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Arkansas House Bill HB1911

Arkansas 2025 Regular Session

Arkansas House Bill HB1911 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1911 3
66 4
77 By: Representative Lundstrum 5
88 By: Senator J. Bryant 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO AMEND THE LAW CONCERNING THE ASSESSMENT OF 9
1212 PROPERTY FOR THE PURPOSE OF PROPERTY TAX; TO REPEAL 10
1313 THE REQUIREMENT THAT PERSONAL PROPERTY SUBJECT TO 11
1414 TAXATION BE LISTED OR REPORTED BY THE PROPERTY OWNER; 12
1515 AND FOR OTHER PURPOSES. 13
1616 14
1717 15
1818 Subtitle 16
1919 TO AMEND THE LAW CONCERNING THE 17
2020 ASSESSMENT OF PROPERTY FOR THE PURPOSE 18
2121 OF PROPERTY TAX; AND TO REPEAL THE 19
2222 REQUIREMENT THAT PERSONAL PROPERTY 20
2323 SUBJECT TO TAXATION BE LISTED OR 21
2424 REPORTED BY THE PROPERTY OWNER. 22
2525 23
2626 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2727 25
2828 SECTION 1. Arkansas Code § 26-26-201(a)(2)(A), concerning delinquent 26
2929 property assessments, is amended to read as follows: 27
3030 (2)(A) All persons and property not listed for assessment 28
3131 assessed with the county assessor on or before May 31 of the year in which 29
3232 the assessment is required, as provided by this chapter, shall be deemed to 30
3333 be delinquent in assessment, and the county assessor shall so designate it on 31
3434 his or her records that the county clerk may know each item of property and 32
3535 all persons so delinquent. 33
3636 34
3737 SECTION 2. Arkansas Code § 26 -26-201(d), concerning delinquent 35
3838 property assessments, is repealed. 36 HB1911
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4141 (d)(1) In addition to the penalties for not assessing, delinquent 1
4242 persons shall be required to pay an additional fifty cents (50¢) for each 2
4343 list, which shall be utilized by the county assessor to help pay for the 3
4444 expense of assessing property, subject to appropriation by the quorum court. 4
4545 (2) This additional sum shall be collected by the county 5
4646 collector in the usual manner and paid into the assessor's late assessment 6
4747 fee fund established on the books of the county treasurer. 7
4848 (3) Moneys in the assessor's late assessment fee fund shall be 8
4949 allowed to accumulate and the fees collected shall not be used in the final 9
5050 tax settlement proration for the costs of operating the assessor's office. 10
5151 11
5252 SECTION 3. Arkansas Code § 26 -26-307(b), concerning the reappraisal of 12
5353 property, is amended to read as follows: 13
5454 (b) Provided that newly discovered real property, new construction and 14
5555 improvements to real property, and personal property, shall be listed, 15
5656 appraised and assessed as otherwise provided by law until the countywide 16
5757 reappraisal of property is completed. 17
5858 18
5959 SECTION 4. Arkansas Code § 26 -26-502 is amended to read as follows: 19
6060 26-26-502. Deputy county assessors. 20
6161 The county assessor in each county, with the approval of the Secretary 21
6262 of the Department of Finance and Administration, is authorized to deputize 22
6363 one (1) or more full -time or part-time clerks or other employees in the 23
6464 county revenue office and to authorize these deputies to assess personal 24
6565 property or to list personal property for assessment for ad valorem taxes. 25
6666 26
6767 SECTION 5. Arkansas Code § 26 -26-701 is amended to read as follows: 27
6868 26-26-701. Furnishing of lists, blanks, and records. 28
6969 (a)(1) The Arkansas Public Service Commission shall prepare and 29
7070 furnish, at the proper time, to the county clerks in this state copies for 30
7171 all lists, blanks, and records to be used in the assessment, extension, and 31
7272 collection of taxes, and the county clerk shall have all lists, blanks, and 32
7373 records made at the expense of the county. 33
7474 (2) This subsection shall not apply to poll tax receipts. 34
7575 (3) No lists, blanks, or records shall be used by any official 35
7676 in the assessment, extension, or collection of taxes except as shall have had 36 HB1911
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7979 the approval of the commission. 1
8080 (b) On or before January 1 of each year, the county clerk shall 2
8181 furnish to the county assessor all lists, blanks, and records necessary for 3
8282 the assessment of all real and personal property for the year, all of them to 4
8383 be prepared as provided by law unless otherwise directed by the commission. 5
8484 6
8585 SECTION 6. Arkansas Code § 26 -26-714 is amended to read as follows: 7
8686 26-26-714. Preservation of assessment lists. 8
8787 (a) The original assessment lists as made out, sworn to, and delivered 9
8888 to the county assessor by any person or property owner of the county and 10
