View Amendment Current Amendment: 4 to Bill 3713 Reps. BINGHAM, MERRILL, AND CLEMMONS propose the following Amendment No. 4 to H. 3713 (COUNCIL\MS\7378AHB11):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION      1.      Section 12-37-3140 of the 1976 Code, as last amended by Act 275 of 2010, is further amended to read:

     "SECTION 12-37-3140.      (A)(1) For property tax years beginning after 2006, the fair market value of real property is its fair market value applicable for the later of:
           (a) the base year, as defined in subsection (C) of this section;
           (b)      subject to the provisions of item (3) of this subsection, December thirty-first of the year in which an assessable transfer of interest has occurred;
           (c)      as determined on appeal; or
           (d)      as it may be adjusted as determined in a countywide reassessment program conducted pursuant to Section 12-43-217, but limited to increases in such value as provided in subsection (B) of this section.
           (2)      To the fair market value of real property as determined at the time provided in item (1) of this subsection, there must be added the fair market value of subsequent improvements and additions to the property.
           (3)      If a parcel of real property which has had no further improvement since the most recent countywide reassessment program was implemented undergoes an assessable transfer of interest, the implementation of the transfer value as determined pursuant to item (1)(b) of this subsection is postponed until the property tax year of implementation of the next countywide assessment program and that transfer value is the value to which the limit on increases in fair market value provided pursuant to subsection (B) of this section applies.
     (B)      Any increase in the fair market value of real property attributable to the periodic countywide appraisal and equalization program implemented pursuant to Section 12-43-217 or as implemented pursuant to subsection (A)(3) of this section is limited to fifteen percent within a five-year period to the otherwise applicable fair market value. This limit must be calculated on the land and improvements as a whole. However, this limit does not apply to the fair market value of additions or improvements to real property in the year those additions or improvements are first subject to property tax, nor do they does the limit apply to the fair market value of real property when an assessable transfer of interest occurred in the year that the transfer value is first subject to tax.
     (C)      For purposes of determining a "base year" fair market value pursuant to this section, the fair market value of real property is its appraised value applicable for property tax year 2007.
     (D)      Real property valued by the unit valuation concept is excluded from the limits provided pursuant to subsection (B) of this section.
     (E)      Value attributable to additions and improvements, and changes in value resulting from assessable transfers of interest occurring in a property tax year are first subject to property tax in the following tax year except as provided pursuant to subsection (A)(3) of this section and Section 12-37-670(B)."

SECTION      2.      This act takes effect upon approval by the Governor and applies for property tax years beginning after 2010. /

Renumber sections to conform.
Amend title to conform.