Senate Concurrent Resolution 525

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 112 OF THE MISSISSIPPI CONSTITUTION OF 1890 TO PROVIDE THAT IF THE PRIMARY RESIDENCE OF A PERSON IS SINGLE-FAMILY, OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY LOCATED IN THIS STATE AND THE PERSON OWNS OTHER SINGLE-FAMILY, OWNER-OCCUPIED, RESIDENTIAL REAL PROPERTY IN THIS STATE, THE PRIMARY RESIDENCE OF THE PERSON AND ONE OTHER OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY OF THE PERSON'S CHOOSING MAY BE CLASSIFIED AS CLASS I; TO PROVIDE THAT IF THE PROPERTY CHOSEN IS FOR SALE, THAT PROPERTY MAY RETAIN ITS CLASS I CLASSIFICATION ONLY FOR 12 MONTHS AFTER THE DATE IT IS PUT ON SALE.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 112, Mississippi Constitution of 1890, to read as follows:

Section 112. Taxation shall be uniform and equal throughout the state. All property not exempt from ad valorem taxation shall be taxed at its assessed value. Property shall be assessed for taxes under general laws, and by uniform rules, and in proportion to its true value according to the classes defined herein. The Legislature may, by general laws, exempt particular species of property from taxation, in whole or in part.

The Legislature shall provide, by general laws, the method by which the true value of taxable property shall be ascertained; provided, however, in arriving at the true value of Class I and Class II property, the appraisal shall be made according to current use, regardless of location. The Legislature may provide for a special mode of valuation and assessment for railroads, and railroad and other corporate property, or for particular species of property belonging to persons, corporations or associations not situated wholly in one (1) county. All such property shall be assessed in proportion to its value according to its class, and no county, or other taxing authority, shall be denied the right to levy county and/or special taxes upon such assessment as in other cases of property situated and assessed in the county, except that the Legislature, by general law, may deny or limit a county or other taxing authority the right to levy county and/or special taxes on nuclear-powered electrical generating plants. In addition to or in lieu of any such county and/or special taxes on nuclear-powered electrical generating plants, the Legislature, by general law enacted by a majority vote of the members of each house present and voting, may provide for a special mode of valuation, assessment and levy upon nuclear-powered electrical generating plants and provide for the distribution of the revenue derived therefrom. The Legislature may provide a special mode of assessment, fixing the taxable year, date of the tax lien, and method and date of assessing and collecting taxes on all motor vehicles.

The assessed value of property shall be a percentage of its true value, which shall be known as its assessment ratio. The assessment ratio on each class of property as defined herein shall be uniform throughout the state upon the same class of property, provided that the assessment ratio of any one (1) class of property shall not be more than three (3) times the assessment ratio on any other class of property. For purposes of assessment for ad valorem taxes, taxable property shall be divided into five (5) classes and shall be assessed at a percentage of its true value as follows:

Class I. Single-family, owner-occupied, residential real property, at ten percent (10%) of true value.

Class II. All other real property, except for real property included in Class I or IV, at fifteen percent (15%) of true value.

Class III. Personal property, except for motor vehicles and for personal property included in Class IV, at fifteen percent (15%) of true value.

Class IV. Public utility property, which is property owned or used by public service corporations required by general laws to be appraised and assessed by the state or the county, excluding railroad and airline property and motor vehicles, at thirty percent (30%) of true value.

Class V. Motor vehicles, at thirty percent (30%) of true value.

If the primary residence of a person is a single-family, owner-occupied residential real property located in this state and the person owns other single-family, owner-occupied, residential real property in this state, the primary residence of the person and one (1) other owner-occupied residential real property of the person's choosing may be classified as Class I; however, if the property chosen is for sale, that property may retain its Class I classification for only twelve (12) months after the date it is put on sale.

The Legislature may, by general law, establish acreage limitations on Class I property.

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2014, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment allows one single-family, owner-occupied real property that is not the primary residence of the owner to be classified as Class I but limits the classification to a period of twelve months if the property is for sale."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi is hereby directed to submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.