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42 | 37 | | |
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43 | 38 | | |
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44 | 39 | | |
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45 | 40 | | |
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46 | 41 | | |
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47 | 42 | | COMMITTEE SUBSTITUTE |
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48 | 43 | | |
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49 | 44 | | A Joint Resolution directing the Secretary of State |
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50 | 45 | | to refer to the people for their approval or |
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51 | 46 | | rejection a proposed amendment to Section 8C of |
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52 | 47 | | Article X of the Constitution of the State of |
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53 | 48 | | Oklahoma; eliminating income thre shold; providing for |
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54 | 49 | | occupancy requirement ; providing exception; |
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55 | 50 | | restricting fair cash value of homest ead for purposes |
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56 | 51 | | of eligibility; prescribing definition of fair cash |
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57 | 52 | | value pursuant to Section 8B of Article X of the |
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58 | 53 | | Oklahoma Constitution; providing ballot title; and |
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59 | 54 | | directing filing. |
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60 | 55 | | |
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61 | 56 | | |
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62 | 57 | | |
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63 | 58 | | |
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64 | 59 | | |
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65 | 60 | | BE IT RESOLVED BY THE HOUSE OF REPRESENT ATIVES AND THE SENATE OF THE |
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66 | 61 | | 2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE: |
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67 | 62 | | SECTION 1. The Secretary of State shall refer to the pe ople for |
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68 | 63 | | their approval or rejection, as and in the manner provided by law, |
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69 | 64 | | the following proposed amendment to Section 8C of Article X of the |
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70 | 65 | | Constitution of the State of Oklahoma to read as follows: |
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100 | 94 | | by law, on each homestead of an individual head of household whose |
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101 | 95 | | gross household income from all sources for the preceding calendar |
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102 | 96 | | year did not exceed an amount as provided in subsectio n B of this |
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103 | 97 | | section, and which individual head of household who is sixty-five |
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104 | 98 | | (65) years of age or older who has occupied the property for a |
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105 | 99 | | period of at least ten (10) years prior to the first January 1 d ate |
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106 | 100 | | following the year during which the person atta ins the age of sixty- |
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107 | 101 | | five (65) years, shall not exceed the fair cash value placed upon |
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108 | 102 | | the property during the first year in w hich the individual head of |
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109 | 103 | | household was sixty-five (65) years of age or older and had gross |
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110 | 104 | | household income from all sources wh ich did not exceed an am ount as |
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111 | 105 | | provided in subsection B of this section . For purposes of this |
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112 | 106 | | section, absence from the home stead for a period not to exceed three |
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113 | 107 | | hundred sixty-five (365) days during any ten-year period shall not |
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114 | 108 | | disqualify the owner from eligibility. The provisions of this |
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115 | 109 | | section shall only be applicable to a homestead with a fair cash |
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116 | 110 | | value of Five Hundred Thousand Dollars ($500,000.00) or less. For |
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117 | 111 | | purposes of this section, the fair cash value shall be determined in |
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118 | 112 | | the same manner as provided by Section 8 B of Article X of the |
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119 | 113 | | Oklahoma Constitution . Subject to the limitations of this section, |
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120 | 114 | | the fair cash value shall not exceed such amount as long as the |
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121 | 115 | | individual head of household who is sixty -five (65) years of age or |
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151 | 144 | | provided in subsection B of this section. If any improvements are |
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152 | 145 | | made to the property, the fair cash value of the improvements shall |
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153 | 146 | | be assessed in accordance with law by the county assessor and added |
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154 | 147 | | to the assessed value of the proper ty. Once the fair cash value of |
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155 | 148 | | the improvements has been added to the fair cash value of the |
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156 | 149 | | property, the total fair cash value shall not exceed the revised |
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157 | 150 | | valuation of the proper ty so long as the individual head of |
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158 | 151 | | household who is sixty -five (65) years of age or older owns and |
