 5-311.
(k) (1) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he or she is in compliance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, if applicable.
(2) The applicable local governing authority shall accept applications for approval of property for purposes of subparagraph (a)(2)(G) of this Code section and shall certify property to the local board of tax assessors as meeting or not meeting the criteria of such paragraph. The local governing authority shall not certify any property as meeting the criteria of subparagraph (a)(2)(G) of this Code section unless:
(A) The owner has submitted to the local governing authority:
(i) A plat of the tract in question prepared by a licensed land surveyor, showing the location and measured area of such tract;
(ii) A certification by a licensed professional engineer that the specific design used for the constructed storm-water wetland was recommended by the engineer as suitable for such site after inspection and investigation; and
(iii) Information on the actual cost of constructing and estimated cost of operating the storm-water wetland, including without limitation a description of all incorporated materials, machinery, and equipment; and
(B) An authorized employee or agent of the local governing authority has inspected the site before, during, and after construction of the storm-water wetland to determine compliance with the requirements of subparagraph (a)(2)(G) of this Code section.
(k.1) In the case of an alleged breach of the covenant, the owner shall be notified in writing by the board of tax assessors. The owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(l) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant
310 to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(n) The penalty imposed by subsection (l) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period.
(p) The following shall not constitute a breach of a covenant:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products;
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes;
(3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax
311 return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period;
(4) (A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph.
(B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant;
(5) Leasing a portion of the property subject to the covenant, but in no event more than six acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value;
(6) Allowing all or part of the property subject to the covenant on which a corn crop is grown to be used for the purpose of constructing and operating a maze so long as the remainder of such corn crop is harvested; or
(7) (A) Allowing all or part of the property subject to the covenant to be used for agritourism purposes.
(8) Allowing all or part of the property which has been subject to a covenant for at least one year to be used as a site for farm weddings; or
(9) Allowing all or part of the property which has been subject to a covenant for at least one year to be used to host not for profit equestrian performance events to which spectator admission is not contingent upon an admission fee but which may charge an entry fee from each participant.
(B) As used in this paragraph, the term "agritourism" means charging admission for persons to visit, view, or participate in the operation of a farm or dairy or production of farm or dairy products for entertainment or educational purposes or selling farm or dairy products to persons who visit such farm or dairy.
(q) In the following cases, the penalty specified by subsection (l) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt;
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(B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and
(C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (l) of this Code section;
(2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability;
(3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or
(4) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner entered into the covenant for bona fide conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in a qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors.
(r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a state-wide basis.
(s) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section and Code Section 48-5-7.5. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also include any other data or facts which the commissioner deems relevant.
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(t) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state.
(u) Reserved.
(v) Reserved.
(w) At such time as the property ceases to be eligible for current use assessment or when any ten-year covenant period expires and the property does not qualify for further current use assessment, the owner of the property shall file an application for release of current use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms.
(x) Notwithstanding any other provision of this Code section to the contrary, in any case where a renewal covenant is breached by the original covenantor or a transferee who is related to that original covenantor within the fourth degree by civil reckoning, the penalty otherwise imposed by subsection (l) of this Code section shall not apply if the breach occurs during the sixth through tenth years of such renewal covenant, and the only penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for each year in which such renewal covenant was in effect, plus interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(y) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a bona fide conservation use property. The commissioner also may provide that advance notice be given to taxpayers of the intent of a board of tax assessors to deem a change in use as a breach of a covenant.
(z) The governing authority of a county shall not publish or promulgate any information which is inconsistent with the provisions of this Chapter.
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560-11-6-.07(i): (i) Except as otherwise provided, the total current use valuation for any property, including qualified improvements, whose qualifying use is as bona fide conservation use property for any year during the covenant period shall not be increased or decreased by more than three percent from the current use valuation for the immediately preceding tax year or be increased or decreased during the entire covenant period by more than 34.39 percent from its current use valuation for the first year of the covenant period. The limitations imposed herein shall apply to the total value of all the conservation use property that is the subject of an individual covenant including any improvements that meet the qualifications set forth in O.C.G.A. § 48-5-7.4(a)(1); provided, however, that in the event the owner changes the use of any portion of the land or adds or removes therefrom any such qualified improvements, the limitations imposed by this subsection shall be recomputed as if the new uses and improvements were in place at the time the covenant was originally entered. This limitation on increases or decreases shall not apply to the current use valuation of residential transitional property.
560-11-6-.04(2) & (3): (2) In those counties where U.S. Department of Agriculture, Natural Resources Conservation Service soil survey maps are available, it shall be the responsibility of the board of tax assessors to delineate the soil types on the tax records of the applicant’s property. (3) In those counties where the board of tax assessors has not been able to obtain U.S. Department of Agriculture, Natural Resources Conservation Service soil survey maps, the board of tax assessors shall determine the soil types of the applicant’s property using the best information available.
560-11-6-.05(5): (5) In addition to the provisions for property subject to the covenant to lie fallow or idle pursuant to O.C.G.A. § 48-5-7.4(p)(2), allowing conservation use property to lie fallow due to economic or financial hardship shall not be considered a change of qualifying use nor a breach of the covenant provided the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county of the land lying fallow and does not allow the land to lie fallow for more than two years within any five- year period.
560-11-6-.04(9)(a): (9) When property receiving current use assessment and subject to a conservation use covenant is transferred to an estate or heirs by virtue of the death of a covenant owner, and the estate or heirs fail to apply for a continuation of the current use assessment on or before the deadline for filing tax returns in the year following the year in which the death occurred, such failure may be taken by the board of tax assessors as evidence that a breach of the covenant has occurred. In such event in which case the board of tax assessors shall send to any remaining parties to the covenant, whether the estate or the heirs a notice entitled "Notice of Intent to Terminate a Conservation Use Covenant." The notice shall set forth the following: (a) the requirement of the estate or heirs to the property currently receiving current use assessment to apply for a continuation of the current use assessment within thirty (30) days of the date of postmark of the notice;
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48-5-7.6. "Brownfield property" defined; related definitions; qualifying for preferential assessment; disqualification of property receiving preferential assessment; responsibilities of property owners; transfers of property; costs; appeals; penalty and creation of lien against property; extension of preferential assessment of brownfield property under certain circumstances (a)(1) For the purposes of this Code section, "brownfield property" means tangible real property where:
(A) There has been a release of hazardous waste, hazardous constituents, and hazardous substances into the environment; and
(B) The director of the Environmental Protection Division of the Department of Natural Resources, under Article 9 of Chapter 8 of Title 12, the "Georgia Hazardous Site Reuse and Redevelopment Act," as amended, has approved and not revoked said approval of the prospective purchaser's corrective action plan or compliance status report for such brownfield property; and
(C) The director of the Environmental Protection Division of the Department of Natural Resources, under Article 9 of Chapter 8 of Title 12, the "Georgia Hazardous Site Reuse and Redevelopment Act," as amended, has issued and not revoked a limitation of liability certificate for the prospective purchaser; and
(D) The Environmental Protection Division of the Department of Natural Resources has certified eligible costs of remediation pursuant to subsection (j) below.
(2) The preferential classification and assessment of brownfield property provided for in this Code section shall apply to all real property qualified by the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the "Georgia Hazardous Site Reuse and Redevelopment Act," as amended, and any subsequent improvements to said property.
(3) "Eligible brownfield costs" means costs incurred after July 1, 2003, and directly related to the receipt of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the "Hazardous Sites Reuse and Redevelopment Act," as amended, that are not ineligible costs.
