Req. No. 5540 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature ( 2023) HOUSE BILL 2169 By: Lowe (Dick) AS INTRODUCED An Act relating to counties and county officials; amending 68 O.S. 2021, Section 2816 , which relates to educational accreditation for actual appraisers of real property; modifying parties required to achieve educational accreditation; modifying time period to achieve accreditation; clarifying language; modifying funding source; permitting for reasonable fee; mandating an education requirement for certain county officials and personnel involved in appraisal of energy producing properties ; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 68 O .S. 2021, Section 2816, is amended to read as follows: Section 2816. A. The Director of the Ad Valorem Division of the Oklahoma Tax Commission, the first deputy within such division, all field analysts or equalization and assessment analysts within such division, each elected county assessor assuming office on or after January 1, 1991, all first deputies within such assessors ' offices and all personnel , including contractors, involved in the actual appraisal of property shall be required to achieve Req. No. 5540 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 educational accreditation as prescribed by this section. Such accreditation shall be achieved within the time prescribed. Failure to achieve such accreditation shall result in forfeiture of office or termination of employment. A vacancy in a public office cre ated for failure to achieve such accreditation shall be filled in the manner provided by law. B. Accreditation for persons designated in subsection A of this section shall consist of initial accreditation and advanced accreditation as follows: 1. Within one (1) year eighteen (18) months from the date an assessor is elected to office, the assessor shall be required to successfully complete initial accreditation. If the assessor does not successfully complete testing or some part of the requirement, initial accreditation shall be completed within eighteen (18) months from the date of the assessor 's election to office. Initial accreditation shall consist of successful completion of two (2) academic units. The first academic unit shall consist of basic ad valorem taxation law, legal responsibilities of the assessor's office, the role of the county assessor, valuation requirements and assessment administration. The second academic unit shall consist of basic appraisal and assessment processes. 2. Within one (1) year eighteen (18) months from the completion date of initial accre ditation, the assessor shall be required to successfully complete advanced accreditation. If the assessor does Req. No. 5540 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 not successfully complete advanced accreditation testing or some part of the requirement, advanced accreditation shall be completed by July 1, 1995, for persons holding office on May 27, 1993, or for persons assuming office after May 27, 1993, within eighteen (18) months from the date initial accreditation is completed. Advanced accreditation shall consist of successful completion of five (5) academic units. Each unit shall consist of one of the following topics: a. appraisal procedures, b. valuation of personal property, c. valuation of agricultural property, d. mass appraisal procedures, and e. cadastral mapping. 3. A county assessor 's deputy not previously accredited pursuant to paragraphs 1 and 2 of this subsection shall be subject to the same requirements as the county assessor. Failure to complete the accreditations wi thin the times prescribed shall result in dismissal termination of the deputy. 4. For any person required to achieve accreditation pursuant to this section and for whom the period of time to complete the accreditation is not otherwise prescribed, the accr editation shall be completed within eighteen (18) months of January 1, 1991, or within eighteen (18) months of the beginning date of employment if such person is initially employed after January 1, 1991. Req. No. 5540 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Each county assessor Persons designated in subsection A of this section who has have successfully completed advanced accreditation shall thereafter be required to complete a continuing education requirement of thirty (30) hours every three (3) years. Failure to complete the continuing education require ment shall result in forfeiture of any travel reimbursement until the requirement is completed. Continuing education shall consist of successful completion of academic units on changes in Oklahoma Statutes affecting ad valorem taxation, real estate or app raisal, valuation and appraisal methods, mass appraisal methods or other topics appropriate to the improvement of county assessor 's offices. A deputy who has completed advanced accreditation as required by this section shall be subject to the continuing e ducation requirement. D. The Oklahoma State University Center for Local Government Technology, in cooperation with the Oklahoma Tax Commis sion and the County Assessors' Association, shall develop educational requirements, curriculum materials, appropriate study resources and examinations for an education program for accreditation purposes established in this section. The Oklahoma State Univ ersity Center for Local Government Technology shall provide necessary