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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022 )
HOUSE JOINT
RESOLUTION 1047 By: Manger and Townley
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to Section 8C of
Article X of the Constitution of the State of
Oklahoma; eliminating income threshold ; providing
ballot title; and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
2ND SESSION OF THE 58TH OKLAHOMA LEGISLATU RE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to Section 8C of Article X of the
Constitution of the State of Oklahoma to read as follows:
Section 8C. A. Despite any provision to the contrary,
beginning January 1, 2005 2023, the fair cash value, as determined
by law, on each homestead of an individual head of household whose
gross household income from all sources for t he preceding calendar
year did not exceed an amount as provided in subsection B of this
section, and which individual head of household who is sixty-five
(65) years of age or older, shall not exceed the fair cash value
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placed upon the property during the f irst year in which the
individual head of household was sixty -five (65) years of age or
older and had gross household income from all sources which did not
exceed an amount as provided in subsection B of this section .
Subject to the limitations of this se ction, the fair cash value
shall not exceed such amount as long as the individual head of
household who is sixty -five (65) years of age or older owns and
occupies the property and as long as the gross household income from
all sources does not exceed an am ount as provided in subsection B of
this section. If any improvements are made to the property, the
fair cash value of the improvements shall be assessed in accordance
with law by the county assessor and added to the assessed value of
the property. Once the fair cash value of the improvements has been
added to the fair cash value of the property, the total fair cash
value shall not exceed the revised valuation of the property so long
as the individual head of household who is sixty-five (65) years of
age or older owns and occupies the property and so long as the gross
household income from all sources does not exceed an amount as
provided in subsection B of this section . For any individual head
of household who is sixty -five (65) years of age or older pri or to
January 1, 1997, and has gross household income from all sources of
Twenty-five Thousand Dollars ($25,000.00) or less in calendar year
1996, the fair cash value of the real property shall be the fair
cash value placed upo n the property on January 1, 1997. If the
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individual head of household ceases to own and occupy the property
or if the gross household income from all sources exceeds an amount
as provided in subsection B of this section , the fair cash value of
the property shall be determined as if the provisions of Section 8
of Article X of the Constitution of the State of Oklahoma or any
other provisions relating to a limitation on the fair cash value of
locally assessed real property had been in effect during the time
the property was valued pursu ant to the provisions of this section.
B. The income threshold for the gross household income from all
sources for an individual head of household under this section shall
not exceed the amount determined by the United States Department of
Housing and Urban Development to be the estimated median income for
the preceding year for the county or metropolitan statistical area
which includes such county. The Oklahoma Tax Commission shall
provide such information to each county asse ssor each year as soon
as such information becomes available.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution. It amends
Section 8C of Article 10. This section limits the fair cash
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value of a homestead for individual head of household s who are
sixty-five (65) years of age or older to not exceed the fair
cash value placed upon the property during the first year in
which the individual head of household was sixty -five (65) years
of age or older. Currently, this section only applies if the
individual head of household meets the age requirement and an
income limit determined by the United States Department of
Housing and Urban Development to be the estimated median income
for the preceding year for the county or metropolitan
statistical area which includes such county . This measure would
eliminate the required income limit. If this measure passes,
this section will apply if the individual head of household is
sixty-five (65) years of age or older .
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall prepare and
file one copy thereof, including the Ballot Title set forth in
SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
58-2-8531 AQH 01/03/22