(4) "Ineligible costs" means expenses of the following types:
(A) Purchase or routine maintenance of equipment of a durable nature that is expected to have a period of service of one year or more after being put into use at the property without material impairment of its physical condition, unless the applicant can show that the purchase was directly related to the receipt of a limitation of liability, or the applicant can demonstrate that the equipment was a total loss and that the loss occurred during the activities required for receipt of applicant's limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the "Hazardous Sites Reuse and Redevelopment Act," as amended;
(B) Materials or supplies not purchased specifically for obtaining a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the "Hazardous Sites Reuse and Redevelopment Act," as amended;
(C) Employee salaries and out-of-pocket expenses normally provided for in the property owner's operating budget (i.e. meals, fuel) and employee fringe benefits;
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(D) Medical expenses;
(E) Legal expenses;
(F) Other expenses not directly related to the receipt of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the "Hazardous Sites Reuse and Redevelopment Act," as amended;
(G) Costs arising as a result of claims for damages filed by third parties against the property owner or its agents should there be a new release at the property during or after the receipt of a limitation of liability;
(H) Costs resulting from releases after the purchase of qualified brownfield property that occur as a result of violation of state or federal laws, rules, or regulations;
(I) Purchases of property;
(J) Construction costs;
(K) Costs associated with maintaining institutional controls after the certification of costs by the Environmental Protection Division of the Department of Natural Resources; and
(L) Costs associated with establishing, maintaining or demonstrating financial assurance after the certification of costs by the Environmental Protection Division of the Department of Natural Resources.
(5) "Local taxing authority" means a county, municipal, school district, or any other local governing authority levying ad valorem taxes on a taxpayer's property. If a taxpayer's property is taxed by more than one such authority, the term "local taxing authority" shall mean every levying authority.
(6) "Taxable base" means a value assigned to the brownfield property pursuant to the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2.
(7) "Tax savings" means the difference between the amount of taxes paid on the taxable base and the taxes that would otherwise be due on the current fair market value of the qualified brownfield property. Tax savings run with the qualified brownfield property regardless of title transfer and shall be available until the brownfield property is disqualified pursuant to subsection (e) below.
(b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.4) of Code Section 48-5-7, the applicant must receive the certifications required for brownfield property as defined in paragraph (1) of subsection (a) of this Code section.
(c) Upon receipt of said certifications, a property owner desiring classification of any such contaminated property as brownfield property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with, and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within 90 days after receiving the application and shall notify the applicant in the same manner that notices of
317 assessment are given pursuant to Code Section 48-5-306. Failure to timely make such determination or so notify the applicant pursuant to this subsection shall be deemed an approval of the application. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5- 311.
(d)(1) Property which has been classified by the county board of tax assessors as brownfield property shall be immediately eligible for the preferential assessment provided for in subsection (c.4) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The local taxing authority shall enter upon the tax digest as the basis or value of a parcel of brownfield property a value equal to the lesser of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time application for participation in the Hazardous Site Reuse and Redevelopment Program was submitted to the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the "Georgia Hazardous Site Reuse and Redevelopment Act," as amended. Property classified as brownfield property shall be recorded upon the tax digest as provided in this Code section for ten consecutive assessment years, or as extended pursuant to subsection (o) of this Code section, unless sooner disqualified pursuant to subsection (e) of this Code section, and the notation "brownfield property" shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The local taxing authority shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2. (e)(1) When property has once been classified and assessed as brownfield property, it shall remain so classified and be granted the preferential assessment until the property becomes disqualified by any one of the following:
(A) Written notice by the taxpayer to the local taxing authority to remove the preferential classification and assessment;
(B) Sale or transfer of ownership to a person not subject to property taxation or making the property exempt from property taxation except a sale or transfer to any authority created by or pursuant to the Constitution of Georgia, statute or local legislation, including a development authority created pursuant to Code Section 36-62-4, constitutional amendment or local legislation, a downtown development authority created pursuant to Code Section 36-42-4, an urban redevelopment agency created pursuant to Code Section 36-61-18, a joint development authority created pursuant to Code Section 36-62-5.1 or a housing authority created pursuant to Code Section 8-3-4;
(C) Revocation of a limitation of liability by the Department of Natural Resources. The Department of Natural Resources has the authority to revoke a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the "Georgia Hazardous Site Reuse and Redevelopment Act," as amended. The sale or
318 transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as brownfield property, except as specified in subparagraph (B) of this paragraph; or
(D) The later of the expiration of ten years during which the property was classified and assessed as brownfield property or the expiration of this preferential assessment period as extended pursuant to subsection (o) of this Code section; or
(E) The tax savings accrued on the property equal the eligible brownfield costs certified by the Environmental Protection Division of the Department of Natural Resources and submitted to the local taxing authority.
(2) Except as otherwise provided in this Code section, if a property becomes disqualified pursuant to subparagraph (C) of this subsection, the decertification shall be transmitted to the county board of tax assessors by the Environmental Protection Division of the Department of Natural Resources and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs. (f) After a qualified brownfield property begins to receive preferential tax treatment the property owner shall:
(1) In a sworn affidavit, report his or her tax savings realized for each year to the local taxing authority. Such report shall include:
(A) The number of years preferential tax treatment pursuant to this Code section has been received;
(B) Total certified eligible brownfield costs;
(C) Tax savings realized to date;
(D) Transfers of eligible brownfield costs, if any;
(E) Eligible brownfield costs remaining;
(2) In the tax year in which the taxes otherwise due on the fair market value of the property exceed any remaining eligible brownfield costs, the taxpayer shall pay the taxes due on the fair market value of the property less any remaining eligible brownfield costs.
(g) A qualified brownfield property may be transferred or leased and continue to receive preferential tax treatment if:
(1) The transferee or lessee of the property is an entity required to pay ad valorem property tax on the qualified brownfield property or an interest therein;
(2) The transferee or lessee complies with all of the requirements of this Code section;
(3) The transferee or lessee meets the requirements of Code Section 12-8-206;
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(4) The transferee or lessee continues any and all activities, if any are required, for the continuation of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the "Georgia Hazardous Site Reuse and Redevelopment Act," as amended;
(5) The transferee or lessee and the transferor notify the local taxing authority with respect to the transfer of the qualified brownfield property by filing a separate copy of the transfer with the local taxing authority no later than 90 days following the date of the transfer;
(6) Failure to timely notify one local taxing authority shall not affect any timely notification to any other local taxing authority; and
(7) The transfer of property shall not restart, reset or otherwise lengthen the period of preferential tax treatment pursuant to this Code section.
(h) A qualified brownfield property may be subdivided into smaller parcels and continue to receive preferential tax treatment if:
(1) All of the requirements of subsection (g) above are met; and
(2) The transferee and transferor agree and jointly submit to the local taxing authority a sworn affidavit stating the eligible brownfield costs being transferred to the subdivided property, to wit:
(A) A transferor's report to the local taxing authority shall include:
(i) The total certified eligible brownfield costs for the qualified brownfield property;
(ii) The tax savings realized to date;
(iii) The eligible brownfield costs being transferred;
(iv) The number of years of preferential tax treatment pursuant to this Code section has been received;
(v) The eligible brownfield costs remaining;
(vi) A request to establish the taxable base of the transferred property and reestablish the taxable base for the retained property pursuant to paragraph (3) below.
(B) Failure to file a sworn affidavit with one local taxing authority shall not affect any sworn affidavit submitted to any other local taxing authority.
(C) A transferee's first report to the local taxing authority shall include:
(i) A statement of the amount of the transferred eligible brownfield costs;
(ii) The number of years of preferential tax treatment the property received prior to transfer (carry over from transferor); and
(iii) A request to establish a taxable base for the property pursuant to paragraph (3) below.
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(D) Subsequent reports made by a transferee shall include the same information provided by property owners in paragraph (1) of subsection (f) of this Code section.
(3) The taxable base for the subdivided property shall be established by the local taxing authority based on the ratio of acres purchased to total acres at the time of the establishment of the taxable base for the entire qualified brownfield property. Said ratio shall be applied to the taxable base as recorded in the county tax digest at the time the application was received by the Environmental Protection Division for participation in the Hazardous Site Reuse and Redevelopment Program. The taxable base on the retained qualified brownfield property shall be decreased by the amount of taxable base assigned to the subdivided portion of the property.
(4) The subdivision of property shall not restart, reset, or otherwise lengthen the period of preferential tax treatment pursuant to this Code section.
