Req. No. 356 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 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 60th Legislature (2025) SENATE BILL 315 By: Stanley AS INTRODUCED An Act relating to the inspection of real property; amending 68 O.S. 2021, Sections 2802, 2821, and 2823, which relate to the visual inspection of real property; modifying definition; modifying certain requirements for physical inspection of certain real property; updating statutory language; updating statutory reference; and providing an effective date . BE IT ENACTED BY THE P EOPLE 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 information 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 suc h similar properties or without direct sales price information for such similar properties using a reliable statistical or other method to estimate the values of such properties; Req. No. 356 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. “Additional homestead exemption ” means the exemption provided by Section 2890 of this title; 3. “Assessor” means the county assessor 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 taxable 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; Req. No. 356 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. “Assessment roll” means a computerized or noncomputerized record required by law to be kept by the county assessor and containing information about property wi thin 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 property 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, Sec tion 2801 et seq. of this title; 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 construction cost of improvements, subtracting accrued depreciation including any loss in value that may be caused by physical deterioration, Req. No. 356 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 propert y or loss of value in a property (relative to the 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 a uthority to correct and adjust the assessment rolls in its respective county t o 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 analyzing the relationships between assessed values and fair cash values in one or Req. No. 356 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 study ” 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 actually used, or was previously classi fied for use, during the calendar year next preceding the applicable January 1 assessment date; 20. “Homestead exemption” means the reduction in the taxable value of a homestead as authorized by law; 21. “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. “List and assess” means the process by which taxable property is discovered, its description recorded for purposes of ad valorem taxation, and its fair cash value and taxable fair cash value are established; Req. No. 356 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. “Mill” or “millage” means the rate of tax imposed upon taxable value. One (1) mill equals One Dollar ($1.00) of t ax for each One Thousand Dollars ($1,000.00) of taxable value; 24. “Multiple regression analysis ” means a statistical technique for estimating unknown data on the basis of known and available data; 25. “Parcel” means a contiguous area of land described i n 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. “Sales comparison approach ” means the collection, verification, and screening of sales dat a, stratification of sales information for purposes of comparison , and use of such information to establish the fair cash value of taxable property; 27. “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 pro perty values both centrally and locally assessed; 28. “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; Req. No. 356 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 29. “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 Cons titution; 30. “Use category” means a subcategory of real property, that is either agricultural use, residential use , or commercial/industrial use but does not and shall not cons titute a class of subjects within the meaning of the Oklahoma Constitution for purposes of ad valorem taxation; 31. “Use value” means the basis for establishing fair cash value of real property pursuant to the requirement of Section 8 of Article X of the Oklahoma Constitution; and 32. “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 inspec ted 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 shal l cause real property to be physically inspected as part of the visual inspect ion cycle and shall require such examination as will provide adequate data from which to make accurate valuations. B. The information gathered from the physical inspection shall be relevant to the type of property involved, its use category, the Req. No. 356 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 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 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 complet e 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 Okl ahoma 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. 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 identification 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. 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 pr ice 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. Req. No. 356 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. AMENDATORY 68 O.S. 2021, Section 2823, is amended to read as follows: Section 2823. A. For each fiscal year, the cost of the comprehensive program of visual inspections for real property and the cost of physical inspections of personal property shall be paid by appropriate warrants from those who receive the revenues of the mill rates levied on the property of the county as prescribed by this section. School distric ts are hereby authorized to pay such costs from revenues accruing to their building funds. The county assessor shall prepare a budget for the comprehensive program of visual inspections for real property and the cost of physical inspections of personal property and file such budget with the county excise board or county budget board. B. The county excise board or county budget board shall apportion such cost among the various re cipients of revenues from the mill rates levied, including the county, all cit ies and towns, all school districts, all sinking funds of such recipients, and all jurisdictions specified in subsection D of this section, in the Req. No. 356 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ratio which each recipient ’s total tax collection authorized from its mill rates levied for the preceding year bears to the total tax collection authorized of all recipients from all their mill rates levied for the preceding year. The cost shall include only those expenses directly att ributable to the visual inspection program and those expenses directly attribu table to physical inspections of personal property and shall not include any expenses of the office of the county assessor which, in the judgment of the county excise board or county budget board, are expenses of county assessor ’s office which would exist in the absence of such program or in the absence of physical on-site inspection of personal property. Expenses that are attributable both to the visual inspection program and physical on-site inspection of personal property, and which would exist in the a bsence of such program or inspection, including , but not limited to, salaries, employee benefits, office supplies , and equipment, may be prorated; provided, no portion of the sal ary of the county assessor shall be included in such costs. C. Upon receipt of the billing statement provided for in subsections D and E of this section by each such recipient, the mill rates to be established by the board for each such recipient for the current year shall include and be based upon such amounts and shall constitute an appropriation of such amounts to the county assessor for expenditure for the expenses of administering the visual inspection program each year. In the case of a sinking fund of a Req. No. 356 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 recipient, if, after approving its budget, the governing body of a recipient notifies the board in writing that there are no funds appropriated to pay the amount of the billing statement for such sinking fund, such notice shall constitute conclusive evidence of a financial obligation of the recipient as it relates to such sink ing fund. The board may seek a judgment for the amount of such obligation and court costs in the district court of the county in which the board is located. D. The county asses sor shall render a statement to each of the jurisdictions within the county which receive revenue from an ad valorem mill rate. Such statement shall include the following information: 1. The current fiscal year in which the charge has been incorporated in the jurisdiction’s budget; 2. All jurisdictions receiving statements from t he county assessor, the mill rate for each in the previous year, and the proportion of each to the combined mill rates of all jurisdictions within the county for the previous yea r. The proportions specified in this paragraph should equal a total of one hundred percent (100%); 3. The charge for the entity receiving the statement as well as the charge for each jurisdiction of the county based upon the proportions specified in para graph 2 of this subsection. The total of all current year charges for all cou nty jurisdictions should Req. No. 356 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 equal the total visual inspection program budget for the current fiscal year; 4. The amount of the total budget for the office of the county assessor and the percentage that visual inspection program expenses are of such total budget; and 5. A copy of the County Budget Visual Inspection Account county budget visual inspection account and a brief description of the areas to be visually inspected for the c urrent fiscal year, consistent with the plan on file with the Oklahoma Tax Com mission pursuant to Section 2820 of this title. E. In any county wherein any jurisdiction ’s budget and mill rates are not subject to review and approval by the county excise board, the county assessor shall nevertheless include any such jurisdiction in the calculations required under subsection A of this section. The county assessor shall also render a billing statement to any such jurisdiction showing the charge for the current fiscal year due from the jurisdiction. Such billing statement shall also show all the information specified in subsection D of this section. Such billing statement shall clearly indicate that the charge payable by the jurisdiction is due and payable by December 31 of the current fiscal year. SECTION 4. This act shall become effective November 1, 2025. 60-1-356 MSBB 12/31/2024 9:28:29 AM