Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB823 Latest Draft

Bill / Introduced Version Filed 01/16/2025

                             
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 823 	By: Jett 
 
 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to ad valorem tax; amending 68 O.S. 
2021, Section 2812, which relates to the listing and 
assessment of manufactured homes ; authorizing certain 
owners of manufactured home to apply for homestead; 
amending 68 O.S. 2021, Sections 2888 and 2889, which 
relate to homestead exemption; increasing homestead 
exemption; and providing an effective date . 
 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     68 O.S. 2021, Section 2812, is 
amended to read as follows: 
Section 2812.  A.  Subject to the provisions of subsection B of 
Section 2813 of this title, a manufactured home w hich is located on 
land owned by the owner of the manufactured home shall be listed and 
assessed in the county in which it is located for ad valorem 
taxation as real property pursuant to the provisions of the Ad 
Valorem Tax Code.  The person owning and res iding in such 
manufactured home may apply for homestead exemption.  The county   
 
 
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assessor shall approve the application of such person if all 
requirements of law for such exemption have been met. 
B.  A manufactured home which is located on land not owned by 
the owner of the manufactured home shall be listed and assessed in 
the county in which it is located for ad valorem taxation as 
personal property pursuant to the provisions of the Ad Valorem Tax 
Code.  Provided, if the manufactured home is located on land not 
owned by the owner of the manufactured home, and it is the actual 
residence of the owner and otherwise meets the requirements for a 
homestead as provided in Section 2888 of this title, the person 
owning and residing in such manufactured home may apply for 
homestead exemption. 
C.  Each year that a manufactured home is subject to ad valorem 
taxes as provided by law, the county assessor and the county 
treasurer shall transmit the information relating to ad valorem tax 
payment to the Oklahoma Tax Commission , which shall identify the 
manufactured home and record the payment in the com puter data system 
provided for by Section 1113 of Title 47 of the Oklahoma Statutes. 
The county assessor and treasurer of each county shall provide such 
information as may be re quired in order to implement the provisions 
of this section. 
SECTION 2.     AMENDATORY     68 O.S. 2021, Section 2888, is 
amended to read as follows:   
 
 
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Section 2888.  A.  1.  The term “homestead”, as used in the 
provisions of the Ad Valorem Tax Code governing homestead 
exemptions, shall mean and include the actual re sidence of a natural 
person who is a citizen of this state, provided the record actual 
ownership of such residence be vested in such natural person 
residing and domiciled thereon .  Any single person of legal age, 
married couple and their minor child or children or the minor child 
or children of a deceased person, whether residing together or 
separated, or surviving spouse shall be allowed under Section 2801 
et seq. of this title o nly one homestead exemption in this state.  
No person or the family of such pe rson shall be required to be 
domiciled thereon if such person is in the armed service of the 
United States in time of war or during a state of national emergency 
as declared by the Congress or the President of the United States, 
and such person shall not be required to be domiciled thereon in 
order to assert or claim the exemption provided in Section 2889 of 
this title, and such exemption may be claimed by any agent of, or 
member of the family of, such person.  The surviving spouse and/or 
minor children of a deceased person shall be considered record 
owners of the homestead where the title of record in the office of 
the county clerk on January 1 is in the name of the deceased, but in 
all other cases the deed or other evidence of ownership must be of 
record in the office of the county clerk on January 1 in order for 
any person to be qualified as the record owner.  However, a natural   
 
 
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person actually owning, residing and domiciled in t he residence on 
January 1 shall be deemed to be the record owner of the reside nce on 
January 1, within the meaning of this section, if the deed or other 
evidence of ownership of such person, executed on or before January 
1, be of record in the office of th e county clerk on or before 
February 1 immediately following.  Despite any provision to the 
contrary in this section, if a parent or parents residing and 
domiciled in the residence own the residence jointly with one or 
more of their children, whether resid ing together or separated, and 
where the record joint ownership of the propert y is recorded in the 
office of the county clerk in accordance with the provisions of this 
section, the parent or parents residing and domiciled in the 
residence shall be entitled to the entire homestead exemption.  A 
rural homestead shall not include more than one hundred sixty (160) 
acres of land and the improvements thereon.  An urban homestead 
shall not include any land except the lot or lots, or the unplatted 
tract, upon which are located the dwelling, garage, barn and/or 
other outbuildings necessary or convenient for family use.  A 
homestead shall include a manufactured home or a fixed structure 
located on land not owned by the owner, as provided in Section 2812 
of this title. 
2.  Despite any provision to the contrary in this section, the 
person actually owning, residing and domiciled in the residence as 
of the date of a tornado shall be deemed to be the record owner of   
 
 
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the residence on such date, within the meaning of this sec tion, if 
the deed or other evidence of ownership of such person, executed on 
or before such date, be of record in the office of the county clerk 
on or before such date.  However, the provisions of this paragraph 
shall only apply to any person who is eligib le to claim the income 
tax credit pursuant to Section 2357.29A of this title with respect 
to a tornado or to any person whose primary residence was damaged or 
destroyed in a tornado and who purchased or built a new primary 
residence at a location within th is state other than the location of 
the damaged or destroyed residence.  For t he purposes of this 
section, “tornado” means a tornado which occurred in calendar year 
2013 or any subsequent tornado for which a Presidential Major 
Disaster Declaration was issu ed. 
B.  The term “rural homestead” as used herein shall mean and 
include any homestead located outside a city or town or outside any 
platted subdivision or addition. 
C.  The term “urban homestead” as used herein shall mean and 
include any homestead located within any city or town whether 
incorporated or unincorporated, or located wi thin a platted 
subdivision or addition, whether such subdivision or addition be a 
part of a city or town.  In no case shall an urban homestead exceed 
in area one (1) acre. 
D.  For purposes of the provisions of Section 8E and Section 8F 
of Article X of the Oklahoma Constitution, if a disabled veteran,   
 
 
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the surviving spouse of a disabled veteran or the surviving spouse 
of a person who died while in the line of duty occupies improveme nts 
which are affixed to the real property and record title to such real 
property is held by a city or town or an entity formed pursuant to 
the charter provisions or ordinances of a city or town or formed 
under other provisions of law for the benefit of su ch city or town, 
the improvements shall be considered to be the homestead of such 
disabled veteran or the surviving spouse of such disabled veteran 
for all purposes related to the homestead exemption authorized by 
the provisions of the Ad Valorem Tax Code and the homestead 
exemption shall not be denied on the basis that title to suc h 
affixed improvements is held by a disabled veteran or surviving 
spouse or an entity formed by them than the city or town which holds 
title to the real property consisting of th e land to which such 
improvements are affixed. 
SECTION 3.     AMENDATORY     68 O.S. 2021, Section 2889, is 
amended to read as follows: 
Section 2889.  Homesteads, as defined in Section 2888 of this 
title, are hereby classified for the pur pose of taxation as provided 
in Section 22 of Article X of the Oklahoma Consti tution.  All 
homesteads in this state shall be assessed for taxation the same as 
other real and personal property therein, except that each 
homestead, as defined by Section 2801 et seq. of this title, shall 
be exempted from all forms of ad valorem taxation to the extent of   
 
 
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One Thousand Dollars ($1,000.00) the full amount of the assessed 
valuation. 
SECTION 4.  This act shall become effective November 1, 2025. 
 
60-1-1552 QD 1/16/2025 12:47:17 AM