1 | Representative(s) Saunders offered the following: |
2 |
|
3 | Amendment (with ballot statement and title amendments) |
4 | Remove lines 22-383 and insert: |
5 | That the following amendments to Sections 3, 6, and 9 of |
6 | Article VII and the creation of Section 27 of Article XII of the |
7 | State Constitution are agreed to and shall be submitted to the |
8 | electors of this state for approval or rejection at the next |
9 | general election or at an earlier special election specifically |
10 | authorized by law for that purpose: |
11 | ARTICLE VII |
12 | FINANCE AND TAXATION |
13 | SECTION 3. Taxes; exemptions.-- |
14 | (a) All property owned by a municipality and used |
15 | exclusively by it for municipal or public purposes shall be |
16 | exempt from taxation. A municipality, owning property outside |
17 | the municipality, may be required by general law to make payment |
18 | to the taxing unit in which the property is located. Such |
19 | portions of property as are used predominantly for educational, |
20 | literary, scientific, religious or charitable purposes may be |
21 | exempted by general law from taxation. |
22 | (b) There shall be exempt from taxation, cumulatively, to |
23 | every head of a family residing in this state, household goods |
24 | and personal effects to the value fixed by general law, not less |
25 | than one thousand dollars, and to every widow or widower or |
26 | person who is blind or totally and permanently disabled, |
27 | property to the value fixed by general law not less than five |
28 | hundred dollars. |
29 | (c) Any county or municipality may, for the purpose of its |
30 | respective tax levy and subject to the provisions of this |
31 | subsection and general law, grant community and economic |
32 | development ad valorem tax exemptions to new businesses and |
33 | expansions of existing businesses, as defined by general law. |
34 | Such an exemption may be granted only by ordinance of the county |
35 | or municipality, and only after the electors of the county or |
36 | municipality voting on such question in a referendum authorize |
37 | the county or municipality to adopt such ordinances. An |
38 | exemption so granted shall apply to improvements to real |
39 | property made by or for the use of a new business and |
40 | improvements to real property related to the expansion of an |
41 | existing business and shall also apply to tangible personal |
42 | property of such new business and tangible personal property |
43 | related to the expansion of an existing business. The amount or |
44 | limits of the amount of such exemption shall be specified by |
45 | general law. The period of time for which such exemption may be |
46 | granted to a new business or expansion of an existing business |
47 | shall be determined by general law. The authority to grant such |
48 | exemption shall expire ten years from the date of approval by |
49 | the electors of the county or municipality, and may be renewable |
50 | by referendum as provided by general law. |
51 | (d) By general law and subject to conditions specified |
52 | therein, there may be granted an ad valorem tax exemption to a |
53 | renewable energy source device and to real property on which |
54 | such device is installed and operated, to the value fixed by |
55 | general law not to exceed the original cost of the device, and |
56 | for the period of time fixed by general law not to exceed ten |
57 | years. |
58 | (e) Any county or municipality may, for the purpose of its |
59 | respective tax levy and subject to the provisions of this |
60 | subsection and general law, grant historic preservation ad |
61 | valorem tax exemptions to owners of historic properties. This |
62 | exemption may be granted only by ordinance of the county or |
63 | municipality. The amount or limits of the amount of this |
64 | exemption and the requirements for eligible properties must be |
65 | specified by general law. The period of time for which this |
66 | exemption may be granted to a property owner shall be determined |
67 | by general law. |
68 | (f) By general law and subject to conditions specified |
69 | therein, tangible personal property up to a value of twenty-five |
70 | thousand dollars shall be exempt from taxation. |
71 | SECTION 6. Homestead exemptions.-- |
72 | (a) Every person who has the legal or equitable title to |
73 | real estate and maintains thereon the permanent residence of the |
74 | owner, or another legally or naturally dependent upon the owner, |
75 | shall be exempt from taxation thereon, except assessments for |
76 | special benefits, up to the assessed valuation of five thousand |
77 | dollars, upon establishment of right thereto in the manner |
78 | prescribed by law. The real estate may be held by legal or |
