THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 99
Section 1. Article VIII, section 3, of the Constitution
of the State of Montana
is amended to read:
"Section 3.
Property tax administration -- limitation on annual property tax
increases. (1) The
Except as provided in subsection (2), the state shall appraise, assess,
and equalize the valuation of all property which is to be taxed in the manner
provided by law.
(2)(a)
Except as provided in subsection (2)(b), no taxing
jurisdiction may increase property taxes on any owner-occupied residence in
excess of 1.5% a year.
(i) An owner-occupied residence is a home, structure, or
improvement to real property that is continuously occupied by the owner of the
residence as the owner's principal place of residence for more than 180 days
during previous calendar year.
(ii) An
owner-occupied residence includes appurtenant land not exceeding 5 acres.
(iii) An
owner-occupied residence, if part of a multiple-dwelling structure, includes
that portion of the structure occupied as a residence by the owner but does not
include areas owned by others or common areas of the structure.
(b) (i) Except as provided in
subsection (2)(b)(ii), upon a purchase or change of ownership of a residence,
the tax increase limitation of subsection (2)(a) does not apply in the first
tax year of changed ownership. The residence must be taxed based on the greater
of the purchase price or the assessed value of the residence as determined by
the state.
(ii) If
a change in ownership is to a spouse, child, or grandchild of the owner, the
tax limitation of subsection (2)(a) continues to apply
to the residence and tax increases must be limited as if no change in ownership
occurred.
(c)
This section does not prohibit the reduction or elimination of property taxes
on any real property."
Section 2. Applicability. Section 1 initially applies to an increase in
property taxes that are levied on an owner-occupied residence after December 31, 2008
and would limit any increase in property taxes that are levied in tax year
2009.