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Nebraska Amendment 1, Changes to Property Tax Regulations Measure (May 1992)
| Nebraska Amendment 1 | |
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| Election date |
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| Topic Property and Taxes |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Nebraska Amendment 1 was on the ballot as a legislatively referred constitutional amendment in Nebraska on May 12, 1992. It was approved.
A "yes" vote supported amending the state constituton to separate tangible personal property from the uniform and proportionate provision that applied to real property and provide for separate classification of property and franchises. |
A "no" vote opposed amending the state constituton to separate tangible personal property from the uniform and proportionate provision that applied to real property and provide for separate classification of property and franchises. |
Election results
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Nebraska Amendment 1 |
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| Result | Votes | Percentage | ||
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204,147 | 56.70% | ||
| No | 155,918 | 43.30% | ||
Text of measure
Ballot title
The ballot title for Amendment 1 was as follows:
| “ | A constitutional amendment to separate tangible personal property from the uniform and proportionate provision applicable to real property, to provide for the valuation of taxable tangible personal property at depreciated cost or at actual value uniformly and proportionately, to provide for the separate classification of property and franchises protected by federal law, to harmonize a provision relating to the limitation on county taxes, and to provide that legislation passed in the regular 1992 legislative session shall be effective January 1, 1992, and is ratified and confirmed by this amendment. [ ] For [ ] Against | ” |
Ballot summary
The ballot summary for this measure was:
| “ |
A vote FOR this proposal will provide: (1) that the uniformity clause (property taxes to be levied by valuation uniformly and proportionately) would henceforth apply to real property as defined by the Legislature, except as otherwise provided by the constitution, rather than to all tangible property, personal as well as real, except for reasonable exemptions allowed by the constitution; (2) that tangible personal property, as defined by the Legislature and not exempt from taxation, would henceforth be all taxed either at its depreciated cost, using the same depreciation method for all personal property, with reasonable class lives as determined by the Legislature, or by valuation uniformly and proportionately; (3) that property protected by federal law from discriminatory state or local taxation would constitute a separate class of property for tax purposes and would be exempt from the uniformity clause, and would authorize the Legislature to enact laws recognizing such property and tax or exempt it from taxation as it would determine; (4) that the property tax rate levied for a governmental subdivision shall be the same for all taxed classes of personal and real property; (5) that the Legislature may exempt inventory from taxation, and define and classify personal property, whether by type, use, user, or owner, and exempt any such class or classes of property from taxation if such exemption is reasonable; (6) that the present limit on the aggregate taxes which may be made by county authorities will be changed from fifty cents per $100 actual valuation to fifty cents per $100 of taxable value; and that (7) the constitutional amendments outlined above would be effective from and after January 1, 1992, and that revenue legislation enacted in the regular 1992 legislative session, not inconsistent with the constitution as amended, shall be considered ratified and confirmed by these amendments and need not be reenacted by the Legislature. A vote AGAINST this proposal will: (1) leave both real property and tangible personal property subject to the uniformity clause; (2) prohibit the Legislature from valuing and taxing for property tax purposes non-exempt tangible personal property on a depreciated cost basis; (3) not specifically authorize the Legislature to create as a separate class for tax or tax exempt purposes property protected by federal law from discriminatory state and local taxation; (4) not specifically authorize the exemption of inventory; (5) not specifically authorize the Legislature to classify all other tangible personal property and exempt the classes from taxation if such exemption is reasonable; and would not trigger the implementation of certain provisions of revenue laws (that is, LB 1063 providing the new system for the taxation of tangible personal property) enacted during the 1992 regular legislative session. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the Nebraska Constitution
A 60% supermajority vote is required during one legislative session for the Nebraska State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 30 votes in the unicameral legislature, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. A simple majority vote is required for voter approval. However, the number of affirmative votes cast for the measure must be greater than 35% of the total votes cast in the election. This also applies to citizen initiatives.
See also
External links
Footnotes
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State of Nebraska Lincoln (capital) |
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