1 | Representative Domino offered the following: |
2 |
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3 | Amendment (with directory, ballot, and title amendments) |
4 | Remove line(s) 195-201 and insert: |
5 | SECTION 6. Homestead exemptions.-- |
6 | (a) Every person who has the legal or equitable title to |
7 | real estate and maintains thereon the permanent residence of the |
8 | owner, or another legally or naturally dependent upon the owner, |
9 | shall be exempt from taxation thereon, except assessments for |
10 | special benefits, up to the assessed valuation of twenty-five |
11 | thousand dollars and, for all levies other than school district |
12 | levies, on the assessed valuation greater than fifty thousand |
13 | dollars and up to seventy-five thousand dollars, upon |
14 | establishment of right thereto in the manner prescribed by law. |
15 | The real estate may be held by legal or equitable title, by the |
16 | entireties, jointly, in common, as a condominium, or indirectly |
17 | by stock ownership or membership representing the owner's or |
18 | member's proprietary interest in a corporation owning a fee or a |
19 | leasehold initially in excess of ninety-eight years. The |
20 | exemption shall not apply with respect to any assessment roll |
21 | until such roll is first determined to be in compliance with the |
22 | provisions of Section 4 of this Article by a state agency |
23 | designated by general law. This exemption is repealed on the |
24 | effective date of any amendment to this Article which provides |
25 | for the assessment of homestead property at less than just |
26 | value. |
27 | (b) Not more than one exemption shall be allowed any |
28 | individual or family unit or with respect to any residential |
29 | unit. No exemption shall exceed the value of the real estate |
30 | assessable to the owner or, in case of ownership through stock |
31 | or membership in a corporation, the value of the proportion |
32 | which the interest in the corporation bears to the assessed |
33 | value of the property. |
34 | (c) By general law and subject to conditions specified |
35 | therein, the Legislature may provide to renters, who are |
36 | permanent residents, ad valorem tax relief on all ad valorem tax |
37 | levies. Such ad valorem tax relief shall be in the form and |
38 | amount established by general law. |
39 | (d) The legislature may, by general law, allow counties or |
40 | municipalities, for the purpose of their respective tax levies |
41 | and subject to the provisions of general law, to grant an |
42 | additional homestead tax exemption not exceeding fifty thousand |
43 | dollars to any person who has the legal or equitable title to |
44 | real estate and maintains thereon the permanent residence of the |
45 | owner and who has attained age sixty-five and whose household |
46 | income, as defined by general law, does not exceed twenty |
47 | thousand dollars. The general law must allow counties and |
48 | municipalities to grant this additional exemption, within the |
49 | limits prescribed in this subsection, by ordinance adopted in |
50 | the manner prescribed by general law, and must provide for the |
51 | periodic adjustment of the income limitation prescribed in this |
52 | subsection for changes in the cost of living. |
53 | (e) Each veteran who is age 65 or older who is partially |
54 | or totally permanently disabled shall receive a discount from |
55 | the amount of the ad valorem tax otherwise owed on homestead |
56 | property the veteran owns and resides in if the disability was |
57 | combat related, the veteran was a resident of this state at the |
58 | time of entering the military service of the United States, and |
59 | the veteran was honorably discharged upon separation from |
60 | military service. The discount shall be in a percentage equal to |
61 | the percentage of the veteran's permanent, service-connected |
62 | disability as determined by the United States Department of |
63 | Veterans Affairs. To qualify for the discount granted by this |
64 | subsection, an applicant must submit to the county property |
65 | appraiser, by March 1, proof of residency at the time of |
66 | entering military service, an official letter from the United |
67 | States Department of Veterans Affairs stating the percentage of |
68 | the veteran's service-connected disability and such evidence |
69 | that reasonably identifies the disability as combat related, and |
70 | a copy of the veteran's honorable discharge. If the property |
71 | appraiser denies the request for a discount, the appraiser must |
72 | notify the applicant in writing of the reasons for the denial, |
73 | and the veteran may reapply. The Legislature may, by general |
74 | law, waive the annual application requirement in subsequent |
75 | years. This subsection shall take effect December 7, 2006, is |
76 | self-executing, and does not require implementing legislation. |
77 | (f) As provided by general law and subject to conditions |
