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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE JOINT
RESOLUTION 1025 By: Wolfley
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendme nt to Section 8C of
Article X of the Constitution of the State of
Oklahoma; modifying provisions related to maximum
income amount for purposes of fair cash value
determinations for certain homestead properties;
providing ballot title; and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the m anner provided by law,
the following propos ed 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, the fair cash val ue, as determined by
law, on each homestead of an i ndividual head of household whose
gross household income from all sources for the preceding calendar
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year did not exceed an amount as provided in subsection B of this
section, and which individual head of household is sixty-five (65)
years of age or older, shall not exceed the fair cash value placed
upon the property du ring the first 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 section, 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 amount 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 proper ty.
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 lo ng 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 in dividual head
of household who is sixty -five (65) years of age or older prior to
January 1, 1997, and has gross household income from all sources of
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Twenty-five Thousand Dollars ($25,000.00) or less in cal endar year
1996, the fair cash value of the real pr operty shall be the fair
cash value placed upon the property on J anuary 1, 1997. If the
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 t his section, the fair cash value of
the property shall be determi ned 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 limita tion on the fair cash value of
locally assessed rea l property had been in effect during the time
the property was valued pursuant 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 double 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 whi ch includes such county. The Oklahoma Tax
Commission shall provide such information to each county assessor
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. ____
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THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution. It amends Section
8C of Article 10. Persons age 65 or older can qualify f or a
property tax benefit. The benefit means that the fair cash
value of the homestead property for the owner cannot increase
after the person reaches age 65 and is otherwise qualified.
There is a limit on the income a person can receive and still
have this property tax benefit. The income limit is determined
in each county by reference to median income guidelines
published by the United States Department of Housing and Urban
Development. This measure would double the amount of income a
person can receive and still be able to qualify for the property
tax benefit.
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 w ith the
Attorney General.
59-1-6547 MAH 12/29/22