STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE JOINT
RESOLUTION 1084	By:	Shelton

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new Section 8F to Article X; providing ad valorem tax exemption for certain residences destroyed by natural disasters; prescribing duration of exemption; providing for applicability of exemption based upon location of property within certain boundaries; providing for exempt treatment with respect to certain millage amounts; providing ballot title; and directing filing.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to the Constitution of the State of Oklahoma by adding a new Section 8F to Article X thereof, to read as follows:
Section 8F.  A.  Notwithstanding any other provisions of the Oklahoma Constitution to the contrary, there shall be no increase in the ad valorem tax liability of any single family residence which has been damaged or destroyed as a direct result of a natural disaster for the period of time that the residence cannot be safely occupied and as further prescribed by subsection C of this section.  
B.  The residence must be located in a county which was included in a formal declaration of disaster by the Governor and the residence must have become uninhabitable as a direct result of the occurrence of the disaster which was described in the gubernatorial declaration.  
C.  The limit on increase in ad valorem tax liability shall be in effect until the first January 1 date immediately following the end of the calendar year during which the residence was repaired or rebuilt and was suitable for safe occupancy by the owner or owners.
D.  The provisions of this section shall be applicable notwithstanding the inclusion of the residential property within the boundary of a local taxing jurisdiction within which the residence was not previously included prior to the damage or destruction of the residence.
E.  The provisions of this section shall be applicable to any ad valorem tax imposed for the payment of principal, interest or other costs of indebtedness issued pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution or any other provision of law authorizing a millage rate for the payment of indebtedness.
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:
This measure amends the Oklahoma Constitution.  It would add a new Section 8F to Article 10.  It would prohibit increases in property tax for certain residences that are damaged or destroyed in a natural disaster.  The property taxes would not increase until the first year after the residence was repaired or rebuilt and could be safely occupied.  The limit on increases in property tax would apply to situations in which a local taxing jurisdiction included the residence in its boundary.  The limit on increases in property tax would apply to tax rates that are levied for the payment of debt such as general obligation bonds.
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 with the Attorney General.

53-2-7863	MAH	01/12/12