Stricken language would be deleted from and underlined language would be added to present law.
*JLL185* 03/31/2025 11:05:00 AM JLL185
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1911 3
4
By: Representative Lundstrum 5
By: Senator J. Bryant 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE ASSESSMENT OF 9
PROPERTY FOR THE PURPOSE OF PROPERTY TAX; TO REPEAL 10
THE REQUIREMENT THAT PERSONAL PROPERTY SUBJECT TO 11
TAXATION BE LISTED OR REPORTED BY THE PROPERTY OWNER; 12
AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
TO AMEND THE LAW CONCERNING THE 17
ASSESSMENT OF PROPERTY FOR THE PURPOSE 18
OF PROPERTY TAX; AND TO REPEAL THE 19
REQUIREMENT THAT PERSONAL PROPERTY 20
SUBJECT TO TAXATION BE LISTED OR 21
REPORTED BY THE PROPERTY OWNER. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code § 26-26-201(a)(2)(A), concerning delinquent 26
property assessments, is amended to read as follows: 27
(2)(A) All persons and property not listed for assessment 28
assessed with the county assessor on or before May 31 of the year in which 29
the assessment is required, as provided by this chapter, shall be deemed to 30
be delinquent in assessment, and the county assessor shall so designate it on 31
his or her records that the county clerk may know each item of property and 32
all persons so delinquent. 33
34
SECTION 2. Arkansas Code § 26 -26-201(d), concerning delinquent 35
property assessments, is repealed. 36 HB1911
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(d)(1) In addition to the penalties for not assessing, delinquent 1
persons shall be required to pay an additional fifty cents (50¢) for each 2
list, which shall be utilized by the county assessor to help pay for the 3
expense of assessing property, subject to appropriation by the quorum court. 4
(2) This additional sum shall be collected by the county 5
collector in the usual manner and paid into the assessor's late assessment 6
fee fund established on the books of the county treasurer. 7
(3) Moneys in the assessor's late assessment fee fund shall be 8
allowed to accumulate and the fees collected shall not be used in the final 9
tax settlement proration for the costs of operating the assessor's office. 10
11
SECTION 3. Arkansas Code § 26 -26-307(b), concerning the reappraisal of 12
property, is amended to read as follows: 13
(b) Provided that newly discovered real property, new construction and 14
improvements to real property, and personal property, shall be listed, 15
appraised and assessed as otherwise provided by law until the countywide 16
reappraisal of property is completed. 17
18
SECTION 4. Arkansas Code § 26 -26-502 is amended to read as follows: 19
26-26-502. Deputy county assessors. 20
The county assessor in each county, with the approval of the Secretary 21
of the Department of Finance and Administration, is authorized to deputize 22
one (1) or more full -time or part-time clerks or other employees in the 23
county revenue office and to authorize these deputies to assess personal 24
property or to list personal property for assessment for ad valorem taxes. 25
26
SECTION 5. Arkansas Code § 26 -26-701 is amended to read as follows: 27
26-26-701. Furnishing of lists, blanks, and records. 28
(a)(1) The Arkansas Public Service Commission shall prepare and 29
furnish, at the proper time, to the county clerks in this state copies for 30
all lists, blanks, and records to be used in the assessment, extension, and 31
collection of taxes, and the county clerk shall have all lists, blanks, and 32
records made at the expense of the county. 33
(2) This subsection shall not apply to poll tax receipts. 34
(3) No lists, blanks, or records shall be used by any official 35
in the assessment, extension, or collection of taxes except as shall have had 36 HB1911
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the approval of the commission. 1
(b) On or before January 1 of each year, the county clerk shall 2
furnish to the county assessor all lists, blanks, and records necessary for 3
the assessment of all real and personal property for the year, all of them to 4
be prepared as provided by law unless otherwise directed by the commission. 5
6
SECTION 6. Arkansas Code § 26 -26-714 is amended to read as follows: 7
26-26-714. Preservation of assessment lists. 8
(a) The original assessment lists as made out, sworn to, and delivered 9
to the county assessor by any person or property owner of the county and 10
assessment lists made by the county assessor prior to the date on which the 11
assessment rolls are delivered to the county clerk, together with copies of 12
all assessment lists as made out, sworn to, and delivered to the county clerk 13
by the county assessor or any other person after the assessment rolls have 14
been delivered to the county clerk and before the county collector closes his 15
or her books, shall remain in the office of the county assessor for at least 16
four (4) years after the date upon which they were made, during which time 17
the lists shall be filed by the county assessor in such manner that they may 18
be readily referred to and utilized. 19
(b) Copies of all assessment lists as made by the county assessor or 20
any other person subsequent to the date on which penalty attached for failure 21
