Arizona Eligibility for Property Valuation Protection Program, Proposition 102 (2002)

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Proposition 102 was on the November 5, 2002 ballot in Arizona as a legislatively-referred state statute. It was approved.[1]

The proposition established that multiple owners with income exceeding $32,700 should not be eligible for the state's property valuation protection option. The property valuation protection option was established by a ballot measure in 2000.

Election results

Eligibility for Property Valuation Protection Program
ResultVotesPercentage
Approveda Yes 907,410 80.4%
No221,28119.6%
Election results from Arizona Elections Department.

Text of measure

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

In 2000, a majority of the voters approved a ballot measure which amended the Arizona Constitution to allow qualifying senior citizens to freeze the value of their primary residences for property tax purposes. To qualify for the property valuation protection option, the property owner must be an Arizona resident who is at least sixty-five years old, must have lived in the residence for at least two years, and must have an income that does not exceed 400% of the supplemental security income (SSI) benefit rate. If two or more persons own the property, the owners' combined income may not exceed 500% of the SSI benefit rate. Qualifying property owners must reapply for the protection option every three years.

Since the implementation of the 2000 ballot measure, there has been some confusion over the proper income level to use when two or more persons own a property. The Social Security Act prescribes two SSI benefit rates: a benefit rate for individuals and a benefit rate for two or more persons. Under the 2000 ballot measure, it was unclear whether the qualifying income level of multiple owners should be 500% of the SSI benefit rate for individuals or 500% of the SSI benefit rate for two or more persons. In 2002, the qualifying income limit for multiple owners is $32,700 when using the SSI benefit rate for individuals and $49,020 when using the SSI benefit rate for two or more persons. By specifically referring to section 1611(b)(1) of the Social Security Act, Proposition 102 clarifies that the qualifying income limit for multiple owners would be determined by using 500% of the SSI benefit rate for individuals. Therefore, under Proposition 102, multiple owners who have an income that exceeds $32,700 would not be eligible for the property valuation protection option. Proposition 102 also clarifies that property owners must apply or reapply to the county assessor for the property valuation protection option on or before September 1 of the applicable year. The assessor must notify the resident whether the application is accepted or denied by December 1. If the property owner files the application after September 1, the assessor shall process the application for the following year. (1155)[2]

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