(i) In the year in which preferential tax treatment ends, the taxpayer shall be liable for any and all ad valorem taxes due on the property for which a certified eligible brownfield cost is not claimed as an offset.
(j) The Environmental Protection Division of the Department of Natural Resources shall review the eligible costs submitted by the applicant/taxpayer and shall approve or deny those costs prior to those costs being submitted to the local tax authority. Eligible costs to be certified as accurate by the Environmental Protection Division shall be submitted by the applicant to the division at such time and in such form as is prescribed by the division. Eligible costs may be submitted for certification only once for each assessment or remediation undertaken pursuant to Article 9 of Chapter 8 of Title 12, the "Hazardous Sites Reuse and Redevelopment Act," as amended. The certification of costs shall be a decision of the director and may be appealed in accordance with subsection (c) of Code Section 12-2-2.
(k) The taxing authority shall provide an appropriate form or forms or space on an existing form or forms to implement this Code section.
(l) Taxpayers shall have the same rights to appeal from the determination of the taxable base and assessments and reassessments of qualified brownfield property as set out in Code Section 48-5-311.
(m) A penalty shall be imposed under this subsection if during the special classification period the taxpayer fails to abide by the corrective action plan. The penalty shall be applicable to the entire tract which is the subject of the special classification and shall be twice the difference between the total amount of tax paid pursuant to preferential assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the special classification period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the special classification is breached. n) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such preferential assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
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(o) (1) Notwithstanding anything to the contrary in subsections (a) through (n) of this Code section, a qualified brownfield property may be eligible for preferential assessment in accordance with the provisions of subsection (c.4) of Code Section 48-5-7 for a period not to exceed 15 years under the following circumstances:
(A) Construction of improvements on the property commenced but thereafter ceased for a period in excess of 180 days;
(B) After a delay in excess of 180 days, construction of improvements on the property resumed; and
(C) The owner of the qualified brownfield property submits a sworn certification to the county board of tax assessors stating the date on which construction first commenced, the date on which construction ceased, and the date on which construction resumed.
(2) Upon receipt of the certification required by subparagraph (C) of paragraph (1) of this subsection, the county board of tax assessors shall extend the period of preferential assessment for one year for each 365 days of construction inactivity for up to a maximum of five consecutive years. Under no circumstances shall the period of preferential assessment exceed 15 consecutive years.
48-5-7.7. Short title; definitions
(a) This Code section shall be known and may be cited as the "Georgia Forest Land Protection Act of 2008."
(b) As used in this Code section, the term:
(1) "Contiguous" means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track.
(2) "Forest land conservation use property" means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications:
(A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state;
(B) Such property excludes the entire value of any residence and its underlying land located on the property; as used in this subparagraph, the term 'underlying land' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying land of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to such a covenant, or is subject to a renewal of a previous conservation use covenant, on or after January 1, 2014;
(C) Such property has as its primary use the good faith subsistence or commercial production of trees,
322 timber, or other wood and wood fiber products from or on the land. Such primary use includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain. Such property may, in addition, have one or more of the following secondary uses:
(i) The promotion, preservation, or management of wildlife habitat;
(ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry;
(iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or
(iv) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water.
"Forest land conservation use property" may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the State Forestry Commission.
(3) "Qualified owner" means any individual or individuals or any entity registered to do business in this state.
(4) "Qualified property" means forest land conservation use property as defined in this subsection.
(5) "Qualifying purpose" means a use that meets the qualifications of subparagraph (C) of paragraph (2) of this subsection.
(c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment:
(1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant unless otherwise required under subsection (e) of this Code section;
(2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(2)(C) of this Code section. The following uses of real property shall not constitute using the property for another type of business:
A. The lease of hunting rights or the use of the property for hunting purposes;
B. The charging of admission for use of the property for fishing purposes;
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C. The production of pine straw or native grass seed;
D. The granting of easements solely for ingress and egress; and
E. Any type of business devoted to secondary uses listed under subparagraph (b)(2)(C) of this Code section; and
(3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property.
(d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors where the property is located shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years.
(e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts of land which are located in more than one county in which event the owner shall enter into a covenant with each county. In the event a single contiguous tract is required to have separate covenants under this subsection, the total acreage of that single contiguous tract shall be utilized for purposes of determining the 200 acre requirement of this Code section.
(f)(1)A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48- 5-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this paragraph.
(2) Any property that is subject to a covenant under this Code section and subsequently fails to adhere to the qualifying purpose, as defined in paragraph (5) of subsection (b) of this Code section, may be changed from the covenant under this Code section and placed under a covenant provided for in Code
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Section 48-5-7.4 if the property otherwise qualifies under the provisions of that Code section. In such a case, the existing covenant under this Code section shall be terminated, and the change shall not constitute a breach thereof. No property may be changed more than once under this paragraph.
(g) Except as otherwise provided in this Code section, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant or covenants, if applicable, remain in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant or covenants, if applicable.
(h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section.
(i)(1) If ownership of all or a part of a forest land conservation use property is acquired during a covenant period by another qualified owner, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event, no breach of the covenant shall be deemed to have occurred if the total size of a tract from which the transfer was made is reduced below 200 acres or the size of the tract transferred is less than 200 acres. Following the expiration of the original covenant, no new covenant shall be entered with respect to either tract unless such tract exceeds 200 acres. If a qualified owner has entered into an original forest land conservation use covenant and subsequently acquires additional qualified property contiguous to the property in the original covenant, the qualified owner may elect to enter the subsequently acquired qualified property into the original covenant for the remainder of the 15 year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 200 acres.
(2) If, following such transfer, a breach of the covenant occurs by the acquiring owner, the penalty and interest shall apply to the entire transferred tract and shall be paid by the acquiring owner who breached the covenant. In such case, the covenant shall terminate on such entire transferred tract but shall continue on such entire remaining tract from which the transfer was made and on which the breach did not occur for the remainder of the original covenant. (3) If, following such transfer, a breach of the covenant occurs by the transferring owner, the penalty and interest shall apply to the entire remaining tract from which the transfer was made and shall be paid by the transferring owner who breached the covenant. In such case, the covenant shall terminate on such entire remaining tract from which the transfer was made but shall continue on such entire transferred tract and on which the breach did not occur for the remainder of the original covenant.
(j)(1) For each taxable year beginning on or after January 1, 2014, all applications for conservation use assessment under this Code section, including any forest land covenant required under this Code section, shall be filed on or before the last day for filing ad valorem tax appeals of the annual notice of assessment except that in the case of property which is the subject of a tax appeal of the annual notice of assessment under Code Section 48-5-311, an application for forest land conservation use assessment may be filed at any time while such appeal is pending. An application for continuation of such forest land conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for forest land conservation use assessment under this Code section shall be filed with the county board of tax assessors in which the property is located who shall approve or deny the application. Such county board of tax assessors shall file a copy of the approved covenant in the office of the clerk of the superior court in the county in which the eligible property is
325 located. The clerk of the superior court shall file and index such covenant in the real property records maintained in the clerk's office. If the covenant is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such covenants shall be paid by the qualified owner of the eligible property with the application for forest land conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application or covenant by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311.
(k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311
(m) (1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached.
(2) Except as provided in subsection (i) of this Code section and paragraph (4) of this subsection, the penalty shall be applicable to the entire tract which is the subject of the covenant.
(3) The penalty shall be twice the difference between the total amount of the tax paid pursuant to the conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(4) If ownership of a portion of the land subject to the original covenant constituting at least 200 acres is transferred to another owner qualified to enter into an original forest land conservation use covenant in a bona fide arm's length transaction and breach subsequently occurs, then the penalty shall either be assessed against the entire remaining tract from which the transfer was made or the entire transferred tract, on whichever the breach occurred. The calculation of penalties in paragraph (2) of this subsection shall be used except that the penalty amount resulting from such calculation shall be multiplied by the
326 percentage which represents the acreage of such tract on which the breach occurs to the original covenant acreage. The resulting amount shall be the penalty amount owed by the owner of such tract of land on which the breach occurred.
(n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund.
