34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 681 By: Jech of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Johns of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to ad valorem tax; amending 68 O.S. |
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46 | 39 | | 2021, Section 2876, as last amended by Section 2, |
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47 | 40 | | Chapter 335, O.S.L. 2022 (68 O.S. Supp. 2024, Section |
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48 | 41 | | 2876), which relates to notice of increase of |
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49 | 42 | | property valuation and protest; requiring certain |
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50 | 43 | | notice of valuation increase to include information |
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51 | 44 | | on the limitation on fair cash value of certain |
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52 | 45 | | homesteads; and providing an effective date . |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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58 | 51 | | |
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59 | 52 | | BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA: |
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60 | 53 | | SECTION 1. AMENDATORY 68 O.S. 2021, Section 2876, as |
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61 | 54 | | last amended by Section 2, Chapter 335, O.S.L. 2022 (68 O.S. Supp. |
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62 | 55 | | 2024, Section 2876), is amended to read as follows: |
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63 | 56 | | Section 2876. A. If the county assessor increases the |
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64 | 57 | | valuation of any personal property above that returned by the |
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65 | 58 | | taxpayer, or in the case of real property increases the fair cash |
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66 | 59 | | value or the taxable fair cash value from the preceding year, or |
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67 | 60 | | pursuant to the requirements of l aw if the assessor has added |
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98 | 90 | | county assessor determines that a m ailing to property owners exempt |
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99 | 91 | | from payment of ad valorem tax pursuant to Sections 8E and 8F of |
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100 | 92 | | Article X of the Oklahoma Constitution would create an undue burden, |
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101 | 93 | | then the county assessor may suspend notifications to those property |
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102 | 94 | | owners. |
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103 | 95 | | B. For cases in which the taxable fair cash value or fair cash |
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104 | 96 | | value of real property has increased, the notice shall include the |
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105 | 97 | | fair cash value of the property for the current year, the taxable |
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106 | 98 | | fair cash value for the preceding and current year, the assessed |
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107 | 99 | | value for the preceding and current year and the assessment |
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108 | 100 | | percentage for the preceding and current year. For cases in which |
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109 | 101 | | the real property is a homestead, as defined in Section 2888 of this |
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110 | 102 | | title, the notice shall include infor mation on the application for a |
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111 | 103 | | limit on the fair cash value of a homestead property as provided for |
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112 | 104 | | in Section 8C of Article X of the Oklahoma Constitution. |
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113 | 105 | | C. For cases in which the county assessor increases the |
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114 | 106 | | valuation of any personal property above that returned by the |
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115 | 107 | | taxpayer, the notice shall describe the property with sufficient |
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116 | 108 | | accuracy to notify the taxpayer as to the property included, the |
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117 | 109 | | fair cash value for the current year, the assessment percentage for |
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118 | 110 | | the current year, any penalty for the current year pursuant to |
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148 | 139 | | D. The notice shall be mailed to the taxpayer at the taxpayer ’s |
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149 | 140 | | last-known address and shall clearly be marked with the mailing |
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150 | 141 | | date. The assessor shall have the capabil ity to duplicate the |
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151 | 142 | | notice, showing the date of mailing. Such record shall be prima |
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152 | 143 | | facie evidence as to the fact of notice having been given as |
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153 | 144 | | required by this section. |
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154 | 145 | | E. The taxpayer shall have thirty (30) calendar days from the |
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155 | 146 | | date the notice was mailed in which to file a written protest with |
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156 | 147 | | the county assessor specifying objections to the increase in fair |
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157 | 148 | | cash value or taxable fair cash value by the county assessor; |
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158 | 149 | | provided, in the case of a scrivener ’s error or other admitted error |
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159 | 150 | | on the part of the county assessor, the assessor may make |
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160 | 151 | | corrections to a valuation at any time, notwithstanding the thirty - |
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161 | 152 | | day period specified in this subsection. The protest shall set out |
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162 | 153 | | the pertinent facts in relation to the matter contained in the |
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163 | 154 | | notice in ordinary and concise language and in such manner as to |
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164 | 155 | | enable a person of common understanding to know what is intended. |
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165 | 156 | | The protest shall be made upon a form prescribed by the Oklahoma Tax |
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166 | 157 | | Commission. |
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167 | 158 | | F. A taxpayer may file a protest if the valuation of p roperty |
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168 | 159 | | has not increased or decreased from the previous year if the protest |
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198 | 188 | | G. At the time of filing a protest pursuant to subsections E |
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199 | 189 | | and F of this section, the taxpayer shall also file the form |
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200 | 190 | | provided for in Section 2835 of this title. If the taxpayer fails |
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201 | 191 | | to file the required form, a presumption shall exist in favor of the |
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202 | 192 | | correctness of the county assessor ’s valuation in any appeal of the |
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203 | 193 | | county assessor’s valuation. |
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204 | 194 | | H. The county assessor shall schedule an informal hearing with |
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205 | 195 | | the taxpayer to hear the protest as to the disputed valuation or |
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206 | 196 | | addition of omitted property. The informal h earing may be held in |
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207 | 197 | | person or may be held telephonically, if requested by the taxpayer. |
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208 | 198 | | A taxpayer that is unable to participate in a scheduled informal |
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209 | 199 | | hearing, either in person or telephonically, shall be given at least |
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210 | 200 | | two additional opportunities to participate on one of two |
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211 | 201 | | alternative dates provided by the county assessor, each on a |
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212 | 202 | | different day of the week, before the county assessor or an |
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213 | 203 | | authorized representative of the county assessor. The assessor |
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214 | 204 | | shall issue a written decision in the matter disputed within seven |
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215 | 205 | | (7) calendar days of the date of the informal hearing and shall |
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216 | 206 | | provide by regular or electronic mail a copy of the decision to the |
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217 | 207 | | taxpayer. The decision shall clearly be marked with the date it was |
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218 | 208 | | mailed. Within fifteen (15) calendar days of the date the de cision |
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219 | 209 | | is mailed, the taxpayer may file an appeal with the county board of |
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249 | 238 | | or delivered to the county assessor and one copy shall be mailed or |
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250 | 239 | | delivered to the county board of equalization. On receipt of the |
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251 | 240 | | notice of an appeal to the county board of equalization by the |
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252 | 241 | | taxpayer, the county assessor shall provide the county board of |
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253 | 242 | | equalization with all information submitted by the taxpayer, data |
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254 | 243 | | supporting the disputed valuation and a written explanation of the |
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255 | 244 | | results of the informal hearing. |
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256 | 245 | | SECTION 2. This act shall become effective November 1, 2025. |
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