Oklahoma 2024 Regular Session

Oklahoma House Bill HJR1019 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
3128 STATE OF OKLAHOMA
3229
3330 2nd Session of the 59th Legislature (2024)
3431
3532 COMMITTEE SUBSTITUTE
3633 FOR
3734 HOUSE JOINT
38-RESOLUTION NO. 1019 By: Manger, Wolfley, and
39-Roberts
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35+RESOLUTION NO. 1019 By: Manger
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4742 COMMITTEE SUBSTITUTE
4843
4944 A Joint Resolution directing the Secretary of State
5045 to refer to the people for their approval or
5146 rejection a proposed amendment to Section 8C of
5247 Article X of the Constitution of the State of
5348 Oklahoma; eliminating income thre shold; providing for
5449 occupancy requirement ; providing exception;
5550 restricting fair cash value of homest ead for purposes
5651 of eligibility; prescribing definition of fair cash
5752 value pursuant to Section 8B of Article X of the
5853 Oklahoma Constitution; providing ballot title; and
5954 directing filing.
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6560 BE IT RESOLVED BY THE HOUSE OF REPRESENT ATIVES AND THE SENATE OF THE
6661 2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
6762 SECTION 1. The Secretary of State shall refer to the pe ople for
6863 their approval or rejection, as and in the manner provided by law,
6964 the following proposed amendment to Section 8C of Article X of the
7065 Constitution of the State of Oklahoma to read as follows:
66+Section 8C. A. Despite any provision to the contrary,
67+beginning January 1, 2005 2025, the fair cash value, as determined
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98-Section 8C. A. Despite any provision to the contrary,
99-beginning January 1, 2005 2025, the fair cash value, as determined
10094 by law, on each homestead of an individual head of household whose
10195 gross household income from all sources for the preceding calendar
10296 year did not exceed an amount as provided in subsectio n B of this
10397 section, and which individual head of household who is sixty-five
10498 (65) years of age or older who has occupied the property for a
10599 period of at least ten (10) years prior to the first January 1 d ate
106100 following the year during which the person atta ins the age of sixty-
107101 five (65) years, shall not exceed the fair cash value placed upon
108102 the property during the first year in w hich the individual head of
109103 household was sixty-five (65) years of age or older and had gross
110104 household income from all sources wh ich did not exceed an am ount as
111105 provided in subsection B of this section . For purposes of this
112106 section, absence from the home stead for a period not to exceed three
113107 hundred sixty-five (365) days during any ten-year period shall not
114108 disqualify the owner from eligibility. The provisions of this
115109 section shall only be applicable to a homestead with a fair cash
116110 value of Five Hundred Thousand Dollars ($500,000.00) or less. For
117111 purposes of this section, the fair cash value shall be determined in
118112 the same manner as provided by Section 8 B of Article X of the
119113 Oklahoma Constitution . Subject to the limitations of this section,
120114 the fair cash value shall not exceed such amount as long as the
121115 individual head of household who is sixty -five (65) years of age or
116+older owns and occupies the proper ty and as long as the gross
117+household income from all sources does not ex ceed an amount as
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149-older owns and occupies the proper ty and as long as the gross
150-household income from all s ources does not exceed an amount as
151144 provided in subsection B of this section. If any improvements are
152145 made to the property, the fair cash value of the improvements shall
153146 be assessed in accordance with law by the county assessor and added
154147 to the assessed value of the proper ty. Once the fair cash value of
155148 the improvements has been added to the fair cash value of the
156149 property, the total fair cash value shall not exceed the revised
157150 valuation of the proper ty so long as the individual head of
158151 household who is sixty -five (65) years of age or older owns and
159152 occupies the property and so long as the gross household income from
160153 all sources does not exceed an amount as provided in subsection B of
161154 this section. For any individual head of household who is sixty -
162155 five (65) years of age or older prior to January 1, 19 97, and has
163156 gross household income from all sources of Twenty -five Thousand
164157 Dollars ($25,000.00) or less in calendar year 1996, the fair cash
165158 value of the real property shall be the fair cash value placed upon
166159 the property on January 1, 1997. If the indiv idual head of
167160 household ceases to own and occupy the property or if the gross
168161 household income from all sources exceeds an amount as provided in
169162 subsection B of this section, the fair cash value of the property
170163 shall be determined as if the provisions of S ection 8 of Article X
171164 of the Constitution of the State of Oklahoma or any other provisions
172165 relating to a limitation on the fair cash value of locally asse ssed
166+real property had been in effect during the time the property was
167+valued pursuant to the provisio ns of this section.
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200-real property had been in effect during the time t he property was
201-valued pursuant to the provisio ns of this section.
202194 B. The income threshold for the gross household income from all
203195 sources for an individual head of household under this section shall
204196 not exceed the amount determined by the United States Department of
205197 Housing and Urban Development to b e the estimated median income for
206198 the preceding year for the county or metropolitan statistical area
207199 which includes such county. The Oklahoma Tax Commiss ion shall
208200 provide such information to each county assessor each year as s oon
209201 as such information becom es available.
210202 SECTION 2. The Ballot Title for the proposed Constitutional
211203 amendment as set forth in SECTION 1 of this resolution shall be in
212204 the following form:
213205 BALLOT TITLE
214206 Legislative Referendum No. ____ State Question No. ____
215207 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
216208 This measure amends Section 8C of the Oklahoma Constitution.
217209 Increases in fair cash value of homesteads are limited for
218210 individual heads of household age sixty-five (65) or older. The
219211 increase cannot exce ed the fair cash value of the property
220212 during the first year in which the owner was age sixty-five (65)
221213 years of age or older. This limit applies if the individual
222214 head of household meets both the age requirement and an income
223215 limit determined by the United States Depar tment of Housing and
216+Urban Development. This measure would eliminate the income
217+limit requirement. The age limit would not change . The person
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251-Urban Development. This measure would eliminate the income
252-limit requirement. The age limit would not change . The person
253244 would be required to have occupied the homestead f or ten (10)
254245 years. A person could be away from the homes tead for a period
255246 not to exceed three hundred sixty-five (365) days in a ten -year
256247 period and still qualify. The limit on increases in fair cash
257248 value of homestead property would only apply if the fair cash
258249 value of the homestead is Five Hundred Thousand Dollars
259250 ($500,000.00) or less. This value would be determined the same
260251 way as it is determined for all other purposes in the property
261252 tax system.
262253 SHALL THE PROPOSAL BE APPROVED?
263254 FOR THE PROPOSAL — YES _____________
264255 AGAINST THE PROPOSAL — NO _____________
265256 SECTION 3. The Chief Clerk of the House of Representatives,
266257 immediately after the passage of this resolution, shall prepare and
267258 file one copy thereof, including the Ballot Title set forth in
268259 SECTION 2 hereof, with the Secretary of State and one copy with the
269260 Attorney General.
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271-COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/14/2024 - DO PASS,
272-As Amended and Coauthored.
262+59-2-10153 LRB 02/13/24
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