8989 assessment lists made by the county assessor prior to the date on which the 11
9090 assessment rolls are delivered to the county clerk, together with copies of 12
9191 all assessment lists as made out, sworn to, and delivered to the county clerk 13
9292 by the county assessor or any other person after the assessment rolls have 14
9393 been delivered to the county clerk and before the county collector closes his 15
9494 or her books, shall remain in the office of the county assessor for at least 16
9595 four (4) years after the date upon which they were made, during which time 17
9696 the lists shall be filed by the county assessor in such manner that they may 18
9797 be readily referred to and utilized. 19
9898 (b) Copies of all assessment lists as made by the county assessor or 20
9999 any other person subsequent to the date on which penalty attached for failure 21
100100 to assess and before the assessment record is required to be filed with the 22
101101 county clerk shall be delivered to the county clerk at the same time the 23
102102 assessment record is filed, which lists, together with the original of all 24
103103 assessment lists as may be filed with the county clerk by the county assessor 25
104104 or any other person after the assessment record has been delivered to the 26
105105 county clerk and before the county collector closes his or her books, shall 27
106106 be preserved by the county clerk for the purpose of checking the tax books to 28
107107 determine if all penalties for failure to assess at the proper time have been 29
108108 properly designated and extended. 30
109109 31
110110 SECTION 7. Arkansas Code §§ 26 -26-901 and 26-26-902 are repealed. 32
111111 26-26-901. Furnishing of forms. 33
112112 Upon the application of the property owner or other person required to 34
113113 file an assessment list, the county assessor shall furnish appropriate blanks 35
114114 upon which to list and report the property required to be listed. 36 HB1911
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117117 1
118118 26-26-902. Oath of one listing. 2
119119 (a) The county assessors, deputy county assessors, and Arkansas Public 3
120120 Service Commission, or any other officer charged under the law with assessing 4
121121 taxes, shall, when each and every person presents himself or herself to make 5
122122 and prepare a property list, administer the following oath: 6
123123 “You do solemnly swear that you will well and truly answer all 7
124124 questions that may be asked of you touching on the assessment of your 8
125125 property.” 9
126126 (b) Provided, however, this oath shall not be required of any 10
127127 individual assessing his or her real or personal property by telephone under 11
128128 § 26-26-1114 or where the county assessor lists the property for the property 12
129129 owner as permitted in § 26 -26-903. 13
130130 14
131131 SECTION 8. Arkansas Code §§ 26 -26-903 — 26-26-906 are amended to read 15
132132 as follows: 16
133133 26-26-903. Owner to list real property. 17
134134 (a) Every person of full age and sound mind shall list the real 18
135135 property of which he or she is the owner, situated in the county in which he 19
136136 or she resides, and the personal property of which he or she is the owner . 20
137137 (b) The county assessor may relieve the person of this requirement by 21
138138 listing the current year's assessment of real property from a previous 22
139139 property list or from a changed list based on a reassessment of the value of 23
140140 the real property of the owner. 24
141141 25
142142 26-26-904. Listing of real property by representatives. 26
143143 The real property of every ward shall be listed by his or her guardian; 27
144144 of every minor, idiot, or lunatic, having no other guardian, by his or her 28
145145 father, if living, and if not, by his or her mother, if living; and if 29
146146 neither father nor mother is living, by the person having the real property 30
147147 in charge; of every wife, by her husband, if of sound mind; if not, by 31
148148 herself, if she is of sound mind; of every person for whose benefit real 32
149149 property is held in trust, by the trustee; of every estate of a deceased 33
150150 person, by the executor or administrator; of corporations whose assets are in 34
151151 the hands of receivers, by the receiver; of every company, firm, body 35
152152 politic, or corporate, by the president or principal accounting officer, 36 HB1911
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155155 partner, or agent thereof. 1
156156 2
157157 26-26-905. Persons holding real property. 3
158158 (a) Property Real property held under a lease for a term exceeding ten 4
159159 (10) years belonging to a religious, scientific, or benevolent society or 5
