Bill Text For HJR1020 - Introduced

 1|                          STATE OF OKLAHOMA                            |
  |                                                                       |
 2|             1st Session of the 59th Legislature (2023)                |
  |                                                                       |
 3|HOUSE JOINT                                                            |
  |RESOLUTION 1020                      By: Williams                      |
 4|                                                                       |
  |                                                                       |
 5|                                                                       |
  |                                                                       |
 6|                            AS INTRODUCED                              |
  |                                                                       |
 7|       A Joint Resolution directing the Secretary of State             |
  |       to refer to the people for their approval or                    |
 8|       rejection a proposed amendment to Section 8C of                 |
  |       Article X of the Constitution of the State of                   |
 9|       Oklahoma; eliminating income threshold; providing               |
  |       ballot title; and directing filing.                             |
10|                                                                       |
  |                                                                       |
11|                                                                       |
  |                                                                       |
12|BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE   |
  |                                                                       |
13|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:                          |
  |                                                                       |
14|    SECTION 1.  The Secretary of State shall refer to the people for   |
  |                                                                       |
15|their approval or rejection, as and in the manner provided by law,     |
  |                                                                       |
16|the following proposed amendment to Section 8C of Article X of the     |
  |                                                                       |
17|Constitution of the State of Oklahoma to read as follows:              |
  |                                                                       |
18|    Section 8C  A.  Despite any provision to the contrary, beginning   |
  |                                                                       |
19|January 1, 2005 2025, the fair cash value, as determined by law, on    |
  |                                                                       |
20|each homestead of an individual head of household whose gross          |
  |                                                                       |
21|household income from all sources for the preceding calendar year      |
  |                                                                       |
22|did not exceed an amount as provided in subsection B of this           |
  |                                                                       |
23|section, and which individual head of household who is sixty-five      |
  |                                                                       |
24|(65) years of age or older, shall not exceed the fair cash value       |
  |                                                                       |
   Req. No. 5101                                                   Page 1
___________________________________________________________________________

 1|placed upon the property during the first year in which the            |
  |                                                                       |
 2|individual head of household was sixty-five (65) years of age or       |
  |                                                                       |
 3|older and had gross household income from all sources which did not    |
  |                                                                       |
 4|exceed an amount as provided in subsection B of this section.          |
  |                                                                       |
 5|Subject to the limitations of this section, the fair cash value        |
  |                                                                       |
 6|shall not exceed such amount as long as the individual head of         |
  |                                                                       |
 7|household who is sixty-five (65) years of age or older owns and        |
  |                                                                       |
 8|occupies the property and as long as the gross household income from   |
  |                                                                       |
 9|all sources does not exceed an amount as provided in subsection B of   |
  |                                                                       |
10|this section.  If any improvements are made to the property, the       |
  |                                                                       |
11|fair cash value of the improvements shall be assessed in accordance    |
  |                                                                       |
12|with law by the county assessor and added to the assessed value of     |
  |                                                                       |
13|the property.  Once the fair cash value of the improvements has been   |
  |                                                                       |
14|added to the fair cash value of the property, the total fair cash      |
  |                                                                       |
15|value shall not exceed the revised valuation of the property so long   |
  |                                                                       |
16|as the individual head of household who is sixty-five (65) years of    |
  |                                                                       |
17|age or older owns and occupies the property and so long as the gross   |
  |                                                                       |
18|household income from all sources does not exceed an amount as         |
  |                                                                       |
19|provided in subsection B of this section.  For any individual head     |
  |                                                                       |
20|of household who is sixty-five (65) years of age or older prior to     |
  |                                                                       |
21|January 1, 1997, and has gross household income from all sources of    |
  |                                                                       |
22|Twenty-five Thousand Dollars ($25,000.00) or less in calendar year     |
  |                                                                       |
23|1996, the fair cash value of the real property shall be the fair       |
  |                                                                       |
24|cash value placed upon the property on January 1, 1997.  If the        |
  |                                                                       |
   Req. No. 5101                                                   Page 2
___________________________________________________________________________