to assess and before the assessment record is required to be filed with the 22
county clerk shall be delivered to the county clerk at the same time the 23
assessment record is filed, which lists, together with the original of all 24
assessment lists as may be filed with the county clerk by the county assessor 25
or any other person after the assessment record has been delivered to the 26
county clerk and before the county collector closes his or her books, shall 27
be preserved by the county clerk for the purpose of checking the tax books to 28
determine if all penalties for failure to assess at the proper time have been 29
properly designated and extended. 30
31
SECTION 7. Arkansas Code §§ 26 -26-901 and 26-26-902 are repealed. 32
26-26-901. Furnishing of forms. 33
Upon the application of the property owner or other person required to 34
file an assessment list, the county assessor shall furnish appropriate blanks 35
upon which to list and report the property required to be listed. 36 HB1911
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1
26-26-902. Oath of one listing. 2
(a) The county assessors, deputy county assessors, and Arkansas Public 3
Service Commission, or any other officer charged under the law with assessing 4
taxes, shall, when each and every person presents himself or herself to make 5
and prepare a property list, administer the following oath: 6
“You do solemnly swear that you will well and truly answer all 7
questions that may be asked of you touching on the assessment of your 8
property.” 9
(b) Provided, however, this oath shall not be required of any 10
individual assessing his or her real or personal property by telephone under 11
§ 26-26-1114 or where the county assessor lists the property for the property 12
owner as permitted in § 26 -26-903. 13
14
SECTION 8. Arkansas Code §§ 26 -26-903 — 26-26-906 are amended to read 15
as follows: 16
26-26-903. Owner to list real property. 17
(a) Every person of full age and sound mind shall list the real 18
property of which he or she is the owner, situated in the county in which he 19
or she resides, and the personal property of which he or she is the owner . 20
(b) The county assessor may relieve the person of this requirement by 21
listing the current year's assessment of real property from a previous 22
property list or from a changed list based on a reassessment of the value of 23
the real property of the owner. 24
25
26-26-904. Listing of real property by representatives. 26
The real property of every ward shall be listed by his or her guardian; 27
of every minor, idiot, or lunatic, having no other guardian, by his or her 28
father, if living, and if not, by his or her mother, if living; and if 29
neither father nor mother is living, by the person having the real property 30
in charge; of every wife, by her husband, if of sound mind; if not, by 31
herself, if she is of sound mind; of every person for whose benefit real 32
property is held in trust, by the trustee; of every estate of a deceased 33
person, by the executor or administrator; of corporations whose assets are in 34
the hands of receivers, by the receiver; of every company, firm, body 35
politic, or corporate, by the president or principal accounting officer, 36 HB1911
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partner, or agent thereof. 1
2
26-26-905. Persons holding real property. 3
(a) Property Real property held under a lease for a term exceeding ten 4
(10) years belonging to a religious, scientific, or benevolent society or 5
institution, whether incorporated or unincorporated, and school, seminary, 6
saline, or other lands shall be considered, for all purposes of taxation, as 7
the real property of the person holding them and shall be listed as such by 8
the person or his or her agent, as in other cases. 9
(b)(1) For purposes of assessing and collecting ad valorem tax, real 10
property owned by the state shall be considered the real property of the 11
lessee if the real property is held under a lease for: 12
(A) An ongoing commercial or residential purpose; and 13
(B) A term of actual use or occupation that exceeds ninety 14
(90) days. 15
(2) Except as provided in this subsection, a lessee of real 16
property owned by the state as described under subdivision (b)(1) of this 17
section shall pay ad valorem tax on the real property held under the lease 18
for any tax year during which the lease for the real property is in effect as 19
of January 1 of that tax year. 20
(3)(A) Within thirty (30) days of executing a lease described in 21
subdivision (b)(1) of this section, the state shall provide written 22
notification of the lease to the county assessor for the county in which the 23
lease leased real property is located. 24
(B) The written notification required under subdivision 25
(b)(3)(A) of this section shall state the: 26
(i) Name and address of the lessee; 27
(ii) Term of the lease; and 28
(iii) Description of the leased real property. 29
(4) This subsection does not apply to real property owned and 30
leased by the state and used: 31
(A) For the purpose of housing any one (1) or more of the 32
following: 33
(i) Students or faculty, or both, of a state 34
institution of higher education; 35
