Bill Text For HJR1025 - Introduced

 1|                          STATE OF OKLAHOMA                            |
  |                                                                       |
 2|             1st Session of the 59th Legislature (2023)                |
  |                                                                       |
 3|HOUSE JOINT                                                            |
  |RESOLUTION 1025                      By: Wolfley                       |
 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; modifying provisions related to maximum               |
  |       income amount for purposes of fair cash value                   |
10|       determinations for certain homestead properties;                |
  |       providing ballot title; and directing filing.                   |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE   |
  |                                                                       |
16|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:                          |
  |                                                                       |
17|    SECTION 1.  The Secretary of State shall refer to the people for   |
  |                                                                       |
18|their approval or rejection, as and in the manner provided by law,     |
  |                                                                       |
19|the following proposed amendment to Section 8C of Article X of the     |
  |                                                                       |
20|Constitution of the State of Oklahoma to read as follows:              |
  |                                                                       |
21|    Section 8C.  A.  Despite any provision to the contrary,            |
  |                                                                       |
22|beginning January 1, 2005, the fair cash value, as determined by       |
  |                                                                       |
23|law, on each homestead of an individual head of household whose        |
  |                                                                       |
24|gross household income from all sources for the preceding calendar     |
  |                                                                       |
   Req. No. 6547                                                   Page 1
___________________________________________________________________________

 1|year did not exceed an amount as provided in subsection B of this      |
  |                                                                       |
 2|section, and which individual head of household is sixty-five (65)     |
  |                                                                       |
 3|years of age or older, shall not exceed the fair cash value placed     |
  |                                                                       |
 4|upon the property during the first year in which the individual head   |
  |                                                                       |
 5|of household was sixty-five (65) years of age or older and had gross   |
  |                                                                       |
 6|household income from all sources which did not exceed an amount as    |
  |                                                                       |
 7|provided in subsection B of this section.  Subject to the              |
  |                                                                       |
 8|limitations of this section, the fair cash value shall not exceed      |
  |                                                                       |
 9|such amount as long as the individual head of household who is         |
  |                                                                       |
10|sixty-five (65) years of age or older owns and occupies the property   |
  |                                                                       |
11|and as long as the gross household income from all sources does not    |
  |                                                                       |
12|exceed an amount as provided in subsection B of this section.  If      |
  |                                                                       |
13|any improvements are made to the property, the fair cash value of      |
  |                                                                       |
14|the improvements shall be assessed in accordance with law by the       |
  |                                                                       |
15|county assessor and added to the assessed value of the property.       |
  |                                                                       |
16|Once the fair cash value of the improvements has been added to the     |
  |                                                                       |
17|fair cash value of the property, the total fair cash value shall not   |
  |                                                                       |
18|exceed the revised valuation of the property so long as the            |
  |                                                                       |
19|individual head of household who is sixty-five (65) years of age or    |
  |                                                                       |
20|older owns and occupies the property and so long as the gross          |
  |                                                                       |
21|household income from all sources does not exceed an amount as         |
  |                                                                       |
22|provided in subsection B of this section.  For any individual head     |
  |                                                                       |
23|of household who is sixty-five (65) years of age or older prior to     |
  |                                                                       |
24|January 1, 1997, and has gross household income from all sources of    |
  |                                                                       |
   Req. No. 6547                                                   Page 2
___________________________________________________________________________

 1|Twenty-five Thousand Dollars ($25,000.00) or less in calendar year     |
  |                                                                       |
 2|1996, the fair cash value of the real property shall be the fair       |
  |                                                                       |
 3|cash value placed upon the property on January 1, 1997.  If the        |
  |                                                                       |
 4|individual head of household ceases to own and occupy the property     |
  |                                                                       |
 5|or if the gross household income from all sources exceeds an amount    |
  |                                                                       |
 6|as provided in subsection B of this section, the fair cash value of    |
  |                                                                       |
 7|the property shall be determined as if the provisions of Section 8     |
  |                                                                       |
 8|of Article X of the Constitution of the State of Oklahoma or any       |
  |                                                                       |
 9|other provisions relating to a limitation on the fair cash value of    |
  |                                                                       |
10|locally assessed real property had been in effect during the time      |
  |                                                                       |
11|the property was valued pursuant to the provisions of this section.    |
  |                                                                       |
12|    B.  The income threshold for the gross household income from all   |
  |                                                                       |
13|sources for an individual head of household under this section shall   |
  |                                                                       |
14|not exceed double the amount determined by the United States           |
  |                                                                       |
15|Department of Housing and Urban Development to be the estimated        |
  |                                                                       |
16|median income for the preceding year for the county or metropolitan    |
  |                                                                       |
17|statistical area which includes such county.  The Oklahoma Tax         |
  |                                                                       |
18|Commission shall provide such information to each county assessor      |
  |                                                                       |
19|each year as soon as such information becomes available.               |
  |                                                                       |
20|    SECTION 2.  The Ballot Title for the proposed Constitutional       |
  |                                                                       |
21|amendment as set forth in SECTION 1 of this resolution shall be in     |
  |                                                                       |
22|the following form:                                                    |
  |                                                                       |
23|                            BALLOT TITLE                               |
  |                                                                       |
24|Legislative Referendum No. ____           State Question No. ____      |
  |                                                                       |
   Req. No. 6547                                                   Page 3
___________________________________________________________________________

 1|THE GIST OF THE PROPOSITION IS AS FOLLOWS:                             |
  |                                                                       |
 2|    This measure amends the Oklahoma Constitution. It amends Section   |
  |                                                                       |
 3|    8C of Article 10.  Persons age 65 or older can qualify for a       |
  |                                                                       |
 4|    property tax benefit.  The benefit means that the fair cash        |
  |                                                                       |
 5|    value of the homestead property for the owner cannot increase      |
  |                                                                       |
 6|    after the person reaches age 65 and is otherwise qualified.        |
  |                                                                       |
 7|    There is a limit on the income a person can receive and still      |
  |                                                                       |
 8|    have this property tax benefit.   The income limit is determined   |
  |                                                                       |
 9|    in each county by reference to median income guidelines            |
  |                                                                       |
10|    published by the United States Department of Housing and Urban     |
  |                                                                       |
11|    Development.  This measure would double the amount of income a     |
  |                                                                       |
12|    person can receive and still be able to qualify for the property   |
  |                                                                       |
13|    tax benefit.                                                       |
  |                                                                       |
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|    59-1-6547      MAH    12/29/22                                     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 6547                                                   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.