EHJR 4204 -
By Senator Hargrove
NOT ADOPTED 04/12/2007
Strike everything after 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 initial 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)) remodeling of school facilities or fire facilities may
provide such support for a period not exceeding six years.
Notwithstanding any other provision of this subsection, a proposition
under this subsection to levy an additional tax for a school district
shall be authorized by a majority of the voters voting on the
proposition, regardless of the number of voters voting on the
proposition, if the proposition is approved at the general election, in
which case the proposition to levy such additional tax shall be
submitted not more than fourteen months before the date on which the
proposed initial levy is to be made and not oftener than twice during
the fourteen-month period beginning with the general election at which
the proposition was first submitted. However, a proposition to levy an
additional tax for a school district may be submitted at the 2008
general election if the proposition has been submitted no more than
three times in such fourteen-month period;
(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: Allows simple majority for a school district levy when the proposition is approved at the November general election. Changes the window between levy passage and when the levy goes into effect from twelve months to fourteen months. Because the conversion to the November general election for simple majority might cause the need for an additional levy election for a select group of school districts in calendar year 2008, provisions are included to allow three elections for calendar year 2008.