classes, seminars and materials in support of t he accreditation requirements. Nothing in this section shall be construed to prohibit use of the International Association of Assessing Of ficers' course work, where Req. No. 5540 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 applicable, or any of its professional designations, as a substitute for or supplement to the accreditation program requirements. E. For purposes of the administration of the accreditation requirements, the Oklahoma State Univer sity Center for Local Government Technology shall be responsible for keeping an official record as to the accreditati on of individual county assessors and deputies and others who are required to achieve accreditation. Such record shall be the sole respons ibility of Oklahoma State University and shall be defined as an open record under Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes. The Oklahoma State University Center for Local Government Technology shall be responsible for forwarding only the pass/fail results of individual testing to the Tax Commission. The Tax Commission shall issue the accreditations to all persons who have so qualified. All expenses incurred in the performance of the duties imposed upon the Oklahoma State University Center for Local Government Technology shall be paid out of from funds deposited in the County Government Education -Technical Revolving Fund as provided in Section 6 of this act, appropriated or otherwise made available to the Tax Commission, or the University may charge a reasonable fee to defray the cost of sponsoring the educational accreditation academic units required b y this section. F. The Oklahoma State University Center for Local Government Technology, in cooperation with the County Assessors ' Association and the County Treasurers ' Association shall provide computer Req. No. 5540 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 software programs, support of software and hardwar e, including installation, maintenance, data management and training, to counties currently using the services previously provided by the State Auditor and Inspector. All expenses incurred in the performance of the duties imposed upon the Oklahoma State U niversity Center for Local Government Technology shall be paid out of from funds deposited in the County Government Education -Technical Revolving Fund as provided by Section 6 of this act , appropriated or otherwise made available to the Tax Commission, or the University may charge a reasonable fee to defray the cost of sponsoring the County Computer Assistance Program support services required by this s ection. G. The Oklahoma State University Center for Local Government Technology, in cooperation with the County Assessors' Association, shall provide the administration, support, training and implementation of the Oklahoma State University Center for Loca l Government Technology -sponsored computer-assisted mass appraisal computer software system to any county using the services provided by the Ad Valorem Division of the Oklahoma Tax Commission and other counties upon request on the effective date of this ac t, if such county elects to adopt the Oklahoma State University Center for Local Government Technology -sponsored program. All expenses incurred in the performance of the duties imposed upon the Oklahoma State University Center for Local Government Technol ogy for the computer-assisted mass appraisal program shall be paid out of from Req. No. 5540 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 funds deposited in the Coun ty Government Education-Technical Revolving Fund as provided by Section 6 of this act , appropriated or otherwise made available to the Oklahoma Tax Commiss ion, or the University may charge a reasonable f ee to defray the cost of sponsoring the computer -assisted mass appraisal computer software system. H. All powers, duties, responsibilities, property, assets, liabilities, fund balances, encumbrances and obligations of the Ad Valorem Division of the Oklahoma Tax Commission relating to the computer-assisted mass appraisal system, referenced in subse ction G of this section, including, but not limited to, program management, support and training, are hereby transferred to the Oklahoma State University Center for Local Government Technology. I. Effective January 1, 2024, and thereafter, each elected county assessor, first deput ies, and all personnel, including contractors, involved in the appraisal of all energy producing properties, including petroleum, wind energy, and solar energy real property and personal property assets shall be required to successfully complete a course provided by the Oklahoma State University Center for Local Government Technology on the valuation of energy producing properties within twelve (12) months of the effective date of this act. After the completion of the initial energy valuation course, all personnel described in this section shall be required to attend a continuing education course on the Req. No. 5540 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 valuation of energy producing property provided by the Oklahoma State University Center f or Local Government Technology during the personnel's three-year accreditation continuing education cycle as mentioned in subsection C of this section . SECTION 2. This act shall become effective November 1, 2023. 59-1-5540 MJ 01/13/23