71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 4136
 
                   Senate Joint Resolution 41
 
Sponsored by COMMITTEE ON RULES AND REDISTRICTING
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Proposes amendment to Oregon Constitution to exempt primary
residence of senior citizen from property tax. Limits amount of
exemption and types of property taxes for which exemption
applies.  Requires Legislative Assembly to enact laws to ensure
that senior citizen renters achieve relief economically
comparable to that granted to owners. Provides phase-in for
exemption over four-year period.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.
 
                        JOINT RESOLUTION
  Whereas senior citizens have given a lifetime of service to
their communities, providing as taxpayers the revenues necessary
to fund such essential services as schools, parks, libraries and
police and fire protection; and
  Whereas people are not truly secure in their own homes when
they must pay property taxes, often running to thousands of
dollars each year, to keep their homes from being taken in
foreclosure; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating new sections 12, 12a and 12b to be added to and made
a part of Article XV, such sections to read:
   { +  SECTION 12. + }  { +  Senior Citizen Property Tax
Relief. + }  { +  (1) The primary residence of a senior citizen
who is 65 years of age or older on the assessment date shall be
exempt from ad valorem property tax.
  (2) The exemption allowed in subsection (1) of this section
does not apply:
  (a) To that portion of the assessed value of the primary
residence that exceeds 150 percent of the assessed value of the
average single-family residence in the county in which the
primary residence is located; and
  (b) To the following property taxes, if approved by electors
prior to the effective date of this section:
  (A) Local option taxes; and
  (B) Taxes that are exempt from limitation under section 11 (5)
or (11)(d), Article XI of this Constitution.
  (3) The Legislative Assembly shall enact laws to ensure that a
senior citizen who rents a primary residence in this state but
does not own the primary residence achieves relief that is
economically comparable to that provided to a senior citizen who
owns a primary residence.
  (4)(a) A senior citizen may obtain an exemption under this
section for no more than one residence in this state at any one
time.
  (b) A primary residence qualifies for exemption under this
section if it is jointly owned and occupied by a senior citizen
and the spouse of the senior citizen, even if the spouse is less
than 65 years of age on the assessment date.
  (5) As used in this section, 'primary residence':
  (a) Means real or personal property occupied as a dwelling
unit;
  (b) Includes, in the case of a real property single-family
primary residence, the land underneath and around the dwelling
unit, not in excess of one acre; and
  (c) Includes, in the case of a condominium, cooperative or
other association of dwelling units, the dwelling unit and that
portion of the common property proportionally allocable to the
dwelling unit. + }
   { +  SECTION 12a. + }  { +  Phase-in Period.  + }  { +  (1)
Notwithstanding section 12 of this Article, the property tax
exemption otherwise allowable under section 12 of this Article
shall be determined according to the following schedule:
  (a) For the tax year beginning July 1, 2003, the primary
residence of a senior citizen who is 80 years of age or older on
the assessment date shall be allowed the entire exemption
determined under section 12 of this Article. The primary
residence of any other senior citizen shall be allowed 25 percent
of the exemption determined under section 12 of this Article.
  (b) For the tax year beginning July 1, 2004, the primary
residence of a senior citizen who is 75 years of age or older on
the assessment date shall be allowed the entire exemption
determined under section 12 of this Article. The primary
residence of any other senior citizen shall be allowed 40 percent
of the exemption determined under section 12 of this Article.
  (c) For the tax year beginning July 1, 2005, the primary
residence of a senior citizen who is 70 years of age or older on
the assessment date shall be allowed the entire exemption
determined under section 12 of this Article. The primary
residence of any other senior citizen shall be allowed 60 percent
of the exemption determined under section 12 of this Article.
  (d) For the tax year beginning July 1, 2006, the primary
residence of a senior citizen who is 67 years of age or older on
the assessment date shall be allowed the entire exemption
determined under section 12 of this Article. The primary
residence of any other senior citizen shall be allowed 75 percent
of the exemption determined under section 12 of this Article.
  (2) This section is repealed on July 1, 2007. The repeal of
this section does not alter a senior citizen primary residence
exemption determined under this section and section 12 of this
Article in a tax year beginning prior to July 1, 2007. + }
   { +  SECTION 12b. + }  { +  Leadlines. (1) The leadlines set
forth in this section and sections 12 and 12a of this Article are
provided for the convenience of the reader and do not become part
of this Constitution or express any intent on the part of the
people in adopting this section and sections 12 and 12a of this
Article.
  (2) This section is repealed on June 30, 2003. + }
 
  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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