Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1210 Latest Draft

Bill / Enrolled Version Filed 04/17/2024

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 1210 	By: Stanley of the Senate 
 
  and 
 
  Kannady and Swope of the 
House 
 
 
 
 
An Act relating to inspection of real property; 
amending 68 O.S. 2021, Sections 2802 and 2821, which 
relate to physical inspection of certain real 
property; modifying definitions; allowing county 
assessors to use certain technology to inspect 
properties; and declaring an emergency . 
 
 
 
 
SUBJECT:  Inspection of real property 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.    AMENDATORY     68 O.S. 2021, Section 2802, is 
amended to read as follows: 
 
Section 2802.  As used in Section 2801 et seq. of this title: 
 
1.  “Accepted standards for mass appraisal practice ” means those 
standards for the collection and analysis of inform ation about 
taxable properties within a taxing jurisdiction permitting the 
accurate estimate of fair cash value for similar properties in the 
jurisdiction either without direct observation of such similar 
properties or without direct sales price informatio n for such 
similar properties using a reliable statistical or other method to 
estimate the values of such properties; 
 
2.  “Additional homestead exemption ” means the exemption 
provided by Section 2890 of this title; 
   
 
ENR. S. B. NO. 1210 	Page 2 
3.  “Assessor” means the county assesso r and, unless the context 
clearly requires otherwise, deputy assessors and persons employed by 
the county assessor in performance of duties imposed by law; 
 
4.  “Assess and value” means to establish the fair cash value 
and taxable fair cash value of taxabl e real and personal property 
pursuant to requirements of law; 
 
5.  “Assessed valuation” or “assessed value” means the 
percentage of the fair cash value of personal property, or the 
percentage of the taxable fair cash value of real property, pursuant 
to the provisions of Sections 8 and 8B of Article X of the Oklahoma 
Constitution, either of individual items of personal property, 
parcels of real property or the aggregate total of such individual 
taxable items or parcels within a jurisdiction; 
 
6.  “Assessment percentage” means the percentage applied to 
personal property and real property pursuant to Section 8 of Article 
X of the Oklahoma Constitution; 
 
7.  “Assessment ratio” means the relationship between assessed 
value and taxable fair cash value for a county or for use categories 
within a county expressed as a percentage determined in the annual 
equalization ratio study; 
 
8.  “Assessment roll” means a computerized or noncomputerized 
record required by law to be kept by the county assessor and 
containing information about property within a taxing jurisdiction; 
 
9.  “Assessment year” means the year beginning January 1 of each 
calendar year and ending on December 31 preceding the following 
January 1 assessment date; 
 
10.  “Circuit breaker” means the form of prope rty tax relief 
provided by Sections 2904 through 2911 of this title; 
 
11.  “Class of subjects” means a category of property 
specifically designated pursuant to provisions of the Oklahoma 
Constitution for purposes of ad valorem taxation; 
 
12.  “Code” means the Ad Valorem Tax Code, Section 2801 et seq. 
of this title;   
 
ENR. S. B. NO. 1210 	Page 3 
 
13.  “Coefficient of dispersion ” means a statistical measure of 
assessment uniformity for a category of property or for all property 
within a taxing jurisdiction; 
 
14.  “Confidence level” means a statistical procedure for 
determining the degree of reliability for use in reporting the 
assessment ratio for a taxing jurisdiction; 
 
15.  “Cost approach” means a method used to establish the fair 
cash value of property involving an estimate of current c onstruction 
cost of improvements, subtracting accrued depreciation including any 
loss in value that may be caused by physical deterioration, 
functional obsolescence or economic obsolescence and adding the 
value of the land. 
 
a. Physical deterioration is a cause of depreciation that 
is a loss in value due to ordinary wear and tear and 
the forces of nature. 
 
b. Functional or internal obsolescence is the loss in 
value of a property resulting from changes in tastes, 
preferences, technical innovations or market 
standards. 
 
c. Economic or external obsolescence is a cause of 
depreciation that is a loss in value as a result of 
impairment in utility and desirability caused by 
factors outside the boundaries of the property or loss 
of value in a property (relative to t he cost of 
replacing it with a property of equal utility) that 
stems from factors external to the property; 
 
16.  “County board of equalization ” means the board which, upon 
hearing competent evidence, has the authority to correct and adjust 
the assessment rolls in its respective county to conform to fair 
cash value and such other responsibilities as prescribed in Section 
2801 et seq. of this title; 
 
17.  “Equalization” means the process for making adjustments to 
taxable property values within a county by an alyzing the 
relationships between assessed values and fair cash values in one or   
 
ENR. S. B. NO. 1210 	Page 4 
more use categories within the county or between counties by 
analyzing the relationship between assessed value and fair cash 
value in each county; 
 
18.  “Equalization ratio st udy” means the analysis of the 
relationships between assessed values and fair cash values in the 
manner provided by law; 
 
19.  “Fair cash value” or “market value” means the value or 
price at which a willing buyer would purchase property and a willing 
seller would sell property if both parties are knowledgeable about 
the property and its uses and if neither party is under any undue 
pressure to buy or sell and for real property shall mean the value 
for the highest and best use for which such property was actu ally 
used, or was previously classified for use, during the calendar year 
next preceding the applicable January 1 assessment date; 
 
20.  “Fixed-wing aircraft” means a manned flying machine, 
commonly known as an airplane, that generates lift through the 
forward motion of the aircraft and wings that do not revolve around 
a mast, but are fixed in relation to the fuselage of the aircraft.  
Fixed-wing aircraft must also comply with Federal Aviation 
Administration regulations.  For the purposes of this section, 
fixed-wing aircraft shall not include unmanned aircraft, commonly 
referred to as drones, as defined in Section 322 of Title 3 of the 
Oklahoma Statutes; 
 