160160 institution, whether incorporated or unincorporated, and school, seminary, 6
161161 saline, or other lands shall be considered, for all purposes of taxation, as 7
162162 the real property of the person holding them and shall be listed as such by 8
163163 the person or his or her agent, as in other cases. 9
164164 (b)(1) For purposes of assessing and collecting ad valorem tax, real 10
165165 property owned by the state shall be considered the real property of the 11
166166 lessee if the real property is held under a lease for: 12
167167 (A) An ongoing commercial or residential purpose; and 13
168168 (B) A term of actual use or occupation that exceeds ninety 14
169169 (90) days. 15
170170 (2) Except as provided in this subsection, a lessee of real 16
171171 property owned by the state as described under subdivision (b)(1) of this 17
172172 section shall pay ad valorem tax on the real property held under the lease 18
173173 for any tax year during which the lease for the real property is in effect as 19
174174 of January 1 of that tax year. 20
175175 (3)(A) Within thirty (30) days of executing a lease described in 21
176176 subdivision (b)(1) of this section, the state shall provide written 22
177177 notification of the lease to the county assessor for the county in which the 23
178178 lease leased real property is located. 24
179179 (B) The written notification required under subdivision 25
180180 (b)(3)(A) of this section shall state the: 26
181181 (i) Name and address of the lessee; 27
182182 (ii) Term of the lease; and 28
183183 (iii) Description of the leased real property. 29
184184 (4) This subsection does not apply to real property owned and 30
185185 leased by the state and used: 31
186186 (A) For the purpose of housing any one (1) or more of the 32
187187 following: 33
188188 (i) Students or faculty, or both, of a state 34
189189 institution of higher education; 35
190190 (ii) Officials or employees, or both, of a state 36 HB1911
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193193 entity; or 1
194194 (iii) Official guests of a state entity; 2
195195 (B) By a private person or entity for the purpose of 3
196196 providing a service to or on behalf of a state entity; 4
197197 (C) For academic, research, or athletic facilities or 5
198198 purposes; 6
199199 (D) For business and technology incubators or similar 7
200200 facilities; 8
201201 (E) For manufacturing or industrial facilities or 9
202202 purposes, including without limitation industrial facilities as described in 10
203203 § 14-164-701; or 11
204204 (F) By a state entity or nonprofit entity, including 12
205205 without limitation an organization that is otherwise exempt from taxation. 13
206206 14
207207 26-26-906. Pawnbrokers. 15
208208 Every person or company engaged in the business of receiving property 16
209209 in pledge or as security for money or other things advanced to the pawner or 17
210210 pledger shall annually, at the time prescribed by this chapter for the 18
211211 assessment of personal property, return, under oath, all property pledged to 19
212212 and held by him or her as a pawnbroker to the county assessor of the proper 20
213213 county. The county assessor shall list and assess it property held by a 21
214214 person as a pawnbroker to the pawnbroker at its fair cash value. 22
215215 23
216216 SECTION 9. Arkansas Code §§ 26 -26-908 and 26-26-909 are amended to 24
217217 read as follows: 25
218218 26-26-908. Property converted into nontaxable securities. 26
219219 (a) If any person shall have converted moneys, credits, or other 27
220220 personal property in the year preceding January 1 of the year in which he or 28
221221 she is required to assess his or her property into bonds or other securities 29
222222 of the United States or this state not taxed, and shall hold or control the 30
223223 bonds or securities when he or she is required to list assess his or her 31
224224 property, he or she shall list the property shall be assessed to the person 32
225225 at the monthly average value of the moneys, credits, or other property held 33
226226 or controlled by him or her. 34
227227 (b) Any indebtedness of the persons represented by him or her, created 35
228228 by investment in the bonds or other securities, shall not be deducted from 36 HB1911
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231231 the amount of credits in making up his or her list assessment for taxation. 1
232232 2
233233 26-26-909. Credits and stocks which need not be listed assessed. 3
234234 (a) No person shall be required to list assess a greater portion of 4
235235 any credits than he or she believes will be acquired or can be collected, nor 5
236236 any greater portion of any obligation given to secure the payment of rent 6
237237 than the amount of rent that shall have accrued on the lease and shall remain 7