 1|individual head of household ceases to own and occupy the property     |
  |                                                                       |
 2|or if the gross household income from all sources exceeds an amount    |
  |                                                                       |
 3|as provided in subsection B of this section, the fair cash value of    |
  |                                                                       |
 4|the property shall be determined as if the provisions of Section 8     |
  |                                                                       |
 5|of Article X of the Constitution of the State of Oklahoma or any       |
  |                                                                       |
 6|other provisions relating to a limitation on the fair cash value of    |
  |                                                                       |
 7|locally assessed real property had been in effect during the time      |
  |                                                                       |
 8|the property was valued pursuant to the provisions of this section.    |
  |                                                                       |
 9|    B.  The income threshold for the gross household income from all   |
  |                                                                       |
10|sources for an individual head of household under this section shall   |
  |                                                                       |
11|not exceed the amount determined by the United States Department of    |
  |                                                                       |
12|Housing and Urban Development to be the estimated median income for    |
  |                                                                       |
13|the preceding year for the county or metropolitan statistical area     |
  |                                                                       |
14|which includes such county.  The Oklahoma Tax Commission shall         |
  |                                                                       |
15|provide such information to each county assessor each year as soon     |
  |                                                                       |
16|as such information becomes available.                                 |
  |                                                                       |
17|    SECTION 2.  The Ballot Title for the proposed Constitutional       |
  |                                                                       |
18|amendment as set forth in SECTION 1 of this resolution shall be in     |
  |                                                                       |
19|the following form:                                                    |
  |                                                                       |
20|                            BALLOT TITLE                               |
  |                                                                       |
21|Legislative Referendum No. ____           State Question No. ____      |
  |                                                                       |
22|THE GIST OF THE PROPOSITION IS AS FOLLOWS:                             |
  |                                                                       |
23|    This measure amends the Oklahoma Constitution.  It amends          |
  |                                                                       |
24|    Section 8C of Article 10.  This section limits the fair cash       |
  |                                                                       |
   Req. No. 5101                                                   Page 3
___________________________________________________________________________

 1|    value of a homestead for individual head of households who are     |
  |                                                                       |
 2|    sixty-five (65) years of age or older to not exceed the fair       |
  |                                                                       |
 3|    cash value placed upon the property during the first year in       |
  |                                                                       |
 4|    which the individual head of household was sixty-five (65) years   |
  |                                                                       |
 5|    of age or older.  Currently, this section only applies if the      |
  |                                                                       |
 6|    individual head of household meets the age requirement and an      |
  |                                                                       |
 7|    income limit determined by the United States Department of         |
  |                                                                       |
 8|    Housing and Urban Development to be the estimated median income    |
  |                                                                       |
 9|    for the preceding year for the county or metropolitan              |
  |                                                                       |
10|    statistical area which includes such county.  This measure would   |
  |                                                                       |
11|    eliminate the income limit requirement.  If this measure passes,   |
  |                                                                       |
12|    this section will apply if the individual head of household is     |
  |                                                                       |
13|    sixty-five (65) years of age or older.                             |
  |                                                                       |
14|    SHALL THE PROPOSAL BE APPROVED?                                    |
  |                                                                       |
15|    FOR THE PROPOSAL  YES          _____________                       |
  |                                                                       |
16|    AGAINST THE PROPOSAL  NO       _____________                       |
  |                                                                       |
17|    SECTION 3.  The Chief Clerk of the House of Representatives,       |
  |                                                                       |
18|immediately after the passage of this resolution, shall prepare and    |
  |                                                                       |
19|file one copy thereof, including the Ballot Title set forth in         |
  |                                                                       |
20|SECTION 2 hereof, with the Secretary of State and one copy with the    |
  |                                                                       |
21|Attorney General.                                                      |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|    59-1-5101      AQH    10/19/22                                     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 5101                                                   Page 4
© 2010-24 Quorum Call, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of Quorum Call, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of Quorum Call website and the services and materials provided by Quorum Call are set forth in the Quorum Call Subscriber Agreement posted on the Quorum Call website.