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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1839 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to ad valorem tax; amending 68 O.S.
7 2021, Sections 2803 and 2817, as amended by Section
8 1, Chapter 374, O.S.L. 2022 (68 O.S. Supp. 2025,
8 Section 2817), which relate to the Ad Valorem Tax
9 Code; expanding classifications of property for
9 purposes of ad valorem taxation; providing exception
10 to listing and assessment requirement; updating
10 statutory language; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 68 O.S. 2021, Section 2803, is
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15 amended to read as follows:
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16 Section 2803. A. The Legislature, pursuant to authority of
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17 Article X, Section 22 of Article X of the Oklahoma Constitution,
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18 hereby classifies the following types of property for purposes of ad
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19 valorem taxation:
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20 1. Real property;
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21 2. Personal property, except as provided in paragraph
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22 paragraphs 3 and 6 of this subsection;
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23 3. Personal property which is household goods of the head of
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24 families and livestock employed in support of the family in those
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1 counties which have exempted such property pursuant to subsection
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2 (b) B of Section 6 of Article X of the Oklahoma Constitution;
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3 4. Public service corporation property; and
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4 5. Railroad and air carrier property; and
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5 6. Personal property of an owner which is de minimis personal
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6 property and has a fair cash of Five Thousand Dollars ($5,000.00) or
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7 less.
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8 B. Valuation of each class of subjects shall be made by a
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9 method appropriate for each class or any subclass thereof, as
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10 established by the Ad Valorem Division of the Oklahoma Tax
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11 Commission.
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12 C. Classification as provided by this section shall require
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13 uniform treatment of each item within a class or any subclass as
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14 provided in Article X, Section 5 of Article X of the Oklahoma
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15 Constitution.
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16 SECTION 2. AMENDATORY 68 O.S. 2021, Section 2817, as
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17 amended by Section 1, Chapter 374, O.S.L. 2022 (68 O.S. Supp. 2025,
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18 Section 2817), is amended to read as follows:
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19 Section 2817. A. All taxable personal property, except
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20 intangible personal property, personal property exempt from ad
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21 valorem taxation, personal property classified as de minimis
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22 pursuant to paragraph 6 of Section 2803 of this title, or household
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23 personal property, shall be listed and assessed each year at its
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1 fair cash value, estimated at the price it would bring at a fair
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2 voluntary sale, as of January 1.
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3 The fair cash value of household personal property shall be
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4 valued at ten percent (10%) of the appraised value of the
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5 improvement to the residential real property within which such
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6 personal property is located as of January 1 each year. The
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7 assessment of household personal property as provided by this
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8 section may be altered by the taxpayer listing such property at its
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9 actual fair cash value. For purposes of establishing the value of
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10 household personal property, pursuant to the requirement of Section
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11 8 of Article X of the Oklahoma Constitution, the percentage of value
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12 prescribed by this section for the household personal property shall
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13 be presumed to constitute the fair cash value of the personal
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14 property.
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15 Stocks of goods, wares, and merchandise shall be assessed at the
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16 value of the average amount on hand during the preceding year, or
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17 the average amount on hand during the part of the preceding year the
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18 stock of goods, wares, or merchandise was at its January 1 location.
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19 Provided, persons primarily engaged in selling lumber and other
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20 building materials including cement and concrete, except for home
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21 centers classified under Industry No. 444110 of the North American
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22 Industrial Industry Classification Systems System (NAICS) Manual,
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23 shall be assessed at the average value of the inventory on hand as
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1 of January 1 of each year and the value of the inventory on hand as
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2 of December 31 of the same year.
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3 B. All taxable real property shall be assessed annually as of
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4 January 1, at its fair cash value, estimated at the price it would
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5 bring at a fair voluntary sale for:
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6 1. The highest and best use for which the property was actually
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7 used during the preceding calendar year; or
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8 2. The highest and best use for which the property was last
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9 classified for use if not actually used during the preceding
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10 calendar year.
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11 When improvements upon residential real property are divided by
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12 a taxing jurisdiction line, those improvements shall be valued and
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13 assessed in the taxing jurisdiction in which the physical majority
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14 of those improvements are located.
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15 The Ad Valorem Division of the Oklahoma Tax Commission shall be
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16 responsible for the promulgation of rules which shall be followed by
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17 each county assessor of the state, for the purposes of providing for
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18 the equitable use valuation of locally assessed real property in
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19 this state. Agricultural land and nonresidential improvements
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20 necessary or convenient for agricultural purposes shall be assessed
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21 for ad valorem taxation based upon the highest and best use for
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22 which the property was actually used, or was previously classified
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23 for use, during the calendar year next preceding January 1 on which
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24 the assessment is made.