238238 due and unpaid at the time of listing assessment. 8
239239 (b) No person shall be required to include in his or her statement 9
240240 assessment, as a part of the personal property, moneys, credits, investments 10
241241 in bonds, stocks, joint -stock companies, or otherwise, which he or she is 11
242242 required to list assess, any share or portion of the capital stock or 12
243243 property of any company or corporation which is required to list assess or 13
244244 return its capital and property for taxation in this state. 14
245245 15
246246 SECTION 10. Arkansas Code § 26 -26-910 is repealed. 16
247247 26-26-910. Valuations in listings not conclusive. 17
248248 (a)(1) The valuations as set out in any assessment list required under 18
249249 the provisions of this subchapter to be delivered to the county assessor by 19
250250 the property owner shall not be held to be conclusive as to the value of the 20
251251 property so listed, and the county assessor may make such assessment of the 21
252252 property as he or she may deem just and equitable. 22
253253 (2)(A) The county assessor, in each instance where he or she 23
254254 raises the valuation of any property which has been listed with him or her as 24
255255 by law required, shall deliver to the property owner or his or her agent a 25
256256 duplicate copy of the adjusted assessment list, or he or she shall notify the 26
257257 property owner or his or her agent by first class mail, which notice shall 27
258258 state separately the total valuation of real and personal property as listed 28
259259 by the property owner and as fixed by the county assessor, and shall advise 29
260260 that the owner may, by petition or letter, apply to the county equalization 30
261261 board for the adjustment of the assessment as fixed by the county assessor. 31
262262 (B) All applications shall be made to the county 32
263263 equalization board on or before the third Monday in August. 33
264264 (b)(1) For the purpose of enabling the county assessor to determine 34
265265 just and equitable values of property, he or she is authorized, and it shall 35
266266 be his or her duty, to enter upon and make such personal inspection thereof 36 HB1911
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269269 as he or she shall deem necessary. 1
270270 (2) Any person shall, when called upon by the county assessor, 2
271271 be required to answer upon oath and furnish proof demanded as to purchases, 3
272272 sales, transfers, improvements, accounts, notes, stocks, bonds, bank notes, 4
273273 bank deposits, invoices, insurance carried, or any and all other information 5
274274 requested and pertaining to the location, amount, kind, and value of his or 6
275275 her own property or that of another person. 7
276276 8
277277 SECTION 11. Arkansas Code § 26 -26-911(a), concerning inquiries to 9
278278 makers of lists for property tax purposes, is amended to read as follows: 10
279279 (a) The Arkansas Public Service Commission, the county assessor, or 11
280280 any one of them who may be required under the law to make assessment rolls 12
281281 shall, in addition to their duties as required by law, specifically inquire 13
282282 of the maker of each list a taxpayer the following: 14
283283 (1) The number, kind, and value of each automobile he or she 15
284284 owns; 16
285285 (2) The cash or funds on hand, and money on time deposit or 17
286286 otherwise in any depository, in or out of the state; 18
287287 (3) The taxable securities of every kind and their value, in or 19
288288 out of the state, he or she may own; 20
289289 (4) What stock, bonds, or mortgages owned and their value, in or 21
290290 out of the state; 22
291291 (5) What leases or mineral deeds are owned and the value of them 23
292292 that are contemplated in §§ 26 -26-1109 and 26-26-1110; 24
293293 (6) What timber, deeds, or contracts contemplated by § 26 -3-205 25
294294 he or she owns and the value of them; and 26
295295 (7) Any other property of any kind whatsoever that has a value 27
296296 about which questions have not been asked. 28
297297 29
298298 SECTION 12. Arkansas Code § 26 -26-914 is repealed. 30
299299 26-26-914. Unavoidable failure to list property. 31
300300 (a) If any person required to list property for taxation is prevented 32
301301 by sickness or absence from giving to the county assessor the list of 33
302302 property as prescribed by this subchapter, the person, or his or her agent 34
303303 having charge of the property, may, at any time before the making out of the 35
304304 tax books by the county clerk, make out and deliver to the county assessor of 36 HB1911
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307307 the county a statement of the same as required by this subchapter. The county 1
308308 assessor shall in such case make an entry in the returns of the proper city, 2