21. “Homestead exemption” means the reduction in the taxable 
value of a homestead as authorized by law; 
 
21. 22. “Income and expense approach ” means a method to 
estimate fair cash value of a property by determining the present 
value of the projected income stream; 
 
22. 23.  “Inspection” means the inspection of real or personal 
property by using on -ground site inspections and, thereafter where 
applicable, by using publicly and commercially available aerial 
image overlays for purposes of valuation, data collection, or any 
other purposes related to the duties of county assessors; 
 
24. “List and assess” means the process by which taxable 
property is discovered, its description recorded for purposes of ad   
 
ENR. S. B. NO. 1210 	Page 5 
valorem taxation and its fair cash value and taxable fair cash value 
are established; 
 
23. 25. “Mill” or “millage” means the rate of tax imposed upon 
taxable value.  One (1) mill equals One Dollar ($1.00) of tax for 
each One Thousand Dollars ($1,000.00) of taxable value; 
 
24. 26. “Multiple regression analysis ” means a statistical 
technique for estimating unknown data on the basis of known and 
available data; 
 
25. 27. “Parcel” means a contiguous area of land described in a 
single description by a deed or other instrument or as one of a 
number of lots on a plat or plan, separately owned and capable of 
being separately conveyed; 
 
26. 28. “Sales comparison approa ch” means the collection, 
verification, and screening of sales data, stratification of sales 
information for purposes of comparison and use of such information 
to establish the fair cash value of taxable property; 
 
27. 29. “State Board of Equalization ” means the Board 
responsible for valuation of railroad, airline and public service 
corporation property and the adjustment and equalization of all 
property values both centrally and locally assessed; 
 
28. 30. “Taxable value” means the percentage of the fair cash 
value of personal property or the taxable fair cash value of real 
property, less applicable exemptions, upon which an ad valorem tax 
rate is levied pursuant to the provisions of Section 8 and Section 
8B of Article X of the Oklahoma Constitution; 
 
29. 31. “Taxable fair cash value ” means the fair cash value of 
locally assessed real property as capped pursuant to Section 8B of 
Article X of the Oklahoma Constitution; 
 
30. 32. “Use category” means a subcategory of real property, 
that is either agricultura l use, residential use or 
commercial/industrial use but does not and shall not constitute a 
class of subjects within the meaning of the Oklahoma Constitution 
for purposes of ad valorem taxation; 
   
 
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31. 33. “Use value” means the basis for establishing fair c ash 
value of real property pursuant to the requirement of Section 8 of 
Article X of the Oklahoma Constitution; and 
 
32. 34. “Visual inspection program ” means the program required 
in order to gather data about real property from physical 
examination of the property and improvements in order to establish 
the fair cash values of properties so inspected at least once each 
four (4) years and the fair cash values of similar properties on an 
annual basis. 
 
SECTION 2.    AMENDATORY     68 O.S. 2021, Section 2821, is 
amended to read as follows: 
 
Section 2821.  A.  Each county assessor shall cause real 
property to be physically inspected as part of the visual inspection 
cycle and shall require such examination as will provide adequate 
data from which to make accurate valuations.  After an initial 
physical inspection of property, changes to property may be 
discovered with the use of digital aerial images taken by fixed -wing 
aircraft complying with Federal Aviation Administration regulations; 
the provisions in this section shall not be construed to authorize 
the use of digital aerial images taken by unmanned aircraft, 
commonly referred to as drones, as defined in Section 322 of Title 3 
of the Oklahoma Statutes. 
 
B.  The information gathered from the phys ical inspection shall 
be relevant to the type of property involved, its use category, the 
valuation methodology to be used for the property, whether the 
methodology consists of the cost approach, an income and expense 
approach or sales comparison approach, and shall be complete enough 
in order to establish the fair cash value of the property in 
accordance with accepted standards for mass appraisal practice. 
 
C.  Information gathered during the physical inspection shall be 
recorded using a standard method as prescribed by the Oklahoma Tax 
Commission in computerized or noncomputerized form.  The information 
may include property ownership, location, size, use, use category, a 
physical description of the land and improvements or such other 
information as may be required. 
   
 
ENR. S. B. NO. 1210 	Page 7 
D.  In order to conduct the visual inspections of real property 
during the four-year cycle, each county assessor shall acquire and 
maintain cadastral maps and a parcel identification system.  The 
standards for the cadastral maps and the parcel i dentification 
system shall be uniform for each county of the state and shall be in 
such form as developed by the Ad Valorem Task Force Division of the 
Oklahoma Tax Commission . 
 
E.  The county assessor shall maintain a comprehensive sales 
file for each parcel of real property within the county containing 
relevant property characteristics, sales price information, 
adjustments to sales price for purposes of cash equivalency, 
transaction terms and such other information as may be required in 
order to establish the fair cash value of taxable real property. 
 
Each county assessor shall ensure that the office is equipped 
with adequate drafting facilities, tools, equipment and supplies in 
order to produce or update maps, sketches or drawings necessary to 
support the proper administration of the ad valorem tax and such 
other tools or equipment as may be required to perform duties 
imposed by law for the discovery and valuation of taxable property. 
 
SECTION 3.  It being immediately necessary for the pre servation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
   
 
ENR. S. B. NO. 1210 	Page 8 
Passed the Senate the 5th day of March, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 16th day of April, 2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _______ __ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_______________________________ __ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of _________________ _, 20 _______, at _______ o'clock _______ M. 
By: _________________________________