(ii) Officials or employees, or both, of a state 36 HB1911
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entity; or 1
(iii) Official guests of a state entity; 2
(B) By a private person or entity for the purpose of 3
providing a service to or on behalf of a state entity; 4
(C) For academic, research, or athletic facilities or 5
purposes; 6
(D) For business and technology incubators or similar 7
facilities; 8
(E) For manufacturing or industrial facilities or 9
purposes, including without limitation industrial facilities as described in 10
§ 14-164-701; or 11
(F) By a state entity or nonprofit entity, including 12
without limitation an organization that is otherwise exempt from taxation. 13
14
26-26-906. Pawnbrokers. 15
Every person or company engaged in the business of receiving property 16
in pledge or as security for money or other things advanced to the pawner or 17
pledger shall annually, at the time prescribed by this chapter for the 18
assessment of personal property, return, under oath, all property pledged to 19
and held by him or her as a pawnbroker to the county assessor of the proper 20
county. The county assessor shall list and assess it property held by a 21
person as a pawnbroker to the pawnbroker at its fair cash value. 22
23
SECTION 9. Arkansas Code §§ 26 -26-908 and 26-26-909 are amended to 24
read as follows: 25
26-26-908. Property converted into nontaxable securities. 26
(a) If any person shall have converted moneys, credits, or other 27
personal property in the year preceding January 1 of the year in which he or 28
she is required to assess his or her property into bonds or other securities 29
of the United States or this state not taxed, and shall hold or control the 30
bonds or securities when he or she is required to list assess his or her 31
property, he or she shall list the property shall be assessed to the person 32
at the monthly average value of the moneys, credits, or other property held 33
or controlled by him or her. 34
(b) Any indebtedness of the persons represented by him or her, created 35
by investment in the bonds or other securities, shall not be deducted from 36 HB1911
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the amount of credits in making up his or her list assessment for taxation. 1
2
26-26-909. Credits and stocks which need not be listed assessed. 3
(a) No person shall be required to list assess a greater portion of 4
any credits than he or she believes will be acquired or can be collected, nor 5
any greater portion of any obligation given to secure the payment of rent 6
than the amount of rent that shall have accrued on the lease and shall remain 7
due and unpaid at the time of listing assessment. 8
(b) No person shall be required to include in his or her statement 9
assessment, as a part of the personal property, moneys, credits, investments 10
in bonds, stocks, joint -stock companies, or otherwise, which he or she is 11
required to list assess, any share or portion of the capital stock or 12
property of any company or corporation which is required to list assess or 13
return its capital and property for taxation in this state. 14
15
SECTION 10. Arkansas Code § 26 -26-910 is repealed. 16
26-26-910. Valuations in listings not conclusive. 17
(a)(1) The valuations as set out in any assessment list required under 18
the provisions of this subchapter to be delivered to the county assessor by 19
the property owner shall not be held to be conclusive as to the value of the 20
property so listed, and the county assessor may make such assessment of the 21
property as he or she may deem just and equitable. 22
(2)(A) The county assessor, in each instance where he or she 23
raises the valuation of any property which has been listed with him or her as 24
by law required, shall deliver to the property owner or his or her agent a 25
duplicate copy of the adjusted assessment list, or he or she shall notify the 26
property owner or his or her agent by first class mail, which notice shall 27
state separately the total valuation of real and personal property as listed 28
by the property owner and as fixed by the county assessor, and shall advise 29
that the owner may, by petition or letter, apply to the county equalization 30
board for the adjustment of the assessment as fixed by the county assessor. 31
(B) All applications shall be made to the county 32
equalization board on or before the third Monday in August. 33
(b)(1) For the purpose of enabling the county assessor to determine 34
just and equitable values of property, he or she is authorized, and it shall 35
be his or her duty, to enter upon and make such personal inspection thereof 36 HB1911
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as he or she shall deem necessary. 1
(2) Any person shall, when called upon by the county assessor, 2
be required to answer upon oath and furnish proof demanded as to purchases, 3
sales, transfers, improvements, accounts, notes, stocks, bonds, bank notes, 4
bank deposits, invoices, insurance carried, or any and all other information 5
requested and pertaining to the location, amount, kind, and value of his or 6
her own property or that of another person. 7
8
SECTION 11. Arkansas Code § 26 -26-911(a), concerning inquiries to 9