309309 town, ward, or school district and correct the items in the return made by 3
310310 him or her, as the case may require. 4
311311 (b) No such statement shall be received by the county assessor from 5
312312 any person who has refused or neglected to make oath to his or her statement 6
313313 when required by the county assessor under the provisions of this subchapter, 7
314314 nor from any person unless he or she has first made and filed with the county 8
315315 clerk an affidavit that the person required to list the same was absent from 9
316316 his or her county without design to avoid listing his or her property or was 10
317317 prevented by sickness from giving to the county assessor the required 11
318318 statement when called upon for that purpose. 12
319319 13
320320 SECTION 13. Arkansas Code § 26 -26-1113 is amended to read as follows: 14
321321 26-26-1113. Property used for other than church purposes. 15
322322 (a) All personal property owned by any church and held for, or used 16
323323 for, commercial, business, rental, or investment purposes or purposes other 17
324324 than church purposes shall be listed for assessment assessed annually for ad 18
325325 valorem tax purposes between the first Monday in January and May 31 of each 19
326326 year. 20
327327 (b) The church or its governing official or board shall annually list 21
328328 for assessment assess for ad valorem tax purposes all property which is not 22
329329 exempted from the tax under the provisions of this chapter. 23
330330 (c)(1) The Assessment Coordination Division shall promulgate 24
331331 reasonable rules to effectuate the provisions of this chapter. 25
332332 (2) The division shall certify to the various county assessors 26
333333 and to each church in this state, upon request therefor, guidelines to be 27
334334 used in listing assessing nonexempt property for assessment under the 28
335335 provisions of this chapter. 29
336336 30
337337 SECTION 14. Arkansas Code § 26 -26-1202(c)(1), concerning the valuation 31
338338 procedures for the assessment of property for the purpose of property taxes, 32
339339 is amended to read as follows: 33
340340 (c)(1) Personal property of any description shall be valued at the 34
341341 usual selling price of similar property at the time of listing assessment. 35
342342 36 HB1911
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345345 SECTION 15. Arkansas Code § 26 -26-1202(e), concerning the valuation 1
346346 procedures for the assessment of property for the purpose of property taxes, 2
347347 is amended to read as follows: 3
348348 (e) Money, whether in possession or on deposit in this state, or out 4
349349 of it subject to the order or control of the person listing assessing 5
350350 property, shall be entered in the statement assessed at the full amount 6
351351 thereof. 7
352352 8
353353 SECTION 16. Arkansas Code § 26 -26-1203(b)(1), concerning the valuation 9
354354 of property of merchants for the purpose of property tax, is amended to read 10
355355 as follows: 11
356356 (b)(1) The property shall be listed assessed for taxation and in 12
357357 estimating the value the merchant county assessor shall take the average 13
358358 value of the property in his or her the merchant’s possession or under his or 14
359359 her the merchant’s control during the year immediately preceding January 1 of 15
360360 the year in which the assessment is made. 16
361361 17
362362 SECTION 17. Arkansas Code §§ 26 -26-1204 and 26-26-1205 are amended to 18
363363 read as follows: 19
364364 26-26-1204. Accounts and notes included in merchant’s valuation. 20
365365 Each merchant in giving a list of value of assessing personal property 21
366366 as provided in § 26-26-1203 shall include in the valuation assessment all 22
367367 good balances of accounts on his or her books and all notes at their true 23
368368 value in money, and the list assessment shall be rendered under oath as 24
369369 prescribed in cases of personal property. 25
370370 26
371371 26-26-1205. Manufacturers. 27
372372 (a) Every person who shall purchase, receive, or hold personal 28
373373 property of any description for the purpose of adding to the value thereof by 29
374374 process of manufacturing, refining, rectifying, or by combination of 30
375375 different materials, with a view of making a gain or profit by so doing, 31
376376 shall be held to be a manufacturer. He or she shall make out and deliver to 32
377377 the county assessor a sworn statement of the amount an assessment of his or 33
378378 her other personal property subject to taxation, also including in his or her 34
379379 statement assessment the average value, estimated as provided in § 26 -26-35
380380 1203, of all articles purchased, received, or otherwise held for the purpose 36 HB1911