79 | equitable title, by the entireties, jointly, in common, as a |
80 | condominium, or indirectly by stock ownership or membership |
81 | representing the owner's or member's proprietary interest in a |
82 | corporation owning a fee or a leasehold initially in excess of |
83 | ninety-eight years. |
84 | (b) Not more than one exemption shall be allowed any |
85 | individual or family unit or with respect to any residential |
86 | unit. No exemption shall exceed the value of the real estate |
87 | assessable to the owner or, in case of ownership through stock |
88 | or membership in a corporation, the value of the proportion |
89 | which the interest in the corporation bears to the assessed |
90 | value of the property. |
91 | (c) By general law and subject to conditions specified |
92 | therein, the exemption shall be increased to a total of twenty- |
93 | five thousand dollars of the assessed value of the real estate |
94 | for each school district levy. By general law and subject to |
95 | conditions specified therein, the exemption for all other levies |
96 | may be increased up to an amount not exceeding ten thousand |
97 | dollars of the assessed value of the real estate if the owner |
98 | has attained age sixty-five or is totally and permanently |
99 | disabled and if the owner is not entitled to the exemption |
100 | provided in subsection (d). |
101 | (d) By general law and subject to conditions specified |
102 | therein, the exemption shall be increased to a total of the |
103 | following amounts of assessed value of real estate for each levy |
104 | other than those of school districts: fifteen thousand dollars |
105 | with respect to 1980 assessments; twenty thousand dollars with |
106 | respect to 1981 assessments; twenty-five thousand dollars with |
107 | respect to assessments for 1982 and each year thereafter. |
108 | However, such increase shall not apply with respect to any |
109 | assessment roll until such roll is first determined to be in |
110 | compliance with the provisions of section 4 by a state agency |
111 | designated by general law. This subsection shall stand repealed |
112 | on the effective date of any amendment to section 4 which |
113 | provides for the assessment of homestead property at a specified |
114 | percentage of its just value. |
115 | (e) By general law and subject to conditions specified |
116 | therein, the Legislature may provide to renters, who are |
117 | permanent residents, ad valorem tax relief on all ad valorem tax |
118 | levies. Such ad valorem tax relief shall be in the form and |
119 | amount established by general law and may be provided in the |
120 | form of tax relief to the owner of the property. |
121 | (f) The legislature may, by general law, allow counties or |
122 | municipalities, for the purpose of their respective tax levies |
123 | and subject to the provisions of general law, to grant an |
124 | additional homestead tax exemption not exceeding fifty thousand |
125 | dollars to any person who has the legal or equitable title to |
126 | real estate and maintains thereon the permanent residence of the |
127 | owner and who has attained age sixty-five and whose household |
128 | income, as defined by general law, does not exceed twenty |
129 | thousand dollars. The general law must allow counties and |
130 | municipalities to grant this additional exemption, within the |
131 | limits prescribed in this subsection, by ordinance adopted in |
132 | the manner prescribed by general law, and must provide for the |
133 | periodic adjustment of the income limitation prescribed in this |
134 | subsection for changes in the cost of living. |
135 | (g) Each veteran who is age 65 or older who is partially |
136 | or totally permanently disabled shall receive a discount from |
137 | the amount of the ad valorem tax otherwise owed on homestead |
138 | property the veteran owns and resides in if the disability was |
139 | combat related, the veteran was a resident of this state at the |
140 | time of entering the military service of the United States, and |
141 | the veteran was honorably discharged upon separation from |
142 | military service. The discount shall be in a percentage equal to |
143 | the percentage of the veteran's permanent, service-connected |
144 | disability as determined by the United States Department of |
145 | Veterans Affairs. To qualify for the discount granted by this |
146 | subsection, an applicant must submit to the county property |
147 | appraiser, by March 1, proof of residency at the time of |
148 | entering military service, an official letter from the United |
149 | States Department of Veterans Affairs stating the percentage of |
150 | the veteran's service-connected disability and such evidence |