(o) Penalties and interest imposed under this Code section shall constitute a lien against that portion of the property to which the penalty has been applied under subsection (m) of this Code section and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an individual qualified owner who was a party to the covenant.
(q) The following shall not constitute a breach of a covenant:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber;
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes;
(3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period;
(4) (A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph.
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(B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or
(5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value.
(r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt;
(B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and
(C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section;
(2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors or boards of assessors, if applicable, shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability;
(3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors or boards of assessors, if applicable; or
(4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become
328 effective until filed with the county board of tax assessors where the property is located.
(s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners.
(t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the State Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and the Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant.
(u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state.
(v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors where the property is located who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by such board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms.
(w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant.
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Public Utility Equalized Ratio
48-2-18. (For effective date, see note.) State Board of Equalization; duties (a) There is established a board composed of the commissioner, the state auditor, and the executive director of the State Properties Commission.
(b) The board created by this Code section shall be designated the State Board of Equalization. The chairman and administrative officer of the board shall be the commissioner. Each year, when the digest of assessments proposed by the commissioner is complete, the commissioner shall submit the digest to the State Board of Equalization which shall carefully examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state. If the board determines that the proposed assessed values of any one or more of the classes of taxpayers or property or the digest as a whole does not reasonably conform to the values set for other property throughout the state, it shall inquire as to the reason for the lack of conformity and shall adjust and equalize the same by either adding or subtracting a fixed percentage to the class of taxpayer, to the class of property, or to the digest as a whole, as the case may be.
(c) As chairman and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as he is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the proposed assessment of its property. At the same time, the commissioner shall notify in writing the board of tax assessors of such county, as outlined in Code Section 48-5-511, of the total proposed assessment of the property located within the county of taxpayers who are required to return their property to the commission. If any such taxpayer notifies the commissioner and the board of tax assessors in any such county of its intent to dispute a portion of the proposed assessment within 20 days after receipt of the notice, the county board of tax assessors shall include in the county digest only the undisputed amount of the assessment, and the taxpayer may challenge the commissioner's proposed assessment in an appeal filed in the Superior Court of Fulton County within 30 days of receipt of the notice. In any such appeal the taxpayer shall have the right of discovery as provided in Chapter 11 of Title 9, the "Georgia Civil Practice Act." Upon conclusion of the appeal, the taxpayer shall remit to the appropriate counties any additional taxes owed, with interest at the rate provided by law for judgments. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted.
(d) Within 30 days after receipt of the proposed digest of assessments, the county board of tax assessors shall make the final assessment of the property in question and provide notice to the taxpayer. Such notice and any appeal therefrom shall be accomplished as is provided by Code Sections 48-5-306 and 48-5-311. In the event of an appeal, the department shall, upon request of the local board of tax assessors and without any charge or cost therefor, provide the local board of tax assessors with any and all technical assistance available from the resources of the department, including without limitation expert testimony by the employees of the department.
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(e) (For effective date, see note.) Assessments made in accordance with subsection (d) of this Code section shall be added to the regular county digest at the time the digest is transmitted to the commissioner or at such time as the digest is otherwise required to be compiled. In the event that the commissioner has not provided to the board of tax assessors by August 1 of a tax year the notice of proposed assessments set forth in subsection (c) of this Code section for taxpayers who are required to return their property to the commissioner pursuant to Code Section 48-5-511, the tax commissioner or tax receiver of the county where such property is located may issue an interim tax bill to such taxpayers, owning property in the county in an amount equal to 85 percent of such taxpayer's property tax bill for the immediately preceding tax year or, in the event that such tax year is under appeal, the tax bill for the most recent tax year in which the taxes for such property were finally assessed. At such time as the county board of tax assessors adds the assessments for the tax year made in accordance with subsection (d) of this Code section to the regular county digest, the tax commissioner or tax receiver shall issue a corrected tax bill to each taxpayer who received an interim tax bill, such corrected tax bill to be in an amount based upon the assessed value of such taxpayer's property shown on the regular county digest and such taxpayer shall remit any additional taxes due or, in the event of overpayment, shall be entitled to a tax refund, in either case, without interest or penalty. Nothing in this subsection is intended to alter a taxpayer's right to appeal from either the commissioner's notice of proposed assessment or the county board of assessors' final assessment under the procedures set forth in subsections (c) and (d) of this Code section. The billing pursuant to this Code section shall not subject the tax commissioner or tax receiver of the county to the forfeiture provisions of Code Section 48-5-135.
(f) The notice and appeal procedures provided for in this Code section shall not apply to any decision of the board relating to the assessed value of motor vehicle property.
(g) The provisions of this Code section shall not apply with respect to appeals which are within the jurisdiction of the Ad Valorem Assessment Review Commission.
48-5-510. Definitions. As used in this article, the term:
(1) "Chief executive officer" means the owner, president, general manager, or agent having control of a public utility's offices or property in this state.
(2) "Pertinent business factors" means data that reflect the use of the public utility's property including, but not limited to, data relating to gross revenue, net income, tons of freight carried, revenue ton miles, passenger miles, car miles, and comparable data.
(3) "Pertinent mileage factors" means factual information as to the linear miles of the public utility's track, wire, lines, pipes, routes, similar operational routes, and miles traveled by the public utility's rolling stock or other property.
48-5-511. Returns of public utilities to commissioner; itemization and fair market value of property; other information; apportionment to more than one tax jurisdiction. (a) The chief executive officer of each public utility shall be required to make an annual tax return of all property located in this state to the commissioner. The return shall be made to the commissioner on or before March 1 in each year and shall be current as of January 1 preceding.
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(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its street address. If the commissioner is unable to locate the property by its street address after exercising due diligence in attempting to locate the property, then the commissioner may request more information from the taxpayer to help identify the exact location of the property. Such additional information may include a map or parcel identification information.
(c) (1) Each chief executive officer shall apportion, under rules and regulations promulgated by the commissioner, the fair market value of his public utility's properties to this state, if the public utility owns property in states other than this state, and between the several tax jurisdictions in this state.
(2) In promulgating the regulations specifying the method of apportionment, the commissioner shall consider:
(A) The location of the various classes of property;
(B) The gross or net investment in the property;
(C) Any other factor reflecting the public utility's investment in property;
(D) Pertinent business factors reflecting the utility of the property;
(E) Pertinent mileage factors; and
(F) Any other factors which in the commissioner's judgment are reasonably calculated to apportion fairly and equitably the property between the various tax jurisdictions.
(3) Any reasonable value directly attributable to property physically located in one jurisdiction in this state shall not be apportioned to any other jurisdiction in this state. 48-5-524.
48-5-524. Annual report by commissioner to each county board of tax assessors of all public utility property within county; contents; availability for public inspection. (a) At least once each year, the commissioner shall make a report to the board of tax assessors in each county as to the return of property located within the county for purposes of ad valorem taxation by each person required to make returns of the value of its properties and franchises to the commissioner under this article and Article 9 of this chapter. Each report shall be itemized by public utility and by parcel of real property or type of personal property returned and shall specify clearly the value returned by the utility for each parcel of real property or type of personal property together with any change as to value made by the commissioner, by the State Board of Equalization or, where appropriate, by both.
(b) A copy of each report made under this Code section shall be made reasonably available for public inspection at the office of the county board of tax assessors and at the office of the commissioner or at
332 such other reasonably accessible place within the headquarters building of the department as may be designated by the commissioner.
Manufactured Housing
48-5-490. Mobile homes owned on January 1 subject to ad valorem taxation. Every mobile home owned in this state on January 1 is subject to ad valorem taxation by the various taxing jurisdictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself.
560-11-9-.01 Purpose and Scope. (1) These regulations have been adopted by the Commissioner pursuant to O.C.G.A. Section 48-2-12 and O.C.G.A. Section 48-5-442 in order to provide specific policies and procedures of the Department applicable to the valuation and collection of ad valorem tax on mobile homes pursuant to Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated.
(2) The procedures prescribed by Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated and these rules and regulations for returning mobile homes for taxation, determining applicable rates for taxation, and collecting the ad valorem tax on mobile homes shall be exclusive of all other property.