makers of lists for property tax purposes, is amended to read as follows: 10
(a) The Arkansas Public Service Commission, the county assessor, or 11
any one of them who may be required under the law to make assessment rolls 12
shall, in addition to their duties as required by law, specifically inquire 13
of the maker of each list a taxpayer the following: 14
(1) The number, kind, and value of each automobile he or she 15
owns; 16
(2) The cash or funds on hand, and money on time deposit or 17
otherwise in any depository, in or out of the state; 18
(3) The taxable securities of every kind and their value, in or 19
out of the state, he or she may own; 20
(4) What stock, bonds, or mortgages owned and their value, in or 21
out of the state; 22
(5) What leases or mineral deeds are owned and the value of them 23
that are contemplated in §§ 26 -26-1109 and 26-26-1110; 24
(6) What timber, deeds, or contracts contemplated by § 26 -3-205 25
he or she owns and the value of them; and 26
(7) Any other property of any kind whatsoever that has a value 27
about which questions have not been asked. 28
29
SECTION 12. Arkansas Code § 26 -26-914 is repealed. 30
26-26-914. Unavoidable failure to list property. 31
(a) If any person required to list property for taxation is prevented 32
by sickness or absence from giving to the county assessor the list of 33
property as prescribed by this subchapter, the person, or his or her agent 34
having charge of the property, may, at any time before the making out of the 35
tax books by the county clerk, make out and deliver to the county assessor of 36 HB1911
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the county a statement of the same as required by this subchapter. The county 1
assessor shall in such case make an entry in the returns of the proper city, 2
town, ward, or school district and correct the items in the return made by 3
him or her, as the case may require. 4
(b) No such statement shall be received by the county assessor from 5
any person who has refused or neglected to make oath to his or her statement 6
when required by the county assessor under the provisions of this subchapter, 7
nor from any person unless he or she has first made and filed with the county 8
clerk an affidavit that the person required to list the same was absent from 9
his or her county without design to avoid listing his or her property or was 10
prevented by sickness from giving to the county assessor the required 11
statement when called upon for that purpose. 12
13
SECTION 13. Arkansas Code § 26 -26-1113 is amended to read as follows: 14
26-26-1113. Property used for other than church purposes. 15
(a) All personal property owned by any church and held for, or used 16
for, commercial, business, rental, or investment purposes or purposes other 17
than church purposes shall be listed for assessment assessed annually for ad 18
valorem tax purposes between the first Monday in January and May 31 of each 19
year. 20
(b) The church or its governing official or board shall annually list 21
for assessment assess for ad valorem tax purposes all property which is not 22
exempted from the tax under the provisions of this chapter. 23
(c)(1) The Assessment Coordination Division shall promulgate 24
reasonable rules to effectuate the provisions of this chapter. 25
(2) The division shall certify to the various county assessors 26
and to each church in this state, upon request therefor, guidelines to be 27
used in listing assessing nonexempt property for assessment under the 28
provisions of this chapter. 29
30
SECTION 14. Arkansas Code § 26 -26-1202(c)(1), concerning the valuation 31
procedures for the assessment of property for the purpose of property taxes, 32
is amended to read as follows: 33
(c)(1) Personal property of any description shall be valued at the 34
usual selling price of similar property at the time of listing assessment. 35
36 HB1911
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SECTION 15. Arkansas Code § 26 -26-1202(e), concerning the valuation 1
procedures for the assessment of property for the purpose of property taxes, 2
is amended to read as follows: 3
(e) Money, whether in possession or on deposit in this state, or out 4
of it subject to the order or control of the person listing assessing 5
property, shall be entered in the statement assessed at the full amount 6
thereof. 7
8
SECTION 16. Arkansas Code § 26 -26-1203(b)(1), concerning the valuation 9
of property of merchants for the purpose of property tax, is amended to read 10
as follows: 11
(b)(1) The property shall be listed assessed for taxation and in 12
estimating the value the merchant county assessor shall take the average 13
value of the property in his or her the merchant’s possession or under his or 14
her the merchant’s control during the year immediately preceding January 1 of 15
the year in which the assessment is made. 16
17
SECTION 17. Arkansas Code §§ 26 -26-1204 and 26-26-1205 are amended to 18
read as follows: 19
26-26-1204. Accounts and notes included in merchant’s valuation. 20
Each merchant in giving a list of value of assessing personal property 21
as provided in § 26-26-1203 shall include in the valuation assessment all 22
