1 | 1 | | Req. No. 10806 Page 1 |
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2 | 2 | | STATE OF OKLAHOMA |
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3 | 3 | | |
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4 | 4 | | 1st Session of the 60th Legislature (2025) |
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5 | 5 | | |
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6 | 6 | | HOUSE JOINT |
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7 | 7 | | RESOLUTION 1001 By: Manger |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | AS INTRODUCED |
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14 | 14 | | |
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15 | 15 | | A Joint Resolution directing the Secretary of State |
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16 | 16 | | to refer to the people for their approval or |
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17 | 17 | | rejection a proposed amendme nt to Section 8C of |
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18 | 18 | | Article X of the Constitution of the State of |
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19 | 19 | | Oklahoma; eliminating income threshold; providing for |
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20 | 20 | | occupancy requirement; providing exception; |
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21 | 21 | | restricting fair cash value of homestead for purposes |
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22 | 22 | | of eligibility; prescribing definition of fair cash |
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23 | 23 | | value pursuant to Section 8B of Article X of the |
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24 | 24 | | Oklahoma Constitution; prov iding ballot title; and |
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25 | 25 | | directing filing. |
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26 | 26 | | |
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27 | 27 | | |
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29 | 29 | | |
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30 | 30 | | BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE |
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31 | 31 | | 1ST SESSION OF THE 60TH OKLAHOMA LEGISLATURE : |
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32 | 32 | | SECTION 1. The Secretary of State shall refer to the people for |
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33 | 33 | | their approval or rejection, as and in the manner provided by law, |
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34 | 34 | | the following proposed amendment to Section 8C of Article X of the |
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35 | 35 | | Constitution of the State of Oklahoma t o read as follows: |
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36 | 36 | | Section 8C. A. Despite any provision to the contrary, |
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37 | 37 | | beginning January 1, 2005 2027, the fair cash value, as determined |
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38 | 38 | | by law, on each homestead of an individual head of household whose |
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39 | 39 | | gross household income from all sources for the preceding calendar Req. No. 10806 Page 2 |
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40 | 40 | | year did not exceed an amount as provided in subsection B of this |
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41 | 41 | | section, and which individual head of household who is sixty-five |
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42 | 42 | | (65) years of age or older who has occupied the property for a |
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43 | 43 | | period of at least ten (10) years prior t o the first January 1 date |
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44 | 44 | | following the year during which the person attains the age of s ixty- |
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45 | 45 | | five (65) years, shall not exceed the fair cash value placed upon |
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46 | 46 | | the property during the first year in which the individual head of |
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47 | 47 | | household was sixty-five (65) years of age or older and had gross |
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48 | 48 | | household income from all sources which did not exceed an amount as |
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49 | 49 | | provided in subsection B of this section . For purposes of this |
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50 | 50 | | section, absence from the homestead for a period not to exceed three |
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51 | 51 | | hundred sixty-five (365) days during any ten -year period shall not |
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52 | 52 | | disqualify the owner from eligibility. The provisions of this |
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53 | 53 | | section shall only be applicable to a homestead with a fair cash |
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54 | 54 | | value of Five Hundred Thousand Dollars ($500,000.00) or less. For |
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55 | 55 | | purposes of this section, the fair cash value shall be determined in |
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56 | 56 | | the same manner as provided by Section 8B of Article X of the |
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57 | 57 | | Oklahoma Constitution. Subject to the limitations of this section, |
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58 | 58 | | the fair cash value shall not exceed such amount as long as the |
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59 | 59 | | individual head of household who is sixty -five (65) years of age or |
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60 | 60 | | older owns and occupies th e property and as long as the gross |
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61 | 61 | | household income from all sources does not exceed an amount as |
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62 | 62 | | provided in subsection B of this section . If any improvements are |
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63 | 63 | | made to the property, the fair cash value of the improvements shall Req. No. 10806 Page 3 |
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64 | 64 | | be assessed in accordance with law by the county assessor and added |
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65 | 65 | | to the assessed value of the property. Once the fair cash value of |
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66 | 66 | | the improvements has been added to the fair cash val ue of the |
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67 | 67 | | property, the total fair cash value shall not exceed the revised |
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68 | 68 | | valuation of the property so long as the individual head of |
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69 | 69 | | household who is sixty -five (65) years of age or older owns and |