(3) These regulations shall become effective January 1, 1998.
560-11-9-.02 Definitions. As used in these regulations, the term:
(1) Reserved.
(2) “Mobile home” means a manufactured home or relocatable home as defined in Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state and any mobile home held in inventory for sale by a dealer engaged in the business of selling mobile homes at wholesale or retail shall not be subject to these regulations.
560-11-9-.03 Return of Mobile Homes. (1) Every mobile home owned in this state on January 1 is subject to ad valorem taxation by the various taxing jurisdictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the mobile home, if known, and, if unknown, against the specific mobile home itself.
(2) On or before May 1 of each year, or at the time of the first sale or transfer before May 1, every owner of a mobile home shall return such mobile home for taxation and pay the taxes due on the mobile home in the county where the mobile home is situated on January 1.
(a) In those instances where a mobile home is primarily used in connection with an established business where there is a reasonable expectation that the mobile home will be moved about in such a manner that it will not be more or less permanently situated in a single county as of January 1, such mobile home shall be returned and the taxes due paid in the county where the business is located.
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(b) In those instances where a mobile home has been moved from the county where it was more or less permanently located on January 1, it shall nevertheless be returned and the taxes paid in such county, however, the owner may submit reasonable evidence of such tax payment to the tax commissioner of the county where the mobile home is now situated and that tax commissioner shall issue a mobile home location permit for such county.
(c) Where there has been a sale or transfer of a mobile home and the new owner seeks a mobile home location permit in a county other than that in which the previous owner was required to return the mobile home and pay the taxes due, the new owner, in the absence of satisfactory evidence obtained from the old owner that taxes have been paid, may request from the tax commissioner of such county a certificate indicating that all taxes outstanding have been paid. Upon receipt of the certificate from the new owner, the tax commissioner of the county where the mobile home is now situated shall issue the required mobile home location permit.
(d) Upon sale of a mobile home by a dealer after January 1, the dealer shall complete and provide to the purchaser Form PT-41. The purchaser shall submit Form PT-41 to the tax commissioner at the time the mobile home location permit is obtained. Upon receipt of Form PT-41, the tax commissioner shall collect any outstanding taxes from prior years that may be unpaid, and shall then issue the required mobile home location permit for the current year without payment of tax. The tax commissioner shall retain one copy of Form PT-41 and distribute a copy to the purchaser, the dealer, the board of tax assessors, and the Motor Vehicle Division.
560-11-9-.04 Issuance of Permits; Display of Decals. (1) Each year every owner of a mobile home subject to taxation under Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated shall on or before May 1 and at the time of returning such mobile home for taxation, pay all taxes due to the tax commissioner on such mobile home and obtain a mobile home location permit.
(2) The tax commissioner shall not issue such location permit until all outstanding taxes due on the mobile home, including delinquent taxes, interest and penalties, are paid.
(3) The tax commissioner shall give the taxpayer a decal as evidence of the payment of all outstanding taxes and the issuance of a mobile home location permit.
(a) The mobile home decal shall be in the color and form prescribed each year by the Commissioner and shall reflect the county of issuance and the calendar year for which the permit is issued.
(b) The mobile home decal shall be attached to the mobile home of the owner immediately after receiving it from the tax commissioner. The local governing authority may by local ordinance provide for a uniform manner of displaying such decal that facilitates the enforcement of this Regulation. In the absence of such an ordinance, the decal shall be prominently displayed on the mobile home in a manner that makes it clearly visible to appraisal officials that come on the premises to inspect the mobile home.
(4) Any person acquiring a mobile home after January 1 of each year shall obtain from the tax commissioner a mobile home location permit by May 1 or within 45 days of acquisition, whichever occurs later, upon satisfactory evidence that all outstanding taxes due on the mobile home, including delinquent taxes, interest and penalties, if any, have been paid.
(5) Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, by virtue of
334 its qualifying the owner for a homestead exemption or if acquired from a dealer after January 1, shall nevertheless obtain a mobile home decal from the tax commissioner by May 1, or within 45 days of acquisition, whichever occurs later. The decal shall be designed, attached and displayed as provided in this Regulation.
560-11-9-.05 Inspections and Citations. (1) It shall be the duty of the county property appraisal staff to annually inspect each mobile home located in the county to determine if the owner is properly displaying the decal evidencing the issuance of a mobile home location permit. The staff may schedule the inspections throughout the year or during any portion of the year as meets their annual workflow management needs.
(2) The property appraisal staff shall notify the owner, if known, or the occupant, if the owner is not known, of each mobile home for which a decal is not properly displayed, of the requirements of O.C.G.A. Section 48-5-492 and these regulations to secure and display such decal. The notice shall also describe the penalty under O.C.G.A. Section 485-493 and Regulation 560-11-9-.11 for failure to properly display such decal.
(3) The county governing authority may appoint an agent authorized under O.C.G.A. Section 15-10-63 to issue citations to owners failing to properly display mobile home decals. Such agent may be a member of the board of tax assessors, a member of the appraisal staff or some other designee suitable to the county governing authority. The county governing authority shall notify the county appraisal staff of the name of the authorized agent within 5 days of the agent’s appointment.
(4) Within 30 days after the end of each calendar quarter, or more frequently at the property appraisal staff’s discretion, the property appraisal staff shall forward to the tax commissioner and the authorized agent, if one has been appointed, a list of mobile homes discovered during the quarter, if any, that are not displaying the required mobile home decal. The list shall contain the information set forth in Regulation 560-11-9-.08(1) to enable these officials to locate and identify each mobile home thereon.
(5) The authorized agent, if one has been appointed, upon receipt of the list set forth in this Regulation, shall issue a citation to the owner of each mobile home for which a mobile home decal is not attached. If the authorized agent is a member of the board of tax assessors or the property appraisal staff, the notice required in Section 2 of this Regulation and the citation required in this Section may be issued to the owner simultaneously.
(6) Within 30 days of the date the citation is issued, but not earlier than 15 days from the date the citation is issued, the county shall impose the appropriate fines upon and prosecute the subject of the citation as provided in O.C.G.A. Section 48-5-493.
(7) Nothing in this Regulation shall prohibit or limit the county authorities from providing other methods for prosecution of an owner failing under O.C.G.A. Section 485-492 and these regulations to secure and display a mobile home decal.
48-5-492. Issuance of mobile home location permits; issuance and display of decals. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before April 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the
335 owner.
(b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before April 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner.
48-5-493. Failure to attach and display decal; penalties; venue for prosecution. (a) (1) It shall be unlawful to fail to attach and display on a mobile home the decal as required by Code Section 48-5-492.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $300.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $50.00; provided, however, that in the event such person owns more than one mobile home in an individual mobile home park, then the maximum fine under this paragraph for such person with respect to such mobile home park shall not exceed $1,000.00.
(b)(1) It shall be unlawful for any person to move or transport any mobile home which is required to and which does not have attached and displayed thereon the decal provided for in Code Section 48-5- 492.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200.00 nor more than $1,000.00 or by imprisonment for not more than 12 months, or both.
(c) Violation of subsection (a) or (b) of this Code section may be prosecuted in the magistrate court of the county where the mobile home location permit is to be issued in the manner prescribed for the enforcement of county ordinances set forth in Article 4 of Chapter 10 of Title 15.
48-5-494. Returns for taxation; application for and issuance of mobile home location permits upon payment of taxes due. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on April 1, whichever occurs first. If the owner returns such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, such owner shall apply for the permit at the time such owner returns the mobile home for taxation.
48-5-495. Collection procedure when taxing county differs from county of purchaser's residence. When a mobile home is purchased from a seller who is required to return the mobile home for ad valorem taxation in a county other than the purchaser's county of residence, the tax collector or tax commissioner of the county in which the mobile home is returned for taxation shall collect the required ad valorem taxes due and, at the request of the purchaser, shall transmit to the purchaser an
336 appropriate certificate which shall indicate that all ad valorem taxes due on the mobile home have been paid. Upon receipt of the certificate, the tax collector or tax commissioner of the purchaser's county of residence shall issue the required mobile home location permit and decal.
