Read the full stored bill text
SECOND REGULAR SESSION
SENATE JOINT RESOLUTION NO. 73
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
5339S.03I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article X of the Constitution of
Missouri, by adding thereto one new section relating to property taxes.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article X of the 6
Constitution of the state of Missouri:7
Section A. Article X, Constitution of Missouri, is amended 1
by adding thereto one new section, to be known as section 27, 2
to read as follows:3
Section 27. 1. This section shall be known and may be 1
cited as the "Missouri Homestead Act". 2
2. As used in this section, the following terms shall 3
mean: 4
(1) "Five-year tax liability", the amount of real 5
property tax liability owed on a taxpayer's homestead to all 6
taxing jurisdictions in the year in which the taxpayer 7
initially claims an exemption pursuant to this section, 8
multiplied by five; 9
(2) "Homestead", real property actually occupied by a 10
taxpayer as the taxpayer's primary residence. A taxpayer 11
SJR 73 2
shall not claim more than one primary residence as a 12
homestead; 13
(3) "Taxpayer", a Missouri resident who: 14
(a) Is an owner of record of a homestead or has a 15
legal or equitable interest in such property as evidenced by 16
a written instrument; and 17
(b) Is liable for the payment of real property taxes 18
on such homestead. 19
3. (1) Notwithstanding any provision of this article 20
to the contrary, for all calendar years beginning on or 21
after January 1, 2027, a taxpayer shall be authorized to 22
claim an exemption from real property taxes imposed on the 23
taxpayer's homestead if: 24
(a) The homestead is not encumbered by a mortgage lien; 25
(b) The taxpayer is not delinquent on any taxes owed 26
either to the state or to a political subdivision of the 27
state; and 28
(c) The taxpayer has paid the taxpayer's five-year tax 29
liability. 30
(2) To claim an exemption pursuant to this section, 31
the taxpayer shall provide notice to the county collector by 32
no later than September first, with such notice to be on a 33
form to be provided by the collector. Upon the filing of 34
such notice along with evidence that the taxpayer has 35
satisfied the provisions of subdivision (1) of this 36
subsection, the taxpayer's homestead shall be exempt from 37
property taxation for as long as the taxpayer owns the 38
homestead. 39
(3) An exemption granted pursuant to this section 40
shall be void if: 41
(a) The taxpayer sells or otherwise disposes of the 42
property such that it no longer qualifies as a homestead; or 43
SJR 73 3
(b) The taxpayer notifies the collector by no later 44
than September first that the taxpayer wishes to void the 45
exemption, upon which the taxpayer shall be liable for real 46
property taxes on the homestead as if the homestead was 47
never exempt from property taxation. 48
4. (1) There is hereby established in the state 49
treasury the "Homestead Preservation Fund", which shall 50
consist of moneys collected pursuant to this section, as 51
well as of any moneys appropriated by the general assembly. 52
The state treasurer shall be custodian of the fund. The 53
fund shall be a dedicated fund and money in the fund shall 54
be used solely for the purposes of reimbursing taxing 55
jurisdictions for any revenue lost as a result of property 56
tax exemptions granted pursuant to this section. Any moneys 57
remaining in the fund at the end of the biennium shall 58
remain in the fund. The state treasurer shall invest moneys 59
in the fund in the same manner as other funds are invested. 60
Any interest and moneys earned on such investments shall be 61
credited to the fund. 62
(2) In addition to any other state sales tax imposed 63
by general law, an additional one-tenth of one percent is 64
hereby levied and imposed upon all sellers for the privilege 65
of selling tangible personal property or rendering taxable 66
services at retail in this state upon the sales and services 67
which now are or hereafter are listed and set forth in, and, 68
except as to the amount of tax, subject to the provisions of 69
and to be collected as provided in the "Sales Tax Law" and 70
subject to the rules and regulations promulgated in 71
connection therewith; and an additional use tax of one-tenth 72
of one percent is levied and imposed for the privilege of 73
storing, using, or consuming within this state any article 74
of tangible personal property as set forth and provided in 75
SJR 73 4
the "Compensating Use Tax Law" and, except as to the amount 76
of the tax, subject to the provisions of and to be collected 77
as provided in the "Compensating Use Tax Law" and subject to 78
the rules and regulations promulgated in connection 79
therewith. All revenues derived from such tax shall be 80
deposited in the homestead preservation fund and shall stand 81
appropriated for the purpose of providing reimbursement to 82
taxing jurisdictions for any revenue lost as a result of 83
property tax exemptions granted pursuant to this section. 84
(3) (a) Any taxing jurisdiction granting a tax 85
exemption pursuant to this section may annually apply to the 86
commission established by section 14 of this article for 87
reimbursement for revenues lost due to the granting of such 88
tax exemption. The application shall indicate the total 89
number of property tax exemptions granted to taxpayers 90
residing in the taxing jurisdiction during the tax year, 91
along with the amount of property tax owed to such taxing 92
jurisdiction in the initial year that the tax exemption was 93
granted for such taxpayers. The aggregate amount of such 94
property tax liabilities shall be the reimbursement amount 95
for the taxing jurisdiction for that tax year. 96
(b) In lieu of a taxing jurisdiction applying for 97
reimbursement pursuant to this subsection, a county may 98
jointly apply for reimbursement for the county and all 99
taxing jurisdictions located in the county. 100
5. (1) A taxpayer owning a homestead and receiving a 101
property tax exemption pursuant to this section shall have 102
the right to: 103
(a) Possess the homestead and use it for all lawful 104
purposes; 105
SJR 73 5
(b) Exclude others from the homestead, including by 106
revoking consent to enter, and to pursue all remedies in law 107
or equity for trespass; 108
(c) Enjoy the fruits and profits of the homestead as 109
provided in state law; and 110
(d) Convey, devise, or encumber the homestead as 111
permitted by state and local law. 112
(2) The provisions of this subsection shall not be 113
construed to: 114
(a) Impair the validity or enforcement of recorded 115
easements, rights-of-way, covenants, conditions, or 116
restrictions, or of mortgages, deeds of trust, or other 117
consensual security interests; 118
(b) Prohibit lawful entry by law enforcement officers, 119
firefighters, emergency medical personnel, process servers 120
when authorized by law, or public utility personnel for 121
meter reading, maintenance, or emergency work with 122
reasonable notice when practicable; 123
(c) Alter criminal statutes governing trespass or 124
civil actions for nuisance or waste; or 125
(d) Preempt, limit, or impair the lawful authority of 126
cities, towns, villages, or special districts to adopt and 127
enforce ordinances or regulations consistent with state law, 128
including land-use, building, property maintenance, or 129
public safety codes. 130
✓