151 | that reasonably identifies the disability as combat related, and |
152 | a copy of the veteran's honorable discharge. If the property |
153 | appraiser denies the request for a discount, the appraiser must |
154 | notify the applicant in writing of the reasons for the denial, |
155 | and the veteran may reapply. The Legislature may, by general |
156 | law, waive the annual application requirement in subsequent |
157 | years. This subsection shall take effect December 7, 2006, is |
158 | self-executing, and does not require implementing legislation. |
159 | SECTION 9. Local taxes.-- |
160 | (a) Counties, school districts, and municipalities shall, |
161 | and special districts may, be authorized by law to levy ad |
162 | valorem taxes and may be authorized by general law to levy other |
163 | taxes, for their respective purposes, except ad valorem taxes on |
164 | intangible personal property and taxes prohibited by this |
165 | constitution. |
166 | (b) Ad valorem taxes, exclusive of taxes levied for the |
167 | payment of bonds and taxes levied for periods not longer than |
168 | two years when authorized by vote of the electors who are the |
169 | owners of freeholds therein not wholly exempt from taxation, |
170 | shall not be levied in excess of the following millages upon the |
171 | assessed value of real estate and tangible personal property: |
172 | for all county purposes, ten mills; for all municipal purposes, |
173 | ten mills; for all school purposes, ten mills; for water |
174 | management purposes for the northwest portion of the state lying |
175 | west of the line between ranges two and three east, 0.05 mill; |
176 | for water management purposes for the remaining portions of the |
177 | state, 1.0 mill; and for all other special districts a millage |
178 | authorized by law approved by vote of the electors who are |
179 | owners of freeholds therein not wholly exempt from taxation. A |
180 | county furnishing municipal services may, to the extent |
181 | authorized by law, levy additional taxes within the limits fixed |
182 | for municipal purposes. |
183 | (c) Subject to the limitations provided for in subsection |
184 | (b): |
185 | (1)a. Ad valorem taxes may not be levied in excess of a |
186 | millage rate equal to the rolled-back rate adjusted by the |
187 | percentage change in the Consumer Price Index for all urban |
188 | consumers, U.S. City Average, all items 1982-84 = 100, or |
189 | successor reports, for the 12-month period through June prior to |
190 | the beginning of the fiscal year as initially reported by the |
191 | United States Department of Labor, Bureau of Labor Statistics. |
192 | For purposes of this paragraph, the term "rolled-back rate" |
193 | means a millage rate that, exclusive of new construction, |
194 | additions to structures, deletions, increases in the value of |
195 | improvements that have undergone a substantial rehabilitation |
196 | that increased the assessed value of such improvements by at |
197 | least one hundred percent, and property added due to geographic |
198 | boundary changes, will provide the same ad valorem tax revenue |
199 | for each taxing authority as was levied during the immediately |
200 | preceding year. The rolled-back rate applicable for the year |
201 | tangible personal property is first exempt pursuant to Section 3 |
202 | of this Article or homestead property is first exempt pursuant |
203 | to Section (6)(h) or (i) or Section 19 of this Article shall be |
204 | calculated by using the ad valorem tax revenue levied during the |
205 | immediately preceding year reduced by the taxes levied on the |
206 | property being first exempt. |
207 | b. This paragraph does not apply to taxing authorities |
208 | that have levied ad valorem taxes for less than five years and |
209 | to millage rates required by the legislature to be levied by |
210 | school boards as required local effort from ad valorem taxes. |
211 | (2)a. For the fiscal year beginning October 1, 2008, ad |
212 | valorem taxes may not be levied in excess of the maximum millage |
213 | rate that would have resulted from the application of paragraph |
214 | (1) if paragraph (1) had been in effect beginning on January 1, |
215 | 2004, and had been applied each year up to and including the |
216 | fiscal year beginning October 1, 2007. |
217 | b. A taxing authority that begins levying taxes after |
218 | January 1, 1999, may not levy ad valorem taxes in excess of the |
219 | maximum millage rate that would have resulted from the |
220 | application of paragraph (1) if paragraph (1) had been in effect |
221 | in the fifth full fiscal year in which the authority levied ad |
222 | valorem taxes and had been applied up to and including the |