560-11-9-.06 Transporting Mobile Homes. (1) It shall be unlawful for any person to move or transport any mobile home which is required to and which does not have attached and displayed thereon the mobile home decal required by O.C.G.A. Section 48-5-492.
(2) Any person who violates Section 1 of this regulation shall be guilty of a misdemeanor and shall be prosecuted as provided in O.C.G.A. Section 48-5-493.
560-11-9-.07 Valuation Methods. (1) Beginning January 1, 1999 and effective for the tax year 1999 and each subsequent tax year, the fair market value of all mobile homes subject to taxation under Article 10 of Chapter 5 of Title 48 shall be determined by the county board of tax assessors in accordance with these regulations. For the tax year 1998, the tax commissioner shall continue to use the procedures as shown in the manual provided by the Commissioner to determine the fair market value of all mobile homes. (2) The valuation methods employed by the county board of tax assessors shall result in a fair market value, as fair market value is defined in O.C.G.A. Section 48-5-2, of each mobile home as of January 1 of the tax year for which the digest is being prepared. (3) The county board of tax assessors may use any combination of the following when arriving at the value for each mobile home, however, the approach used may not differ substantially from that employed to arrive at the value for a mobile home subject to tax under Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated. For any valuation guides that may be used, the board shall select those most likely to reflect the value of each mobile home as of January 1 and make any further adjustments deemed necessary to arrive at a January 1 valuation. (a) The appropriate periodic edition of the National Automobile Dealers Association’s Manufactured Housing Appraisal Guide; (b) The appropriate periodic edition of the Marshall & Swift Residential Valuation System; and (c) Any other valuation model using commonly accepted appraisal techniques including, but not limited to, quality classes, unit cost, observed obsolescence and value tables for structural additions. (4) Each mobile home shall be assessed at 40 percent of the fair market value determined in accordance with this Regulation. (5) Reserved.
560-11-9-.08 Mobile Home Digest. (1) On the tenth day of each month, a county’s tax commissioner shall report to the board of tax assessors a list of all mobile homes for which during the preceding month:
(a) Location permits were issued, and
(b) Returns for taxation were sent.
(2) The monthly reporting requirement may be changed by a signed written agreement between the tax commissioner and the board of tax assessors, but shall not be sent less than once per calendar year or later than December 1st.
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(a) The list sent by the county’s tax commissioner shall contain the following information regarding each mobile home:
(1) Manufacturer, model, and year;
(2) Serial number;
(3) Size;
(4) Owner’s name and address;
(5) Map and parcel number (if a map and parcel number has previously been assigned by the board of tax assessors);
(6) The mobile home’s physical location, street address, lot number, and park name (if applicable and known);
(7) Tax district; and
(8) Assessment (if set by the board of tax assessors).
(3) On or before January 5th of each year, and before the county’s digest is submitted to the tax commissioner, a county’s board of tax assessors shall meet to receive and inspect the tax returns and location permits for the county’s mobile homes that have been reported to the tax commissioner during the preceding twelve months.
(a) If any mobile homes have not been reported or returned to the tax commissioner by January 5th of each year, then the county board of tax assessors shall have the authority to add those mobile homes to the county’s digest.
(4) For each mobile home listed in a county’s digest, the county’s board of tax assessors shall develop a valuation which, in the board’s judgment, best represents the fair market value that the mobile home will have as of January 1 of the tax year for which the digest is being prepared.
(a) This valuation shall include any improvements to the mobile home and shall reflect any changes to the value of the mobile home resulting from market changes or physical depreciation as of January 1 of the tax year for which the digest is being prepared.
(5) On or before January 5th of each year, a county’s board of tax assessors shall return to the tax commissioner the mobile home digest with the proposed assessments. (6) The total assessed value of the mobile home digest shall be added to the county’s consolidated summary at the time the county’s official digest is transmitted to the Revenue Commissioner, or at such other time as the digest is required to be compiled.
(a) The assessed value on the mobile home digest shall be used by the tax commissioner for the purpose of calculating tax bills.
(7) Effective January 1, 1999, when a mobile home is returned for taxation after the mobile home digest
338 has been delivered by the board of tax assessors to the county’s tax commissioner, the county’s tax commissioner shall, within 10 days of receipt of the return, forward it to the county’s board of tax assessors. Within 10 days of receiving the return, the county’s board of tax assessors shall assess the mobile home’s fair market value and notify the county’s tax commissioner of the assessment.
(a) The tax commissioner shall then bill the owner pursuant to Regulation 560-11-9-.10.
(b) The owner of the mobile home shall be afforded an opportunity to appeal and receive a temporary bill pursuant to Regulation 560-11-9-.09.
(c) Such returns shall be designated “Not On Digest” by the tax commissioner and accounted for as such in their official accounts.
560-11-9-.09 Appeals. (1) A mobile home owner who disagrees with the county board of tax assessor’s assessment of their mobile home(s) on the ad valorem property tax bill may challenge such assessment by either electing to:
(a) Appeal the assessed value of the mobile home in the same manner as other ad valorem tax assessment appeals are made and decided pursuant to O.C.G.A. Section 48-5-311 as follows:
1. Filing a notice of appeal with the county’s board of tax assessors within 45 days of date printed on the ad valorem property tax bill, or by May 1st, which ever occurs later.
2. After an appeal has been filed, the county’s board of tax assessors shall notify the county’s tax commissioner within 10 days of said appeal. A temporary tax bill, like those in O.C.G.A. § 48-5-311 (E)(6)(d)(iii)(I), shall be issued for every mobile home which is on appeal. A mobile home owner shall pay their temporary tax bill by May 1, if the appeal is not yet resolved, or upon receipt, if temporary tax bill is issued after May 1. Upon payment of temporary tax bill, the county’s tax commissioner shall issue a mobile home location permit. Nothing in this Regulation shall prevent the county’s tax commissioner from assessing penalties and interest against a mobile home owner who receives a temporary tax bill after May 1 because said owner failed to return their mobile home by May 1.
3. Once there is a determination regarding the appeal, the county’s board of tax assessors shall, within 10 days, notify the county’s tax commissioner of the final assessment established by such appeal. If necessary, the county’s tax commissioner shall then, within 10 days, bill the taxpayer for any additional ad valorem property taxes due or issue a refund, if there has been an overpayment of taxes.
(b) Secure a location permit for the year in question by filing with the county’s tax commissioner an affidavit of illegality and by filing either 1) a surety bond issued by a State authorized surety company or 2) a bond approved by the clerk of superior court of the county or 3) a cash bond, pursuant to O.C.G.A. Section 48-5-450.
(2) If the owner of a mobile home, subsequent to paying the tax without having filed an appeal or affidavit of illegality, believes that the tax has been illegally or erroneously assessed and collected, then the owner may file with the county governing authority a request for a refund. Such request may be filed within three years of the date of payment of the tax under the provisions of O.C.G.A. § 48-5-380.
(a) Only errors of fact or law which have resulted in erroneous or illegal taxation shall be considered. A
339 mobile home owner’s claim based on mere dissatisfaction with an assessment shall not constitute that the assessment was erroneous or illegal within the meaning of O.C.G.A. § 48-5- 380.
560-11-9-.10 Collection of Tax. (1) It shall be the duty of the tax commissioner to issue tax bills using form PT-40 to each owner of a mobile home appearing on the mobile home digest on or after January 1 of each calendar year, but not later than February 1. (2) Reserved. (3) Ad valorem taxes imposed on mobile homes shall be based on the assessments as determined from the procedures shown in the manual provided by the Commissioner for the tax year 1998 and as determined by the board of tax assessors pursuant to Regulation 560-11-9-.07 for tax year 1999 and thereafter, and the mill rate levied by the taxing authority on tangible property for the previous calendar year. (4) The tax commissioner shall collect all ad valorem taxes imposed on mobile homes irrespective of the tax authority levying the taxes. No other official shall be authorized to collect such taxes. (5) The tax commissioner collecting the ad valorem taxes on mobile homes shall remit to the tax authority imposing the tax such sums as have been collected, less the commissions, on or before the fifteenth day of the month following the month of collection, or on a more frequent basis at the tax commissioner’s election. (6) The tax commissioner shall withhold from each taxing authority commissions on all net ad valorem tax collections made for the jurisdiction on mobile homes during any calendar year. Such commissions shall be withheld as prescribed in O.C.G.A. Section 485- 447 and, along with any fees collected, shall be retained by the tax commissioner or disposed of in accordance with those general laws and local Acts specifically providing for the disposition of such fees and commissions.
