SENATE AMENDMENT
    Bill No. CS for CS for SJR 630
    Amendment No. ___   Barcode 782676
                            CHAMBER ACTION
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11  Senators Pruitt and Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the resolving clause
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16  and insert:  
17         That the amendment of Section 3 of Article VII of the
18  State Constitution is agreed to and shall be submitted to the
19  electors of this state for approval or rejection at the next
20  general election or at an earlier special election
21  specifically authorized by law for that purpose:
22                           ARTICLE VII
23                       FINANCE AND TAXATION
24         SECTION 3.  Taxes; exemptions.--
25         (a)  All property owned by a municipality and used
26  exclusively by it for municipal or public purposes shall be
27  exempt from taxation.  A municipality, owning property outside
28  the municipality, may be required by general law to make
29  payment to the taxing unit in which the property is located.
30  Such portions of property as are used predominantly for
31  educational, literary, scientific, religious or charitable
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SENATE AMENDMENT Bill No. CS for CS for SJR 630 Amendment No. ___ Barcode 782676 1 purposes may be exempted by general law from taxation. 2 (b) There shall be exempt from taxation, cumulatively, 3 to every head of a family residing in this state, household 4 goods and personal effects to the value fixed by general law, 5 not less than one thousand dollars, and to every widow or 6 widower or person who is blind or totally and permanently 7 disabled, property to the value fixed by general law not less 8 than five hundred dollars. 9 (c) Any county or municipality may, for the purpose of 10 its respective tax levy and subject to the provisions of this 11 subsection and general law, grant community and economic 12 development ad valorem tax exemptions to new businesses and 13 expansions of existing businesses, as defined by general law. 14 Such an exemption may be granted only by ordinance of the 15 county or municipality, and only after the electors of the 16 county or municipality voting on such question in a referendum 17 authorize the county or municipality to adopt such ordinances. 18 An exemption so granted shall apply to improvements to real 19 property made by or for the use of a new business and 20 improvements to real property related to the expansion of an 21 existing business and shall also apply to tangible personal 22 property of such new business and tangible personal property 23 related to the expansion of an existing business. The amount 24 or limits of the amount of such exemption shall be specified 25 by general law. The period of time for which such exemption 26 may be granted to a new business or expansion of an existing 27 business shall be determined by general law. The authority to 28 grant such exemption shall expire ten years from the date of 29 approval by the electors of the county or municipality, and 30 may be renewable by referendum as provided by general law. 31 (d) By general law and subject to conditions specified 2 7:38 AM 03/22/02 s0630c2c-27j01
SENATE AMENDMENT Bill No. CS for CS for SJR 630 Amendment No. ___ Barcode 782676 1 therein, there may be granted an ad valorem tax exemption to a 2 renewable energy source device and to real property on which 3 such device is installed and operated, to the value fixed by 4 general law not to exceed the original cost of the device, and 5 for the period of time fixed by general law not to exceed ten 6 years. 7 (e) Any county or municipality may, for the purpose of 8 its respective tax levy and subject to the provisions of this 9 subsection and general law, grant historic preservation ad 10 valorem tax exemptions to owners of historic properties. This 11 exemption may be granted only by ordinance of the county or 12 municipality. The amount or limits of the amount of this 13 exemption and the requirements for eligible properties must be 14 specified by general law. The period of time for which this 15 exemption may be granted to a property owner shall be 16 determined by general law. 17 (f) Legislative review of the tax on sales, use, and 18 other transactions.--There is hereby created a joint committee 19 consisting of six senators appointed by the President of the 20 Senate and six representatives appointed by the Speaker of the 21 House of Representatives, which committee shall conduct a 22 review of all exemptions from the tax on sales, use, and other 23 transactions imposed by law and all exclusions of sales of 24 services from such taxation. The committee shall be governed 25 by joint rules adopted by the legislature no later than the 26 2003 regular session pursuant to the authority to adopt rules 27 under section 4 of Article III. Such rules shall establish a 28 schedule for review of such exemptions and exclusions over a 29 three-year period and shall provide criteria to be considered 30 by the committee in conducting its review. No later than 31 March 1 of 2004, 2005, and 2006, the committee shall submit 3 7:38 AM 03/22/02 s0630c2c-27j01
SENATE AMENDMENT Bill No. CS for CS for SJR 630 Amendment No. ___ Barcode 782676 1 its findings and recommendations to the presiding officers of 2 each house of the legislature. Any decision to deauthorize an 3 exemption or exclusion must be approved by seven members of 4 the committee and shall be in the form of a resolution adopted 5 by the committee, which shall be submitted to the legislature. 6 The resolution shall set forth the specific changes to the 7 statutes necessary to effectuate the deauthorization, which 8 resolution shall have the force of law and shall become 9 effective July 1 following the second regular session 10 occurring after submission to the legislature, except for 11 those exemptions or exclusions expressly rescinded by joint 12 resolution of the legislature prior to that date. This 13 section does not operate to deauthorize any exemption or 14 exclusion not expressly deauthorized in such resolution, nor 15 does it prohibit subsequent reenactment by law of any 16 exemption or exclusion that was deauthorized. The joint 17 committee is dissolved July 1, 2006. 18 BE IT FURTHER RESOLVED that the following statement be 19 placed on the ballot: 20 CONSTITUTIONAL AMENDMENT 21 ARTICLE VII, SECTION 3 22 REVIEW OF EXEMPTIONS AND EXCLUSIONS FROM THE TAX ON 23 SALES, USE, AND OTHER TRANSACTIONS.--Proposes to amend the 24 State Constitution to create a joint legislative committee to 25 conduct a review of exemptions from the tax on sales, use, and 26 other transactions imposed by law and exclusions of sales of 27 services from such taxation. Provides for submission of the 28 committee's findings and recommendations to the presiding 29 officers of the Legislature not later than March 1, 2004, 30 2005, and 2006. Requires committee decisions to deauthorize 31 any exemption or exclusion which are approved by a majority of 4 7:38 AM 03/22/02 s0630c2c-27j01
SENATE AMENDMENT Bill No. CS for CS for SJR 630 Amendment No. ___ Barcode 782676 1 the committee membership to be presented to the Legislature as 2 a resolution, not subject to gubernatorial veto. Authorizes 3 the Legislature to rescind decisions of the committee by joint 4 resolution. Provides that the deauthorization of exemptions 5 or exclusions shall take effect on July 1 of the calendar year 6 following the second regular session following adoption of the 7 committee's resolution. Retains the Legislature's authority 8 to adopt or reauthorize exemptions or exclusions from such 9 tax. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the resolving clause 15 16 and insert: 17 Senate Joint Resolution No.____ 18 A joint resolution proposing an amendment to 19 Section 3 of Article VII of the State 20 Constitution to create a joint legislative 21 committee to conduct a review of all exemptions 22 from the tax on sales, use, and other 23 transactions imposed by law and all exclusions 24 of sales of services from such taxation. 25 26 27 28 29 30 31 5 7:38 AM 03/22/02 s0630c2c-27j01