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AN ACT proposing an amendment to Section 170 of the Constitution of Kentucky 1
relating to property exempt from taxation. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. Are you in favor of amending the Constitution of Kentucky to require 4
the homestead exemption to be indexed every two years to the purchasing power of the 5
dollar, to allow the exemption up to an assessed valuation of $100,000 for a totally 6
disabled veteran, and to transfer the exemption to the surviving spouse upon the death of 7
a totally disabled veteran, as stated below? 8
Section 2. It is proposed that Section 170 of the Constitution of Kentucky be 9
amended to read as follows: 10
(1) There shall be exempt from taxation public property used for public purposes; 11
places of burial not held for private or corporate profit; real property owned and occupied 12
by, and personal property both tangible and intangible owned by, institutions of religion; 13
institutions of purely public charity, and institutions of education not used or employed 14
for gain by any person or corporation, and the income of which is devoted solely to the 15
cause of education, public libraries, their endowments, and the income of the[such] 16
property as is used exclusively for their maintenance; household goods of a person used 17
in his or her home; crops grown in the year in which the assessment is made, and in the 18
hands of the producer. 19
(2) (a) There shall be a homestead exemption provided for[; and] real property 20
maintained as the permanent residence of the owner, who is sixty-five years of age or 21
older, or is classified as totally disabled under a program authorized or administered by an 22
agency of the United States government or by any retirement system either within or 23
without the Commonwealth of Kentucky, provided the property owner received disability 24
payments pursuant to the[such] disability classification, has maintained the[such] 25
disability classification for the entire[entirety of the particular] taxation period, and has 26
filed with the appropriate local assessor by December 31 of the taxation period, on forms 27 UNOFFICIAL COPY 22 RS BR 1035
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provided therefor, a signed statement indicating continuing disability as provided herein 1
made under penalty of perjury. 2
(b) The homestead exemption shall be indexed to the purchasing power of the 3
dollar every two years and apply to the owner's residence and contiguous real property, 4
except for assessment for special benefits. The amount of the homestead exemption 5
shall be up to an assessed valuation of one hundred thousand dollars for a totally 6
disabled veteran with a permanent and total one hundred percent service-connected 7
disability rating from the United States Department of Veterans Affairs or it successor; 8
and[,] up to the assessed valuation of sixty-five hundred dollars for all other owners [on 9
said residence and contiguous real property, except for assessment for special benefits]. 10
(c) For a totally disabled veteran with a permanent and total one hundred 11
percent service-connected disability rating from the United States Department of 12
Veterans Affairs or it successor, the homestead exemption shall be transferred to the 13
veteran's surviving spouse upon the death of the veteran, regardless of the age or 14
disability status of the surviving spouse. The veteran's surviving spouse shall continue 15
to receive the homestead exemption as long as the property is owned and maintained by 16
the veteran's surviving spouse as his or her personal residence, but the homestead 17
exemption shall cease upon the remarriage of the veteran's surviving spouse. 18
(d) The real property may be held by legal or equitable title, by the entireties, 19
jointly, in common, as a condominium, or indirectly by the stock ownership or 20
membership representing the owner's or member's proprietary interest in a corporation 21
owning a fee or a leasehold initially in excess of ninety-eight years. The homestead 22
exemption[exemptions] shall apply only to the value of the real property assessable to the 23
owner or, in case of ownership through stock or membership in a corporation, the value 24
of the proportion which his interest in the corporation bears to the assessed value of the 25
property. 26
(3) The General Assembly may authorize any incorporated city or town to exempt 27 UNOFFICIAL COPY 22 RS BR 1035
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manufacturing establishments from municipal taxation, for a period not exceeding five 1
years, as an inducement to their location. 2
(4) Notwithstanding the provisions of Sections 3, 172, and 174 of this 3
Constitution to the contrary, the General Assembly may provide by law an exemption for 4
all or any portion of the property tax for any class of personal property. 5
Section 3. This amendment shall be submitted to the voters of the 6
Commonwealth for their ratification or rejection at the time and in the manner provided 7
for under Sections 256 and 257 of the Constitution and under Sections 4 and 5 of this 8
Act. 9
Section 4. Notwithstanding any provision of KRS 118.415 to the contrary, the 10
Secretary of State shall cause the complete text of Section 1 of this Act and the entirety of 11
the proposed amendment to the Constitution of Kentucky contained in Section 2 of this 12
Act to be published at least one time in a newspaper of general circulation published in 13
this state, and shall also cause to be published at the same time and in the same manner 14
the fact that the amendment will be submitted to the voters for their acceptance or 15
rejection at the next regular election at which members of the General Assembly are to be 16
voted for. The publication required by this section and KRS 118.415 shall be made no 17
later than the first Tuesday in August preceding the election at which the amendment is to 18
be voted on. 19
Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, not 20
later than the second Monday after the second Tuesday in August preceding the next 21
regular election at which members of the General Assembly are to be chosen in a year in 22
which there is not an election for President and Vice President of the United States, or not 23
later than the Thursday after the first Tuesday in September preceding a regular election 24
in a year in which there is an election for President and Vice President of the United 25
States, the Secretary of State shall certify the complete text of Section 1 of this Act and 26
the entirety of the proposed amendment to the Constitution of Kentucky contained in 27 UNOFFICIAL COPY 22 RS BR 1035
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Section 2 of this Act to the county clerk of each county, and the county clerk shall have 1
the entirety of the text and the amendment, as so certified, indicated on the ballots 2
provided to the voters in paper or electronic form as applicable to the voting machines in 3
use in each county or precinct. 4