560-11-9-.11 Penalties. (1) Every owner of a mobile home subject to these regulations, in addition to the ad valorem tax due on the mobile home, shall be liable for a penalty of 10 percent of the tax due or $5, whichever is greater, for their failure to make the return or pay the tax by May 1 of each year. (2) Reserved. (3) Every owner of a mobile home located in a county on January 1 and subject to these regulations, in addition to the ad valorem tax due on the mobile home, if applicable, and the penalty, if applicable, for failure to make the return or pay the tax by May 1 of each year, shall be guilty of a misdemeanor if they fail to secure, attach and display on a mobile home the decal that is required by Regulation 560-11-9- .04. Upon conviction thereof, the owner shall be punished by a fine of not less than $25.00 nor more than $200.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00. The county governing authority may, by local ordinance, provide for penalties for owners who locate a mobile home in the county after January 1 and fail to secure, attach and display on a mobile home the decal that is required by Regulation 560-11-9-.04. (4) Any person who moves or transports a mobile home which is required to and which does not have attached and displayed thereon the decal required by Regulation 560-11-9.04 shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200.00 nor more than $1,000.00 or by imprisonment for not more than 12 months, or both. (5) The tax commissioner may issue executions for nonpayment of mobile home taxes in the manner prescribed in O.C.G.A. Section 48- 3-3. The collection of such executions shall follow the procedures prescribed in Chapter 3 of Title 48 of the Official Code of Georgia Annotated. Such executions shall bear interest at the rate prescribed by O.C.G.A. Section 48-2-40 once issued.
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560-11-9-.12 Notice of Right to Appeal Mobile Home Valuation. Any proposed assessment or ad valorem property tax bill sent to an owner of a mobile home(s), by a county’s board of tax assessor, shall contain the following sentence in bold:
“If you feel that your mobile home’s value is too high for ad valorem taxation purposes, you should file an appeal or tax return with County Board of Tax Assessors for an opportunity to have your mobile home’s value reduced.”
Personal Property
48-5-268(b)(2): Training courses for new appraisers; continuing education for experienced appraisers; member of county appraisal staff to appraise tangible personal property. (2) In all counties except Class I counties, the chief appraiser shall designate at least one person on the county appraisal staff to be responsible for the appraisal of tangible personal property. Any person or persons so designated shall be required to attend the standard approved training courses operated by the department in accordance with this subsection as part of their duties specified in subsection (b) of Code Section 48-5-263.
48-5-16. Return of tangible personal property in county where business conducted; exemptions; boats; aircraft. (a) Any person who conducts a business enterprise upon real property, which is not taxable in the county in which the person resides or in which the person's office is located, shall return for taxation the tangible personal property of the business enterprise to the tax commissioner or tax receiver of the county in which is taxable the real property upon which the business enterprise is located or conducted.
(b) When the agent in this state of any person who is a resident of another state has on hand and for sale, storage, or otherwise merchandise or other tangible property, he shall return the property for taxation as provided in Code Section 48-5-12.
(c) This Code section shall not apply to public utilities and other companies required to make returns of their properties and franchises to the commissioner under Articles 9, 11, and 12 of this chapter.
(d) (1) As used in this subsection, the term:
(A) "Boat" means every description of watercraft used or capable of being used as a means of transportation on the water.
(B) "Functionally located" means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may, but shall not be required to be, consecutive.
(2) Any person who owns tangible personal property in the form of a boat which is functionally located for recreational or convenience purposes in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such property is functionally located. Tangible personal property of a person which does not meet the 184 days or more requirement provided for in
341 this subsection shall be returned for taxation in the manner provided for in Code Section 48-5-11.
(e) (1) As used in this subsection, the term:
(A) "Aircraft" means any contrivance used or designed for navigation through the air; provided, however, that such term does not include commercial airliners.
(B) "Primary home base" means an airport where an aircraft is principally hangared or tied down and out of which its flights normally originate.
(2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11.
48-5-41.2. Exemption from taxation of personal property in inventory for business All tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation.
48-5-42. Exempt personalty. All personal clothing and effects, household furniture, furnishings, equipment, appliances, and other personal property used within the home, if not held for sale, rental, or other commercial use, shall be exempt from all ad valorem taxation. All tools and implements of trade of manual laborers shall be exempt from all ad valorem taxation in an amount not to exceed $2,500.00 in actual value and all domestic animals shall be exempt from all ad valorem taxation in an amount not to exceed $300.00 in actual value.
48-5-42.1. Personal property tax exemption for property valued at $7,500.00 or less. (a) It is the intent of this Code section to exempt from the payment of ad valorem taxation certain tangible personal property on which the tax due does not exceed the reasonable cost of administering and collecting the tax.
(b) All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer within the county, as determined by the board of tax assessors, does not exceed $7,500.00.
48-5-48.1. Tangible personal property inventory exemption; application; failure to file application as waiver of exemption; denials; notice of renewals (a) Any person, firm, or corporation seeking a level 1 freeport exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and schedule of property with the county board of tax assessors on forms
342 furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes the books for the return of taxes.
(b) The application for the level 1 freeport exemption shall provide for:
(1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia;
(2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; and
(3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption.
(c) (1) For purposes of this subsection, the term "file properly" shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section.
(2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows:
(A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and
(B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year.
(d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the
343 application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued.
(e) If the level 1 freeport exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year.
48-5-48.2. Level 1 freeport exemption; referendum (a) This Code section shall be known and may be cited as the "Level 1 Freeport Exemption."
(b) As used in this Code section, the term:
(1) "Destined for shipment to a final destination outside this state" means, for purposes of a level 1 freeport exemption, that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final destination outside this state. It is not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption.
(2) "Finished goods" means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise of every character and kind but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer.
(3) "Foreign merchandise in transit" means, for purposes of a level 1 freeport exemption, any goods which are in international commerce where the title has passed to a foreign purchaser and the goods are temporarily stored in this state while awaiting shipment overseas.
(4) "Raw materials" means, for purposes of a level 1 freeport exemption, any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources.
(5) "Stock in trade of a retailer" means, for purposes of a level 1 freeport exemption, finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a
344 historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes.
(c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, all or any combination of the following types of tangible personal property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, the cleaning, drying, pest control treatment, or segregation by grade of grain, peanuts or other oil seeds, or cotton shall constitute substantial modification in the course of processing or production operations. For purposes of this paragraph, remanufacture of aircraft engines or aircraft engine parts or components shall constitute manufacturing operations in this state. Remanufacture of aircraft engines or aircraft engine parts or components means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components;
(2) Inventory of finished goods manufactured or produced within this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; or
(3) Inventory of finished goods which, on January 1, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state, including foreign merchandise in transit. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such property for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state.
(d) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined in this Code section which are being proposed to be exempted from taxation. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540.
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(e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code section, within the discretion of such governing authority.
(f) (1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year.
(2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.
(g) Level 1 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 2 freeport exemptions under Code Section 48-5-48.6.
(h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section.
48-5-48.5. Level 2 freeport exemption; application; filing; renewal (a) Any person, firm, or corporation seeking a level 2 freeport exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia and Code Section 48-5-48.6 shall file a written application and schedule of property with the county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes the books for the return of taxes.
(b) The application for the level 2 freeport exemption shall provide for a schedule of the inventory of finished goods held by one in the business of making sales of such goods in this state.