78 | specified therein, every person who establishes the right to |
79 | receive the homestead exemption provided in subsection (a) |
80 | within one year after purchasing the homestead property and who |
81 | has not owned property in the previous three years to which the |
82 | homestead exemption provided in subsection (a) applied is |
83 | entitled to an additional homestead exemption in an amount equal |
84 | to fifty percent of the homestead property's just value on |
85 | January 1 of the year the homestead is established. The amount |
86 | of the additional exemption shall not exceed two-hundred-fifty |
87 | thousand dollars and shall be reduced in each subsequent year by |
88 | an amount equal to twenty percent of the amount of the |
89 | additional exemption received in the year the homestead was |
90 | established or by an amount equal to the difference between the |
91 | just value of the property and the assessed value of the |
92 | property determined under Section 4(d) of this Article, |
93 | whichever is greater. Not more than one exemption provided under |
94 | this subsection shall be allowed per homestead property. The |
95 | additional exemption shall apply to property purchased after |
96 | January 1, 2010, but shall not be available in the sixth and |
97 | subsequent years after the additional exemption is first |
98 | received. |
99 | ARTICLE XII |
100 | SCHEDULE |
101 | SECTION 31. Property tax limit for nonhomestead |
102 | property.--The amendment to Section 4 of Article VII reducing |
103 | the limit on the maximum annual increase in the assessed value |
104 | of nonhomestead property from ten percent to five percent and |
105 | this section shall take effect January 1, 2011. |
106 | SECTION 32. Additional homestead exemption for first-time |
107 | homestead property owners.--The amendment to Section 6 of |
108 | Article VII providing for an additional homestead exemption for |
109 | first-time homestead property owners and this section shall take |
110 | effect January 1, 2011, and shall be available for properties |
111 | purchased on or after January 1, 2010. |
112 |
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113 |
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114 | ----------------------------------------------------- |
115 | D I R E C T O R Y A M E N D M E N T |
116 | Remove line(s) 11-12 and insert: |
117 | That the following amendments to Sections 4 and 6 of |
118 | Article VII and the creation of Sections 31 and 32 of Article |
119 | XII of the State |
120 |
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121 |
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122 | ----------------------------------------------------- |
123 | B A L L O T A M E N D M E N T |
124 | Remove lines 205-211 and insert: |
125 | ARTICLE VII, SECTIONS 4, 6 |
126 | ARTICLE XII, SECTIONS 31, 32 |
127 | REDUCTION IN LIMITATION ON NONHOMESTEAD PROPERTY ANNUAL |
128 | ASSESSMENT INCREASES; ADDITIONAL HOMESTEAD EXEMPTION FOR FIRST- |
129 | TIME HOMESTEAD PROPERTY OWNERS.--Proposing an amendment to the |
130 | State Constitution to: |
131 | (1) Reduce from 10 percent to 5 percent the limitation on |
132 | annual increases in assessments of nonhomestead real property |
133 | and provide an effective date of January 1, 2011. |
134 | (2) Provide first-time homestead property owners with an |
135 | additional homestead exemption equal to 50 percent of the |
136 | property's just value in the first year, limited to $250,000; |
137 | reduce the amount of the additional exemption in each succeeding |
138 | year for five years by the greater of 20 percent of the amount |
139 | of the initial additional exemption or the difference between |
140 | the just value and the assessed value of the property; limit the |
141 | additional exemption to one per homestead property; prohibit the |
142 | additional exemption if any owner of the property owned property |
143 | in the previous 3 years that received the homestead exemption; |
144 | limit the additional exemption to properties purchased after |
145 | January 1, 2010; prohibit availability of the additional |
146 | exemption in the sixth and subsequent years after the additional |
147 | exemption is granted; and provide for the amendment to take |
148 | effect January 1, 2011, and apply to properties purchased on or |
149 | after January 1, 2010. |
150 |
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151 | ----------------------------------------------------- |
152 | T I T L E A M E N D M E N T |
153 | Remove line(s) 2-7 and insert: |
154 | A joint resolution proposing an amendment to Sections 4 |
155 | and 6 of Article VII and the creation of Sections 31 and |
156 | 32 of Article XII of the State Constitution to reduce from |
157 | 10 percent to 5 percent the limitation on annual |
158 | assessment increases applicable to nonhomestead real |
159 | property, provide an additional homestead exemption for |
160 | first-time homestead property owners and provide |
161 | application, and provide effective dates. |