223 | fiscal year beginning October 1, 2007. |
224 | c. This paragraph does not apply to ad valorem taxes |
225 | levied by school districts and independent special districts as |
226 | defined by general law. By general law and subject to conditions |
227 | specified therein, the legislature shall exempt taxes levied by |
228 | hospital and health care districts, children's services |
229 | districts, fiscally constrained counties, municipalities located |
230 | in a county considered a fiscally constrained county pursuant to |
231 | general law, and municipalities located in a rural area of |
232 | critical economic concern established pursuant to general law |
233 | from the provisions of this paragraph. |
234 | (3) Ad valorem taxes may be levied in excess of the |
235 | limitations provided in this subsection upon approval by a |
236 | unanimous vote of the full membership of the governing body |
237 | adopting the millage rate. |
238 | (4) This subsection does not apply to ad valorem taxes |
239 | levied for the payment of bonds issued pursuant to Section 12 of |
240 | this Article or levied for periods not longer than two years |
241 | when authorized by a vote of the electors. |
242 | (d) The aggregate amount of required local effort for all |
243 | school districts collectively to be raised from ad valorem taxes |
244 | each year may not exceed the aggregate amount required in the |
245 | immediately preceding prior year, adjusted by the percentage |
246 | that additions to the ad valorem tax base represent to the |
247 | entire ad valorem tax base and by the percentage change in the |
248 | Consumer Price Index for all urban consumers, U.S. City Average, |
249 | all items 1982-84 = 100, or successor reports, for the 12-month |
250 | period through June prior to the beginning of the fiscal year as |
251 | initially reported by the United States Department of Labor, |
252 | Bureau of Labor Statistics. For purposes of this subsection, the |
253 | term "additions to the ad valorem tax base" means new |
254 | construction, additions to structures, deletions, increases in |
255 | the value of improvements that have undergone a substantial |
256 | rehabilitation that increased the assessed value of such |
257 | improvements by at least one hundred percent, and property added |
258 | due to geographic boundary changes. |
259 | ARTICLE XII |
260 | SCHEDULE |
261 | SECTION 27. Property tax relief reform; nonseverability.-- |
262 | (a) The amendments to Sections 3, 6, and 9 of Article VII |
263 | and the creation of this section of this constitution contained |
264 | in this revision shall take effect January 1, 2008. |
265 | (b) The amendments to Sections 3, 6, and 9 of Article VII |
266 | of this constitution contained in this revision are not |
267 | severable. If any portion of this revision is held invalid under |
268 | any provision of this constitution, the effect of such |
269 | declaration shall be that the amendments to Sections 3, 6, and 9 |
270 | of Article VII of this constitution contained in this revision |
271 | shall be null, void, and without effect. |
272 |
|
273 |
|
274 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
275 | Remove line(s) 386-416 and insert: |
276 | CONSTITUTIONAL AMENDMENT |
277 | ARTICLE VII, SECTIONS 3, 6, 9 |
278 | ARTICLE XII, SECTION 27 |
279 | PROPERTY TAX EXEMPTIONS; AD VALOREM TAX MILLAGE |
280 | LIMITATION.--Proposing amendment of the State Constitution to |
281 | provide for a $25,000 exemption from ad valorem taxes for |
282 | tangible personal property; to clarify that ad valorem tax |
283 | relief to renters may be provided in the form of tax relief to |
284 | the owner of the property; to provide a methodology for limiting |
285 | increases in ad valorem taxes, including an override by a |
286 | unanimous vote of the governing body levying the millage; to |
287 | limit the aggregate amount of required local effort for all |
288 | school districts collectively; to require that provisions of the |
289 | revision are not severable such that if any are held invalid, |
290 | all will be invalid; and to provide an effective date of January |
291 | 1, 2008. |
292 |
|
293 |
|
294 | ======= T I T L E A M E N D M E N T ======= |
295 | Remove line(s) 3-18 and insert: |
296 | and 9 of Article VII and the creation of Section 27 of |
297 | Article XII of the State Constitution to provide for an ad |
298 | valorem tax exemption for tangible personal property, |
299 | clarify that ad valorem tax relief to renters may be |
300 | provided in the form of tax relief to the owner of the |
301 | property, provide a methodology for limiting increases in |
302 | ad valorem taxes, and provide applicability, |
303 | nonseverability, and an effective date. |