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(c) (1) For purposes of this subsection, the term "file properly" shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section.
(2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows:
(A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and
(B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year.
(d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed, and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued.
(e) If the level 2 freeport exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year.
48-5-48.6. Level 2 freeport exemption; referendum (a) This Code section shall be known and may be cited as the "Level 2 Freeport Exemption."
(b) As used in this Code section, the term "finished goods" means, for purposes of a level 2 freeport exemption, goods, wares, and merchandise of every character and kind constituting a business's inventory which would not otherwise qualify for a level 1 freeport exemption.
(c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, inventory of finished goods.
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(d) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify retail business inventory as the types of property as defined in this Code section which are being proposed to be exempted from taxation. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540.
(e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent, or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code section, within the discretion of such governing authority.
(f) (1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year.
(2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.
(g) Level 2 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 1 freeport exemptions under Code Section 48-5-48.2.
(h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section.
348 560-11-10-.08(c)(1) Freeport exemptions. 1. Mailing applications. The appraisal staff shall, by U. S. mail, send a new freeport exemption application to any person, firm or corporation that was approved for freeport exemption by the board of tax assessors for the tax year proceeding the tax year for which the application is to be made. The application provided by the appraisal staff shall be deposited with the local post office no later than the 15th day after the official who is responsible for receiving returns has opened the books for returns. The failure of the appraisal staff to comply with this requirement shall not relieve a person, firm or corporation from the responsibility to timely file a freeport application.
Penalty
48-5-20(b)(1)&(2) penalty: (b) Any penalty prescribed by this title or by any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to the property: (1) Which the taxpayer did not return prior to the expiration of the time for making returns; and (2) Which the taxpayer has acquired since his last tax return or which represents improvements on existing property since his last return.
48-5-299(2)(B) penalty: (B) In all cases in which unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year.
Audits 560-11-10-.08 (4) Verification The appraisal staff shall review and audit the returns in accordance with policies and procedures set by the county board of tax assessors consistent with Georgia law and this Rule.
(a) Omissions and undervaluations. If not otherwise prohibited by law or this Rule, the appraisal staff shall recommend an additional assessment to the board of tax assessors when any review or audit reveals that a property owner has omitted from their return any property that should be returned or has failed to return any of their property at its fair market value. The appraisal staff shall recommend a reduced assessment to the board of tax assessors when any review or audit reveals that a property owner has overstated the amount of personal property subject to taxation.
(b) Reassessments. The appraisal staff shall recommend to the board of tax assessors a new assessment when the property owner has omitted personal property from their return or failed to return personal property at its fair market value, when such omission or undervaluation has been discovered by an audit conducted pursuant to Rule 560-11-10-.08(4)(d). The appraisal staff shall not be precluded from conducting such an audit merely because a change of assessment has been made on the personal property as a result of a review conducted pursuant to Rule 560-11-10.08(4)(c). However, the appraisal staff may not recommend to the board of tax assessors a reassessment of the same personal property for which an audit has been conducted pursuant to Rule 560-11-10-.08(4)(d) and a final assessment has already been made by the board.
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(c) Review. The purpose of a review is to determine if a property owner has correctly and fully completed their return and reporting schedules. It is based upon the good-faith disclosures of the property owner and information that is readily ascertainable by the appraisal staff. The review of an owner's return may consist of, but is not limited to, an analysis of any improper omissions or inclusions, improperly applied or omitted depreciation, and improperly applied or omitted inflation or deflation of the value of the owner's property. The examination should include a comparison of the current return information with return information from prior years. The appraiser should contact the owner or their agent by an on-site visit, telephone call, or written correspondence to attempt to resolve any questionable items. Returns with unresolved discrepancies, unexpected values, or incomplete information should be escalated to an audit.
(d) Audits. The purpose of an audit is to gather information that will allow the appraiser to make an accurate determination of the fair market value of the property owned by the property owner and subject to taxation. An audit is an examination of the records of the property owner to make an independent determination of the fair market value of such property where such determination does not solely depend upon the good-faith disclosures of the property owner and information that is readily ascertainable by the appraisal staff. The appraisal staff shall perform, consistent with Georgia Law and policies that are established by the board of tax assessors, audits of the records of the property owners to verify the returns of personal property. These audits may take place at any time within the seven-year statute of limitations, which begins on the date the personal property was required by law to be returned.
1. Scope of audit. The audit may be an advanced desk audit of certain additional property owner records that are voluntarily submitted or obtained by subpoena from the property owner or a complex on-site detailed audit of the property owner's books and records combined with a physical inspection of the personal property. The documents the appraisal staff should secure include, but are not limited to, schedules A, B, and C of form PT-50P; a balance sheet or other type of financial record that for a particular location reflects the business' book value as of January 1 of the tax year being audited; a ledger of capitalized personal property items held on January 1 of the tax year being audited; and an income statement.
(e) Audit selection criteria. The appraisal staff shall recommend to the board of tax assessors a review and audit selection criteria, and the appraisal staff shall follow such criteria when adopted by the board. The criteria should be designed to maximize the number of personal property returns that may be reviewed or audited with existing resources. The criteria should be fair, unbiased, and developed consistent with the requirements of Code section 48-5-299. All personal property accounts should be reviewed or audited at least once every three years.
Audit Select Criteria Example Personal Property Audit and Verification The BOA has formally adopted as required by the APM 560-11- 10(.08) (4) (d), (d) (1) and (4) (e).
V. Contracting for Audits
Because of staff time and expertise limitations, all Freeport exemptions and those personal property accounts greater than $50,000 will be audited by firms that have been selected as a qualified vendor by the Georgia Department of Revenue.
The Board of Assessors will issue a Request for Proposals (RFP) to all qualified firms, make a selection
350 using a point system to rank the proposals, and issue a one year contract to the selected firm with an option for annual renewals for four years. The contract must be rebid at the end of five years.
V.01 Audit Selection Criteria
The Board of Assessors, consistent with Georgia law*, shall audit all personal property returns in Dawson County over the course of a three year time period. The Criteria for account selection will be fair, unbiased, random and consistent with the requirements of O.C.G.A 48-5-299**.
The selection process will occur as follows:
All accounts will be ranked in size according to their Fair Market Value to include seven categories -
- Class 1 Under $7,501 (Exempt)
- Class 2 $7501-$50,000
- Class 3 $50.001-$250,000
- Class 4 $250,001-$1,000,000
- Class 5 $1,000,001-$5,000,000
- Class 6 $5,000,001-$50,000,000
- Class 7 Over $50,000,000
One third of each category will be audited each year of the three year program
The first account and every third account thereafter will be selected for review until the number of audits has been performed for each year of the program.
Class 1 accounts will be exempt for the selection criteria, but will be reviewed at least once every three years.
All accounts that fail to file a return shall be audited each year.
All accounts with excessive decreases will be audited as deemed necessary by the chief appraiser with approval from the board of assessors.
All accounts with disposals reported but not detailed will be audited as deemed necessary by the chief appraiser with approval from the board of assessors.
The list from which selections are made shall be made available for inspection upon request.
This policy shall not be so restrictive as to prevent any account from being audited as the need should arise, due to unforeseen circumstances. If additional audits outside the scope of this policy should arise, they shall be presented to the board of assessors for approval prior to review.
*APM: Audit Selection Criteria [section 560-11-10.08(4)(e)]- The appraisal staff shall recommend to the board of tax assessors a review and selection criteria, and the appraisal staff shall follow such criteria when adopted by the board. The criteria should be designed to maximize the number of personal
351 property tax returns that may be reviewed or audited with existing resources. The Criteria should be fair, unbiased, and developed consistent with the requirements of O.C.G.A 48-5-299. All personal property accounts should be reviewed or audited at least once every three years.
**O.C.G.A. 48-5-299(a)-It shall be the duty of the county board of tax assessors to investigate diligently and to inquire into the property owned in the county for the purpose of ascertaining what real and personal property is subject to taxation in the county and to require the proper return of property for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due the state or the county have not been paid in full as required by law.
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