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159 | 152 | | occupies the property and so long as the gross household income from |
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160 | 153 | | all sources does not exceed an amount as provided in subsection B of |
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161 | 154 | | this section. For any individual head of household who is sixty - |
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162 | 155 | | five (65) years of age or older prior to January 1, 19 97, and has |
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163 | 156 | | gross household income from all sources of Twenty -five Thousand |
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164 | 157 | | Dollars ($25,000.00) or less in calendar year 1996, the fair cash |
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165 | 158 | | value of the real property shall be the fair cash value placed upon |
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166 | 159 | | the property on January 1, 1997. If the indiv idual head of |
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167 | 160 | | household ceases to own and occupy the property or if the gross |
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168 | 161 | | household income from all sources exceeds an amount as provided in |
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169 | 162 | | subsection B of this section, the fair cash value of the property |
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170 | 163 | | shall be determined as if the provisions of S ection 8 of Article X |
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171 | 164 | | of the Constitution of the State of Oklahoma or any other provisions |
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172 | 165 | | relating to a limitation on the fair cash value of locally asse ssed |
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202 | 194 | | B. The income threshold for the gross household income from all |
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203 | 195 | | sources for an individual head of household under this section shall |
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204 | 196 | | not exceed the amount determined by the United States Department of |
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205 | 197 | | Housing and Urban Development to b e the estimated median income for |
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206 | 198 | | the preceding year for the county or metropolitan statistical area |
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207 | 199 | | which includes such county. The Oklahoma Tax Commiss ion shall |
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208 | 200 | | provide such information to each county assessor each year as s oon |
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209 | 201 | | as such information becom es available. |
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210 | 202 | | SECTION 2. The Ballot Title for the proposed Constitutional |
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211 | 203 | | amendment as set forth in SECTION 1 of this resolution shall be in |
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212 | 204 | | the following form: |
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213 | 205 | | BALLOT TITLE |
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214 | 206 | | Legislative Referendum No. ____ State Question No. ____ |
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215 | 207 | | THE GIST OF THE PROPOSITION IS AS FOLLOWS: |
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216 | 208 | | This measure amends Section 8C of the Oklahoma Constitution. |
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217 | 209 | | Increases in fair cash value of homesteads are limited for |
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218 | 210 | | individual heads of household age sixty-five (65) or older. The |
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219 | 211 | | increase cannot exce ed the fair cash value of the property |
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220 | 212 | | during the first year in which the owner was age sixty-five (65) |
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221 | 213 | | years of age or older. This limit applies if the individual |
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222 | 214 | | head of household meets both the age requirement and an income |
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223 | 215 | | limit determined by the United States Depar tment of Housing and |
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253 | 244 | | would be required to have occupied the homestead f or ten (10) |
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254 | 245 | | years. A person could be away from the homes tead for a period |
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255 | 246 | | not to exceed three hundred sixty-five (365) days in a ten -year |
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256 | 247 | | period and still qualify. The limit on increases in fair cash |
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257 | 248 | | value of homestead property would only apply if the fair cash |
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258 | 249 | | value of the homestead is Five Hundred Thousand Dollars |
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259 | 250 | | ($500,000.00) or less. This value would be determined the same |
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260 | 251 | | way as it is determined for all other purposes in the property |
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261 | 252 | | tax system. |
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262 | 253 | | SHALL THE PROPOSAL BE APPROVED? |
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263 | 254 | | FOR THE PROPOSAL — YES _____________ |
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264 | 255 | | AGAINST THE PROPOSAL — NO _____________ |
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265 | 256 | | SECTION 3. The Chief Clerk of the House of Representatives, |
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266 | 257 | | immediately after the passage of this resolution, shall prepare and |
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267 | 258 | | file one copy thereof, including the Ballot Title set forth in |
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268 | 259 | | SECTION 2 hereof, with the Secretary of State and one copy with the |
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269 | 260 | | Attorney General. |
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270 | 261 | | |
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