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383383 of being used, in whole or in part, in any process or operation of 1
384384 manufacturing, combining, rectifying, or refining which from time to time he 2
385385 or she shall have on hand during the year next previous to the time of making 3
386386 the statement assessment, if so long he or she shall have been engaged in 4
387387 such manufacturing business, and, if not, then during the time he or she 5
388388 shall have been so engaged. 6
389389 (b) Every person owning a manufacturing establishment of any kind and 7
390390 every manufacturer shall list assess as a part of his or her manufacturer's 8
391391 stock the value of all engines and machinery of every description, used or 9
392392 designed to be used for the indicated purpose. 10
393393 11
394394 SECTION 18. Arkansas Code § 26 -26-1602(b)(2), concerning the report of 12
395395 property subject to assessment by utilities and carriers, is amended to read 13
396396 as follows: 14
397397 (2) Each such company doing business or authorized to do 15
398398 business in Arkansas and owning or having control of property, or owning or 16
399399 having control of property in Arkansas, shall, through its owner, president, 17
400400 secretary, general manager, or agent having control of the company's affairs 18
401401 in this state, on or before March 1 of each year, make a statement in writing 19
402402 to the division showing assess all property subject to assessment and 20
403403 taxation in this state. The statement shall truly show the amount, kind, and 21
404404 value of the property as of January 1 next preceding the filing of the annual 22
405405 statement. However, in the case of motor carriers, the statement and 23
406406 information shall be filed annually with the division on or before March 31. 24
407407 25
408408 SECTION 19. Arkansas Code § 26 -26-1603(a)(8), concerning the 26
409409 information to be furnished annually to the Arkansas Public Service 27
410410 Commission by a utility or carrier for purpose of the assessment of property 28
411411 tax, is amended to read as follows: 29
412412 (8) A detailed statement The total value of all real and 30
413413 personal property owned or controlled by the company and situated in Arkansas 31
414414 on January 1 next preceding , giving the description, location, and value 32
415415 thereof, and showing separately that part used in connection with the daily 33
416416 operations of the company and that part used otherwise, if there is any; and 34
417417 35
418418 SECTION 20. Arkansas Code § 26 -26-1608 is amended to read as follows: 36 HB1911
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421421 26-26-1608. Assessment when no report or erroneous report filed. 1
422422 If any person, firm, company, copartnership, association, or 2
423423 corporation whose assessment is provided for in this subchapter neglects or 3
424424 refuses to make and file with the Tax Division of the Arkansas Public Service 4
425425 Commission by March 1, the statements and schedules information required by 5
426426 this subchapter, or make such report assess property and fails to show or 6
427427 shows erroneously any information called for that is material to the 7
428428 determination of any fact to be ascertained by the division in connection 8
429429 with the amount, description, location, and value of the property required to 9
430430 be assessed, the division shall inform itself as best it can on the 10
431431 undisclosed facts in order to discharge its duties with respect to the 11
432432 assessment of the property of the company and proceed to assess it. 12
433433 13
434434 SECTION 21. Arkansas Code § 26 -26-1611(1), concerning the method of 14
435435 assignment and apportionment of assessed value by the Tax Division of the 15
436436 Arkansas Public Service Commission with respect to the property of utilities 16
437437 and carriers, is amended to read as follows: 17
438438 (1) There shall be deducted from the true market or actual value 18
439439 of the entire property, tangible and intangible, ascertained as provided in 19
440440 this subchapter, the true market or actual value as ascertained from the 20
441441 information furnished by report or otherwise or obtained of all real and 21
442442 personal property of the company not used in its business as a public 22
443443 utility, and the remainder shall be treated as the true market or actual 23
444444 value of all its property, tangible or intangible, actually used or employed 24
445445 in its public utility business; 25
446446 26
447447 SECTION 22. EFFECTIVE DATE. Sections 1 –21 of this act are effective 27
448448 for assessment years beginning on or after January 1, 2026. 28
449449 29
450450 30
451451 31
452452 32
453453 33
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