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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE JOINT
RESOLUTION 33 By: Stanley
AS INTRODUCED
A Joint Resolution directing the Se cretary of State
to refer to the peopl e for their approval or
rejection a proposed amendmen t to Sections 8D through
8F of Article X of the Oklahoma Constitution;
clarifying language; providing ballot title;
directing filing; and ordering a special election .
BE IT RESOLVED BY THE SEN ATE AND THE HOUSE OF RE PRESENTATIVES OF THE
2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the mann er provided by law,
the following proposed amendment to Sections 8D through 8F of
Article X of the Oklahoma Constitution to read as follows:
Section 8D. A. Despite any provision to the contrary,
beginning January 1, 2009, each head of household veteran who has
been honorably discharg ed from active service in any branch of the
Armed Forces of the United States or Oklahoma National Guard and who
has been certified by the United States Department of Veterans
Affairs or its successor to have a one -hundred-percent (100%)
permanent disability sustained through military action or accident
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or resulting from disease contracted while in such active service or
the surviving spouse of such head of household veteran shall be
entitled to claim an exemption for the full amount of all household
personal property which is subject to ad valor em taxation and which
is not subject to any form of taxation in lieu of ad valorem
taxation.
B. In order to be eligible for the exemption authorized by this
section, the individual shall be required to prove residen cy within
the State of Oklahoma.
C. The Legislature shall be authorized to enact such laws as
may be necessary in order to implement the exemption provided by
this section; however, the exemption amount shall not be subject to
modification by such enactme nts and shall be for the full amount of
the valuation of any household personal property as otherwise
prescribed by this section.
Section 8E. A. Despite any provision to the contrary,
beginning January 1, 2006, e ach head of household veteran who has
been honorably discharged from active servic e in any branch of t he
Armed Forces of the Uni ted States or Oklahoma National Guard and who
has been certified by the United States Department of Veterans
Affairs or its successor to have a one hundred percent (100%)
permanent disability sustained through military action or a ccident
or resulting from disease contracted while in such active service or
the surviving spouse of such head of household veteran shall be
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entitled to claim an exemption for the full amount of the fair cash
value of the homestead.
B. In order to be eligible for the exemption authorized by this
section, the individual shall be required to prove residency within
the State of Oklahoma and must have previous ly qualified for the
homestead exemption authorize d by law or be eligible for the
homestead exemption pursuant to law.
C. If a homestead otherwise eligible for the exemption
authorized by this section is transferred on or after January 1 of a
calendar year, another homestead property acquired by the qual ifying
head of household veteran or by the surviving spouse of such
qualifying head of household veteran shall be exempt to the same
extent as the homestead property previously owned by such person or
persons for the year during which the new homestead is acquired and,
subject to the requirements of this se ction, for each year
thereafter.
Section 8F. A. Despite any provision to the contrary, and
except as otherwise provided by subsection D of this section,
beginning January 1, 2015, the surviving spouse o f the head of
household a servicemember who is determined by the United States
Department of Defense or any branch of the United States military to
have died while in the line of duty shall be entitled to claim an
exemption for the full amount of the fair cash value of the
homestead until such surviving spouse remarries.
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B. In order to be eligible for the exemption authorized by this
section, the surviving spouse sh all be required to prove residency
within the State of Oklahoma and must have previously qua lified for
the homestead exempti on authorized by law or be eligible for the
homestead exemption pursuant to law.
C. If a homestead otherwise eligible for the exemp tion
authorized by this section is transferred on or after January 1 of a
calendar year, another homestead property acquired by the surviving
spouse shall be exempt to the same extent as the homestead property
previously owned by such person for the year d uring which the new
homestead is acquired and, subject to the requirements of this
section, for each year thereafter.
D. The provisions of this section shall be applicable for the
2014 calendar year with respect to an existing homestead property
owned by the surviving spouse of a person previously determined to
have died while in the line of dut y by the United States Departmen t
of Defense or applicable branch of the United States military.
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:
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This measure amends Sections 8D through 8F of Article 10 of the
Oklahoma Constitution . It updates and modernizes the language
for the household property exemption for disabled veterans and
surviving spouses, the homestead exemption for disabled veterans
and surviving spouses, and the homestead exemption for surviving
spouses of veterans who have died in the line of duty by
replacing the words “head of household” with the words “veteran”
and “servicemember”.
SHALL THE PROPOSAL BE APPROVED ?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of th is resolution, prepa re and file
one copy thereof, including the Ba llot Title set forth in SECTION 2
hereof, with the Secretary of State and one copy with the Attorney
General.
SECTION 4. A special election is hereby ordered to be held
throughout the State of Oklahoma on the date of June 28, 2022, at
which time the proposed amendment s to the Oklahoma Constitution, as
set forth in SECTION 1 of this resolution, shall be submitted to the
people of Oklahoma for th eir approval or rejection as and in the
manner provided by law.
58-2-2951 QD 1/20/2022 8:04:22 AM