HB40INTRODUCED Page 0 HB40 CC6MQQ-1 By Representative Pettus (Constitutional Amendment) RFD: Local Legislation First Read: 06-Feb-24 PFD: 12-Jan-24 1 2 3 4 5 6 CC6MQQ-1 09/06/2023 RA (F)RA 2023-2845 Page 1 PFD: 12-Jan-24 SYNOPSIS: This bill would propose an amendment to the Constitution of Alabama of 2022, relating to Lauderdale County, to authorize a qualified taxpayer 65 years of age or older to claim a senior property tax exemption for real property owned in the county under certain conditions. A BILL TO BE ENTITLED AN ACT Proposing an amendment to the Constitution of Alabama of 2022, relating to Lauderdale County, to authorize a qualified taxpayer 65 years of age or older to claim a senior property tax exemption for real property owned in the county under certain conditions. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to the Constitution of Alabama of 2022, is proposed and shall become valid as a part of the constitution when all requirements of this act and applicable constitutional provisions are fulfilled: PROPOSED AMENDMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB40 INTRODUCED Page 2 PROPOSED AMENDMENT (a) In Lauderdale County, a person 65 years of age or older may claim a senior property tax exemption for ad valorem tax purposes on real property located in the county which is owned by the person, classified as single-family owner-occupied residential property, and used as the principal place of residence of the person for not less than five years immediately prior to the tax year for which the person first claims the senior property tax exemption. The senior property tax exemption shall freeze the assessed value of the property for the year immediately prior to claiming the exemption. (b) The following provisions shall apply to the person claiming the senior property tax exemption: (1) The taxpayer shall continue to receive the senior property tax exemption as long as the taxpayer continues to use the property as his or her principal place of residence. (2) The person shall continue to be eligible to claim a homestead exemption and any other exemption authorized by law on the property. (3) The property shall continue to be subject to any millage rate changes on the property. (4) The assessed value of any additions to the property after claiming the senior property tax exemption shall be added to the assessed value of the property and subject to ad valorem tax based on the increase in the assessed value of the addition after the taxpayer claims the senior property tax exemption. (5) This exemption may be claimed beginning October 1, 2025, for the value of the property on October 1, 2024. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB40 INTRODUCED Page 3 2025, for the value of the property on October 1, 2024. (6) This exemption must be claimed in writing with the Lauderdale County Revenue Commissioner between October 1 and December 31. Upon ratification of this constitutional amendment, the Code Commissioner shall number and place this amendment as appropriate in the constitution omitting this instructional paragraph and may make the following nonsubstantive revisions: change capitalization, hierarchy, spelling, and punctuation for purposes of style and uniformity; correct manifest grammatical, clerical, and typographical errors; revise internal or external citations and cross-references; and translate effective dates. Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284, 284.01, and 285 of the Constitution of Alabama of 2022, and the election laws of this state. Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: "Relating to Lauderdale County; proposing an amendment to the Constitution of Alabama of 2022, to authorize a qualified taxpayer 65 years of age or older to claim a senior property tax exemption for real property under certain conditions. Proposed by Act ____. " This description shall be followed by the following 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB40 INTRODUCED Page 4 This description shall be followed by the following language: "Yes( ) No( )." 85 86