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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1266 By: Bergstrom
AS INTRODUCED
An Act relating to ad valorem tax; amendin g 68 O.S.
2021, Sections 2835, 2836, and 2838, which relate to
listing and assessment of pr operty for ad valorem
taxation purposes; providing exception to specific
requirement; exempting specified personal property
from requirement to list and defining rela ted term;
providing exception from certa in penalty; providing
exception for certain entiti es from requirement to
list certain property; updating statutory language;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 2835, is
amended to read as follows:
Section 2835. A. On or before January 1 of each year, the
Oklahoma Tax Commission shall prescribe for the use of all county
assessors, suitable blank forms for the listing and ass essment of
all property, both re al and personal. Such forms shall contain such
information and instructions as may be necessary in order to obtain
a full and complete list of all taxable property and such forms
shall be used uniformly throughout the st ate. Any change in these
forms must have the approval of the Tax Commission.
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B. It shall be the duty of the county assessor to furnish such
forms to any taxpayer upon request, and all personal property shall
be listed on such forms in the manner provided therein, unless
exempt from the requirement pursuant to subsection C of this
section. Such lists shall be sign ed and sworn to and filed with the
county assessor not later than March 15 of each year; and such lists
may show the description of real propert y, which may be by
subdivision of quarter sections, o r less if any such subdivision is
owned in less quantity, d escribing such less quantity by United
States Land Survey nomenclature if that can be done, otherwise by
metes and bounds, according to ownershi p.
C. 1. Real estate need not be listed by the taxp ayer, but may
be listed if the taxpayer so desires, in which ca se the list shall
show the taxpayer’s estimate of the value of each tract of land and
shall separately sho w the value of the buildings and i mprovements
thereon.
2. Personal property shall be e xempt from the requirement to
list if such property:
a. had an acquisition cost, as defined in this
subsection, of less than Ten Tho usand Dollars
($10,000.00), or
b. has a fair cash or market value, as defined in Section
2802 of this title, less than Five Thousand Dollars
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($5,000.00) for the tax year applicable to the
listing.
For the purpose of this section, “acquisition cost” shall mean
all costs required to put an item of tangible personal property i nto
service.
D. All such sworn lists of property shall contain such other
information concerning both real and personal property as may be
required by such forms so prescribed.
E. All such sworn lists of property, any o ther documents
produced by a taxpayer to the assessor or the board of equalization
during the informal and formal hearing process, or during di scovery
in any ad valorem tax appeal in the Court of Tax Review or the
district court, shall be protected as conf idential and shall not be
available for inspection under the Oklahoma Open Records Act.
SECTION 2. AMENDATORY 68 O.S. 2 021, Section 2836, is
amended to read as follows:
Section 2836. A. The county assessor of each county in the
state shall, on the first day of Janua ry of each year, or as soon
thereafter as may be pra cticable, proceed to take a list of taxable
property in the county. In order to take lists of personal property
and receive homestead exemption applications, the county asses sor,
or the assessor’s deputy, shall meet the taxpayers at various places
throughout the county. The county assessor may exercise discretion
as to where to meet the taxpayers and how long to stay at each
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place, provided the assessor goes to each city and incorporated town
in counties that have not abolished household personal property tax.
At least ten (10) days prior to the date the county assessor will
meet the taxpayers to list their property, the county assessor shall
give notice by publication in at least one newspaper of general
circulation in the county, stating the date and ho urs of the day of
each visit to each city, town , or other place; and such notice may
be published in the manner of commercial advertising, rather than
legal notices, and the c ounty may pay up to rates pre valent in the
area for commercial advertising.
B. If any taxpayer shall fail to me et the county assessor and
list the taxpayer’s property on the date advertised, such taxpayer
may render a written list of all the taxpayer’s personal property
and make written application for homestead exemption , and shall
subscribe and swear to the oath required by each taxpayer as to its
correctness. Such written lists or applications shall not
constitute a valid return or application unless ma de on the forms
prescribed by the Oklahoma Tax Commission and in the manner requ ired
by law.
C. After the county assessor shall have visited each city,
town, or other place, the county assessor shall be in the county
assessor’s office at the county seat f rom March 1 to March 15,
inclusive, for the purpose of receiving lists from thos e who have
not listed their property for the current year, and all who fail to
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list all or any part of their personal property for the current
year, on or before March 15, shal l be delinquent. If any per sonal
property is not listed by the person whose dut y it is to list such
property on or before March 15 of any year, when such property is
assessed there shall be added to the assessed valuation of such
property as a mandatory p enalty, amounts as follows:
1. If listed or assessed after March 15, but on or before April
15, ten percent (10%) of the assessed value; and
2. If listed or assessed after April 15, twenty percent (20%)
of the assessed value.
Personal property that is ex empt from the requirement to list
pursuant to subsection C of Section 2835 of th is title shall not be
subject to the penalty provided for in this subsection.
D. If the county assessor fails, neglects, or refuses to add
the valuation penalty as provided by this section, the county
assessor shall be liable on the county assessor ’s official bond for
the amount of the penalties.
SECTION 3. AMENDATORY 68 O.S. 2021, Section 2838, is
amended to read as follows:
Section 2838. A. All corporations organized, existin g, or
doing business in this state, other than railroads, air carriers,
and public service corporations assessed by the State Board of
Equalization, and other than national banks, state banks and trust
companies, and building an d loan associations, shall, on or before
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March 15th of each year, return swo rn lists or schedules of their
taxable property within each county, to the county assessor of such
county, and such property not exempt pursuant to subsection C of
Section 2835 of this title shall be listed with reference to amount,
kind and value, on the firs t day of January of the year in which it
is listed; and said the property shall be subject to taxation for
county, municipal, public school , and other purposes to the same
extent as the real and personal property of private persons, in the
taxing districts in which such property is located. Any real estate
owned by such corporation shall be assessed annually at the same
time and in the same manner as real estate belonging to pr ivate
persons. In making su ch sworn lists, all corporations shall itemize
their property in the same manner and to the same extent as required
by railroads, air carriers , and public service corporations.
B. It shall be the duty of each corporation to mak e, under
oath, and deliver to the county assessor of the county where its
principal business is transacted, a statement on forms prescribed by
the Oklahoma Tax Commission, of its authorized capital stock and the
amount of capital paid thereon, the amount o f its outstanding bonded
and other indebtedness, the total amount of its investe d capital
within and without Oklahoma, and such other financial info rmation as
may be deemed necessary to enable the county assessor to determine
the value of real or personal property owned by any such
corporation; and each corporation shall also deliver to the county
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assessor of the county where its principal business is located, a
copy of all lists or schedules of property filed in every other
county in this state.
SECTION 4. This act shall become effective January 1, 2023.
58-2-2458 QD 1/12/2022 6:26:51 PM