HOUSE JOINT RESOLUTION I

 

February 11, 2009, Introduced by Reps. Meltzer, Horn, Knollenberg, Tyler, Lori, DeShazor, Genetski, Lund and McMillin 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 2009, the legislature shall provide that upon a transfer of

 

ownership of property, the property's taxable value for the

 

calendar year following the year of the transfer is the property's

 

state equalized valuation for the calendar year following the

 

transfer multiplied by a fraction the numerator of which is the

 

total taxable value of all real property sold in the local tax

 

collecting unit for the calendar year in which the transfer

 

occurred and the denominator of which is the total state equalized

 

valuation of all real property sold in the local tax collecting

 

unit for the calendar year in which the transfer occurred. 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.