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70 | 70 | | occupies the property and so long as the gross household income from |
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71 | 71 | | all sources does not exceed an amount as provided in subsection B of |
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72 | 72 | | this section. For any individual head of household who is sixty - |
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73 | 73 | | five (65) years of age or older prior to January 1, 1997, and has |
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74 | 74 | | gross household income from all sources of T wenty-five Thousand |
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75 | 75 | | Dollars ($25,000.00) or less in calendar year 1996, the fair cash |
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76 | 76 | | value of the real property shall be the fair cash value placed upon |
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77 | 77 | | the property on January 1, 1997. If the individual head of |
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78 | 78 | | household ceases to own and occupy the pro perty or if the gross |
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79 | 79 | | household income from all sources exceeds an amount as provided in |
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80 | 80 | | subsection B of this section , the fair cash value of the property |
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81 | 81 | | shall be determined as if the provisions of Section 8 of Article X |
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82 | 82 | | of the Constitution of the State o f Oklahoma or any other provisions |
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83 | 83 | | relating to a limitation on the fair cash value of loca lly assessed |
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84 | 84 | | real property had been in effect during the time the property was |
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85 | 85 | | valued pursuant to the provisions of this section. |
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86 | 86 | | B. The income threshold for the gro ss household income from all |
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87 | 87 | | sources for an individual head of household under this section shall Req. No. 10806 Page 4 |
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88 | 88 | | not exceed the amount determined by the United States Department of |
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89 | 89 | | Housing and Urban Development to be the estimated median income for |
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90 | 90 | | the preceding year for the county or metropolitan statistical area |
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91 | 91 | | which includes such county. The Oklahoma Tax Commission shall |
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92 | 92 | | provide such information to each county assessor each year as soon |
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93 | 93 | | as such information becomes available. |
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94 | 94 | | SECTION 2. The Ballot Title for the proposed Constitutional |
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95 | 95 | | amendment as set forth in SECTION 1 of this resolution shall be in |
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96 | 96 | | the following form: |
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97 | 97 | | BALLOT TITLE |
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98 | 98 | | Legislative Referendum No. ____ State Question No. ____ |
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99 | 99 | | THE GIST OF THE PROPOSITION IS AS FOLLOWS: |
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100 | 100 | | This measure amends Se ction 8C of Article 10 of the Oklahoma |
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101 | 101 | | Constitution. Increases in fair cash value of hom esteads are |
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102 | 102 | | limited for individual heads of household age sixty -five (65) or |
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103 | 103 | | older. The increase cannot exceed the fair cash value of the |
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104 | 104 | | property during the first y ear in which the owner was sixty -five |
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105 | 105 | | (65) years of age or older. This limit applies if the |
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106 | 106 | | individual head of household meets both the age requirement and |
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107 | 107 | | an income limit determined by the United States Department of |
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108 | 108 | | Housing and Urban Development. This measure would eliminate the |
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109 | 109 | | income limit requirement. The age limit would not change. Th e |
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110 | 110 | | person would be required to have occupied the homestead for ten |
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111 | 111 | | (10) years. A person could be away from the homestead for a Req. No. 10806 Page 5 |
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112 | 112 | | period not to exceed three hundred sixt y-five (365) days in a |
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113 | 113 | | ten-year period and still qualify. The limit on increases in |
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114 | 114 | | fair cash value of homestead property would only apply if the |
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115 | 115 | | fair cash value of the homestead is Five Hundred Thousand |
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116 | 116 | | Dollars ($500,000.00) or less. This value would be determined |
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117 | 117 | | the same way as it is determined for all other purposes in the |
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118 | 118 | | property tax system. |
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119 | 119 | | SHALL THE PROPOSAL BE APPROVED? |
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120 | 120 | | FOR THE PROPOSAL — YES _____________ |
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121 | 121 | | AGAINST THE PROPOSAL — NO _____________ |
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122 | 122 | | SECTION 3. The Chief Clerk of the House of Representatives, |
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123 | 123 | | immediately after the passage of this resolution, shall prepare and |
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124 | 124 | | file one copy thereof, including the Ballot Title set forth in |
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125 | 125 | | SECTION 2 hereof, with the Secretary of State and one copy with the |
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126 | 126 | | Attorney General. |
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127 | 127 | | |
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128 | 128 | | 60-1-10806 AO 01/07/25 |
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