Oklahoma Property Tax Amendment, State Question 758 (2012)

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State Question 758
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Type:Constitutional amendment
Constitution:Section 8B, Article 10
Referred by:Oklahoma State Legislature
Topic:Taxes
Status:Approveda
An Oklahoma Property Tax Amendment, also known as State Question 758, was on the November 6, 2012 ballot in the state of Oklahoma as a legislatively-referred constitutional amendment, where it was approved. The measure prevented annual increases in property taxes in the state. According to reports, there were two House measures being considered in 2011 state legislative session, as well as one Senate proposal. The measure that was on the ballot was HJR 1002, which would put a 3 percent annual cap on future property tax increases, if approved by voters.

A proposed Senate bill, SJR 5, was similar to HRJ 1002, in that it would also place a 3 percent annual cap. The other measure, HJR 1001, would put a permanent freeze on property tax levels for senior citizens who exceeded 65 years of age. HJR 1001 was considered for the ballot, at least during 2011 state legislative session. The measure did not meet an April 14, 2011 deadline for consideration. State Representative David Dank was the sponsor of both House measures, while State Senator Jim Reynolds was the sponsor of the Senate bill.[1][2][3]

Election results

See also: 2012 ballot measure election results

The following are official election results

Oklahoma State Question 758
ResultVotesPercentage
Approveda Yes 858,081 67.7%
No409,0432.3%

These results are from the Oklahoma State Elections Board.

Text of the measure

Ballot language

The ballot language of the measure read as follows:[4]

This measure amends the State Constitution. It amends Section 8B of Article 10.

The measure deals with real property taxes also called ad valorem taxes. These taxes are based on several factors. One factor is the fair cash value of the property.

The measure changes the limits on increases in fair cash value. Now, increases are limited to 5% of fair cash value in any taxable year.

The measure changes the cap on increases to 3% for some property. The 3% cap would apply to homestead exempted property. The cap would also apply to agricultural land.

The measure also removes obsolete language.

Shall the proposal be approved?[5]

Support

  • According to a post by Americans for Tax Reform, when speaking about this measure and State Question 766, "If passed, both measures will help increase economic growth and provide Oklahomans with some much needed relief in mid the current economic uncertainty. Prohibiting the taxation of intangible property and capping property tax increases to three percent is necessary to assist Oklahoma in a full economic recovery.[6]

Opposition

No opposition has been found at this time.

Path to the ballot

The Oklahoma State Legislature can approve a proposed amendment by a majority vote. However, if the state legislature wants the proposed amendment to be placed on a special election ballot, it has to approve the amendment by a 2/3rds vote. The Oklahoma State Senate voted in favor of sending HJR 1002 to the ballot with a vote of 26-19 during the week of April 11, 2011, sending it to the Oklahoma House of Representatives for consideration. There, it was passed with a vote of 77-16 on April 20, 2011, therefore approving its ballot access.

HJR 1001

On February 23, 2011, the House Rules Committee approved HJR 1001 with a vote of 12-1, and HJR 1002 with a vote of 11-2. The measures then headed to the full House for debate. On March 12, 2011, HJR 1001 was approved by the Oklahoma House of Representatives with a full vote of 82-13. The measure then headed to the Oklahoma State Senate for a similar vote, however HJR 1001 did not meet a deadline to be considered by the chamber.[1][7]

Timeline

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The following is a timeline of events surrounding the measure:

Event Date Developments
Approval Apr. 11, 2011 Oklahoma State Senate voted 26 to 19 to approve the measure.
Final Approval Apr. 20, 2011 House approved measure for ballot access, 77 to 16.

See also

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References