SSJR 8202 -
By Senator Oke
NOT ADOPTED 03/16/2005
On page 1, line 6, after "2" strike "and Article VIII, section 6"
Strike everything after "follows:" on page 1, line 7, and insert
the following:
"Article VII, section 2. Except as hereinafter provided and
notwithstanding any other provision of this Constitution, the aggregate
of all tax levies upon real and personal property by the state and all
taxing districts now existing or hereafter created, shall not in any
year exceed one percent of the true and fair value of such property in
money: Provided, however, That nothing herein shall prevent levies at
the rates now provided by law by or for any port or public utility
district. The term "taxing district" for the purposes of this section
shall mean any political subdivision, municipal corporation, district,
or other governmental agency authorized by law to levy, or have levied
for it, ad valorem taxes on property, other than a port or public
utility district. Such aggregate limitation or any specific limitation
imposed by law in conformity therewith may be exceeded only as follows:
(a) By any taxing district when specifically authorized so to do by
a majority of at least three-fifths of the voters of the taxing
district voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on which the
proposed levy is to be made and not oftener than twice in such twelve
month period, either at a special election or at the regular election
of such taxing district, at which election the number of voters voting
"yes" on the proposition shall constitute three-fifths of a number
equal to forty percent of the total number of voters voting in such
taxing district at the last preceding general election when the number
of voters voting on the proposition does not exceed forty percent of
the total number of voters voting in such taxing district in the last
preceding general election; or by a majority of at least three-fifths
of the voters of the taxing district voting on the proposition to levy
when the number of voters voting on the proposition exceeds forty
percent of the number of voters voting in such taxing district in the
last preceding general election: Provided, That notwithstanding any
other provision of this Constitution, any proposition pursuant to this
subsection to levy additional tax for the support of the common schools
or fire protection districts may provide such support for a period of
up to four years and any proposition to levy an additional tax to
support the construction, modernization, or remodelling of school
facilities or fire facilities may provide such support for a period not
exceeding six years: Provided further, That a proposition under this
subsection to levy an additional tax for the maintenance and operation
of the common schools for a period of up to four years, not including
levies for transportation purposes, shall be authorized by a majority
of the voters voting on the proposition if the proposition is approved
at a general election;
(b) By any taxing district otherwise authorized by law to issue
general obligation bonds for capital purposes, for the sole purpose of
making the required payments of principal and interest on general
obligation bonds issued solely for capital purposes, other than the
replacement of equipment, when authorized so to do by majority of at
least three-fifths of the voters of the taxing district voting on the
proposition to issue such bonds and to pay the principal and interest
thereon by annual tax levies in excess of the limitation herein
provided during the term of such bonds, submitted not oftener than
twice in any calendar year, at an election held in the manner provided
by law for bond elections in such taxing district, at which election
the total number of voters voting on the proposition shall constitute
not less than forty percent of the total number of voters voting in
such taxing district at the last preceding general election: Provided,
That any such taxing district shall have the right by vote of its
governing body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the interest
thereon and amortization thereof by annual levies in excess of the tax
limitation provided for herein, And provided further, That the
provisions of this section shall also be subject to the limitations
contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of
preventing the impairment of the obligation of a contract when ordered
so to do by a court of last resort.
BE IT FURTHER RESOLVED, That the secretary of state shall cause
notice of this constitutional amendment to be published at least four
times during the four weeks next preceding the election in every legal
newspaper in the state."
EFFECT: This amendment would apply the simple majority requirement to maintenance and operations levies only, if the proposition is approved at a general election. Bond, capital, and transportation levies would continue to have the 60 percent approval requirement with 40 percent validation.