HOUSE JOINT RESOLUTION LL

January 22, 2008, Introduced by Reps. David Law, Rick Jones, Caul, Meltzer, Calley, Horn, Pavlov, Knollenberg, Moore, Stahl, Steil, Nitz, Agema, Pearce, Opsommer, Hoogendyk, Nofs, Hansen, Elsenheimer and Huizenga and referred to the Committee on Tax Policy.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 3 of article IX, to limit

 

the increase in taxable value of real property under certain

 

circumstances.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to limit the increase in taxable value of

 

real property under certain circumstances, is proposed, agreed to,

 

and submitted to the people of the state:

 

ARTICLE IX

 

     Sec. 3. The legislature shall provide for the uniform general

 

ad valorem taxation of real and tangible personal property not

 

exempt by law except for taxes levied for school operating


 

purposes. The legislature shall provide for the determination of

 

true cash value of such property; the proportion of true cash value

 

at which such property shall be uniformly assessed, which shall

 

not, after January 1, 1966, exceed 50 percent; and for a system of

 

equalization of assessments. For taxes levied in 1995 and each year

 

thereafter, the legislature shall provide that the taxable value of

 

each parcel of property adjusted for additions and losses, shall

 

not increase each year by more than the increase in the immediately

 

preceding year in the general price level, as defined in section 33

 

of this article, or 5 percent, whichever is less until ownership of

 

the parcel of property is transferred. However, for taxes levied

 

after 2007, the legislature shall provide that if a property's

 

assessed value has increased by less than both the general price

 

level and 5 percent, adjusted for additions and losses, the

 

property's taxable value in the immediately succeeding year shall

 

increase by that same percentage increase in the property's

 

assessed value and if a property's assessed value has decreased,

 

adjusted for additions and losses, the property's taxable value in

 

the immediately succeeding year shall be the property's taxable

 

value in the immediately preceding year. When ownership of the

 

parcel of property is transferred as defined by law, the parcel

 

shall be assessed at the applicable proportion of current true cash

 

value. The legislature may provide for alternative means of

 

taxation of designated real and tangible personal property in lieu

 

of general ad valorem taxation. Every tax other than the general ad

 

valorem property tax shall be uniform upon the class or classes on

 

which it operates. A law that increases the statutory limits in


 

effect as of February 1, 1994 on the maximum amount of ad valorem

 

property taxes that may be levied for school district operating

 

purposes requires the approval of 3/4 of the members elected to and

 

serving in the Senate and in the House of Representatives.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.