good balances of accounts on his or her books and all notes at their true 23
value in money, and the list assessment shall be rendered under oath as 24
prescribed in cases of personal property. 25
26
26-26-1205. Manufacturers. 27
(a) Every person who shall purchase, receive, or hold personal 28
property of any description for the purpose of adding to the value thereof by 29
process of manufacturing, refining, rectifying, or by combination of 30
different materials, with a view of making a gain or profit by so doing, 31
shall be held to be a manufacturer. He or she shall make out and deliver to 32
the county assessor a sworn statement of the amount an assessment of his or 33
her other personal property subject to taxation, also including in his or her 34
statement assessment the average value, estimated as provided in § 26 -26-35
1203, of all articles purchased, received, or otherwise held for the purpose 36 HB1911
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of being used, in whole or in part, in any process or operation of 1
manufacturing, combining, rectifying, or refining which from time to time he 2
or she shall have on hand during the year next previous to the time of making 3
the statement assessment, if so long he or she shall have been engaged in 4
such manufacturing business, and, if not, then during the time he or she 5
shall have been so engaged. 6
(b) Every person owning a manufacturing establishment of any kind and 7
every manufacturer shall list assess as a part of his or her manufacturer's 8
stock the value of all engines and machinery of every description, used or 9
designed to be used for the indicated purpose. 10
11
SECTION 18. Arkansas Code § 26 -26-1602(b)(2), concerning the report of 12
property subject to assessment by utilities and carriers, is amended to read 13
as follows: 14
(2) Each such company doing business or authorized to do 15
business in Arkansas and owning or having control of property, or owning or 16
having control of property in Arkansas, shall, through its owner, president, 17
secretary, general manager, or agent having control of the company's affairs 18
in this state, on or before March 1 of each year, make a statement in writing 19
to the division showing assess all property subject to assessment and 20
taxation in this state. The statement shall truly show the amount, kind, and 21
value of the property as of January 1 next preceding the filing of the annual 22
statement. However, in the case of motor carriers, the statement and 23
information shall be filed annually with the division on or before March 31. 24
25
SECTION 19. Arkansas Code § 26 -26-1603(a)(8), concerning the 26
information to be furnished annually to the Arkansas Public Service 27
Commission by a utility or carrier for purpose of the assessment of property 28
tax, is amended to read as follows: 29
(8) A detailed statement The total value of all real and 30
personal property owned or controlled by the company and situated in Arkansas 31
on January 1 next preceding , giving the description, location, and value 32
thereof, and showing separately that part used in connection with the daily 33
operations of the company and that part used otherwise, if there is any; and 34
35
SECTION 20. Arkansas Code § 26 -26-1608 is amended to read as follows: 36 HB1911
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26-26-1608. Assessment when no report or erroneous report filed. 1
If any person, firm, company, copartnership, association, or 2
corporation whose assessment is provided for in this subchapter neglects or 3
refuses to make and file with the Tax Division of the Arkansas Public Service 4
Commission by March 1, the statements and schedules information required by 5
this subchapter, or make such report assess property and fails to show or 6
shows erroneously any information called for that is material to the 7
determination of any fact to be ascertained by the division in connection 8
with the amount, description, location, and value of the property required to 9
be assessed, the division shall inform itself as best it can on the 10
undisclosed facts in order to discharge its duties with respect to the 11
assessment of the property of the company and proceed to assess it. 12
13
SECTION 21. Arkansas Code § 26 -26-1611(1), concerning the method of 14
assignment and apportionment of assessed value by the Tax Division of the 15
Arkansas Public Service Commission with respect to the property of utilities 16
and carriers, is amended to read as follows: 17
(1) There shall be deducted from the true market or actual value 18
of the entire property, tangible and intangible, ascertained as provided in 19
this subchapter, the true market or actual value as ascertained from the 20
information furnished by report or otherwise or obtained of all real and 21
personal property of the company not used in its business as a public 22
utility, and the remainder shall be treated as the true market or actual 23
value of all its property, tangible or intangible, actually used or employed 24
in its public utility business; 25
26
SECTION 22. EFFECTIVE DATE. Sections 1 –21 of this act are effective 27
for assessment years beginning on or after January 1, 2026. 28
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