1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE JOINT |
|RESOLUTION 1033 By: George |
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| AS INTRODUCED |
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| A Joint Resolution directing the Secretary of State |
8| to refer to the people for their approval or |
| rejection a proposed amendment to Section 8E of |
9| Article X of the Constitution of the State of |
| Oklahoma; modifying provisions related to homesteads |
10| of certain disabled veterans or surviving spouses; |
| providing for exemption based upon disability |
11| percentage determinations; providing ballot title; |
| and directing filing. |
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14|BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE |
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15|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE: |
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16| SECTION 1. The Secretary of State shall refer to the people for |
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17|their approval or rejection, as and in the manner provided by law, |
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18|the following proposed amendment to Section 8E of Article X of the |
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19|Constitution of the State of Oklahoma to read as follows: |
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20| Section 8E. Homestead exemption Military service disability. |
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21| A. Despite any provision to the contrary, beginning January 1, |
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22|2006 2025, each head of household who has been honorably discharged |
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23|from active service in any branch of the Armed Forces of the United |
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24|States or Oklahoma National Guard and who has been certified by the |
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1|United States Department of Veterans Affairs or its successor to |
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2|have a one hundred percent (100%) permanent disability sustained |
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3|through military action or accident or resulting from disease |
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4|contracted while in such active service or the surviving spouse of |
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5|such head of household shall be entitled to claim an exemption for |
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6|the full amount of the fair cash value of the homestead based on the |
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7|percentage of the disability according to the following schedule: |
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8| 1. If the disability is determined to be one hundred percent |
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9|(100%), the exemption shall be for the full amount of the fair cash |
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10|value of the homestead; |
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11| 2. If the disability is determined to be less than one hundred |
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12|percent (100%) but at least seventy percent (70%), the exemption |
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13|shall be for fifty percent (50%) of the fair cash value of the |
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14|homestead; and |
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15| 3. If the disability is determined to be less than seventy |
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16|percent (70%), there shall be no exemption for any amount of the |
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17|fair cash value of the homestead. |
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18| B. In order to be eligible for the exemption authorized by this |
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19|section, the individual shall be required to prove residency within |
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20|the State of Oklahoma and must have previously qualified for the |
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21|homestead exemption authorized by law or be eligible for the |
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22|homestead exemption pursuant to law. |
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23| C. If a homestead otherwise eligible for the exemption |
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24|authorized by this section is transferred on or after January 1 of a |
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1|calendar year, another homestead property acquired by the qualifying |
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2|head of household or by the surviving spouse of such qualifying head |
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3|of household shall be exempt to the same extent as the homestead |
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4|property previously owned by such person or persons for the year |
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5|during which the new homestead is acquired and, subject to the |
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6|requirements of this section, for each year thereafter. |
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7| SECTION 2. The Ballot Title for the proposed Constitutional |
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8|amendment as set forth in SECTION 1 of this resolution shall be in |
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9|the following form: |
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10| BALLOT TITLE |
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11| Legislative Referendum No. ____ State Question No. ____ |
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12|THE GIST OF THE PROPOSITION IS AS FOLLOWS: |
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13| This measure amends the Oklahoma Constitution. It amends |
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14| Section 8E of Article 10. This section allows certain disabled |
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15| veterans to be exempt from paying property tax on their |
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16| homestead. Currently, the veteran must be determined to be one |
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17| hundred percent (100%) disabled to qualify. This measure would |
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18| change the amount of the exemption based on the percentage of |
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19| disability. A one hundred percent (100%) disabled veteran would |
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20| still be exempt from payment of property tax on the homestead. |
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21| If the veteran has a disability less than one hundred percent |
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22| (100%) but at least seventy percent (70%) the exemption would be |
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23| for one-half (1/2) the fair cash value of the homestead. If the |
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24| veteran has a disability of less than seventy percent (70%), |
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1| there would not be any exemption and the veteran would owe |
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2| property tax based on the fair cash value of the homestead. |
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3| SHALL THE PROPOSAL BE APPROVED? |
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4| FOR THE PROPOSAL YES _____________ |
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5| AGAINST THE PROPOSAL NO _____________ |
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6| SECTION 3. The Chief Clerk of the House of Representatives, |
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7|immediately after the passage of this resolution, shall prepare and |
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8|file one copy thereof, including the Ballot Title set forth in |
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9|SECTION 2 hereof, with the Secretary of State and one copy with the |
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10|Attorney General. |
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12| 59-1-6526 MAH 01/10/23 |
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