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1 C. The use value of agricultural land shall be based on the
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2 income capitalization approach using cash rent. The rental income
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3 shall be calculated using the direct capitalization method based
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4 upon factors including, but not limited to:
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5 1. Soil types, as depicted on soil maps published by the
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6 Natural Resources Conservation Service of the United States
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7 Department of Agriculture;
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8 2. Soil productivity indices approved by the Ad Valorem
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9 Division of the Tax Commission;
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10 3. The specific agricultural purpose of the soil based on use
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11 categories approved by the Ad Valorem Division of the Tax
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12 Commission; and
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13 4. A capitalization rate to be determined annually by the Ad
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14 Valorem Division of the Tax Commission based on the sum of the
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15 average first mortgage interest rate charged by the Federal Land
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16 Bank for the immediately preceding five (5) years, weighted with the
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17 prevailing rate or rates for additional loans or equity, and the
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18 effective tax rate.
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19 The final use value will be calculated using the soil
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20 productivity indices and the agricultural use classification as
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21 defined by rules promulgated by the State Board of Equalization.
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22 This subsection shall not be construed in a manner which is
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23 inconsistent with the duties, powers, and authority of the Board as
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1 to valuation of the counties as fixed and defined by Section 21 of
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2 Article X of the Oklahoma Constitution.
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3 However, in calculating the use value of buffer strips as
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4 defined in Section 2817.2 of this title, exclusive consideration
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5 shall be based only on income from production agriculture from such
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6 buffer strips, not including federal or state subsidies, when valued
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7 as required by subsection C of Section 2817.2 of this title.
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8 D. The use value of nonresidential improvements on agricultural
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9 land shall be based on the cost approach to value estimation using
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10 currently updated cost manuals published by the Marshall and Swift
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11 Company or similar cost manuals approved by the Ad Valorem Division
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12 of the Tax Commission. The use value estimates for the
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13 nonresidential improvements shall take obsolescence and depreciation
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14 into consideration in addition to necessary adjustments for local
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15 variations in the cost of labor and materials. This section shall
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16 not be construed in a manner which is inconsistent with the duties,
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17 powers, and authority of the Board as to equalization of valuation
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18 of the counties as determined and defined by Section 21 of Article X
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19 of the Oklahoma Constitution.
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20 The use value of facilities used for poultry production shall be
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21 determined according to the following procedures:
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22 1. The Ad Valorem Division of the Tax Commission is hereby
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23 directed to develop a standard system of valuation of both real and
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24 personal property of such facilities, which shall be used by all
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1 county assessors in this state, under which valuation based on the
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2 following shall be presumed to be the fair cash value of the
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3 property:
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4 a. for real property, a ten-year depreciation schedule,
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5 at the end of which the residual value is twenty
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6 percent (20%) of the value of the facility during its
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7 first year of operation, and
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8 b. for personal property, a five-year depreciation
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9 schedule, at the end of which the residual value is
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10 zero;
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11 2. Such facilities shall be valued only in comparison to other
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12 facilities used exclusively for poultry production. Such a facility
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13 which is no longer used for poultry production shall be deemed to
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14 have no productive use;
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15 3. During the first year such a facility is placed on the tax
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16 rolls, its fair cash value shall be presumed to be the lesser of the
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17 actual purchase price or the actual documented cost of construction;
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18 and
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19 4. For the purpose of determining the valuation of
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20 nonresidential improvements used for poultry production, the
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21 provisions of this subsection shall be applicable and such
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22 improvements shall not be considered to be commercial property.
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23 E. The value of investment in property used exclusively by an
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24 oil refinery that is used wholly as a facility, device, or method
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1 for the desulphurization of gasoline or diesel fuel as defined in
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2 Section 2817.3 of this title shall not be included in the
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3 capitalization used in the determination of fair market value of
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4 such oil refinery if such property would qualify as exempt property
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5 pursuant to Section 2902 of this title, whether or not an
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6 application for such exemption is made by an otherwise qualifying
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7 manufacturing concern owning the property described by Section
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8 2817.3 of this title.
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9 F. The use value of a lot in any platted addition or a
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10 subdivision in a city, town, or county zoned for residential,
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11 commercial, industrial, or other use shall be deemed to be the fair
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12 cash value of the underlying tract of land platted, divided by the
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13 number of lots contained in the platted addition or subdivision
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14 until the lot shall have been conveyed to a bona fide purchaser or
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15 the lot with building or buildings located thereon shall have been
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16 occupied other than as a sales office by the owner thereof, or shall
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17 have been leased, whichever event shall first occur. One who
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18 purchases a lot for the purposes of constructing and selling a
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19 building on such lot shall not be deemed to be a bona fide purchaser
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20 for purposes of this section. However, if the lot is held for a
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21 period longer than two (2) years before construction, then the
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22 assessor may consider the lot to have been conveyed to a bona fide
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23 purchaser. The cost of any land or improvements to any real
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24 property required to be dedicated to public use including, but not
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1 limited to, streets, curbs, gutters, sidewalks, storm or sanitary
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2 sewers, utilities, detention or retention ponds, easements, parks,
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3 or reserves shall not be utilized by the county assessor in the
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4 valuation of any real property for assessment purposes.
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5 G. The transfer of real property without a change in its use
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6 classification shall not require a reassessment thereof based
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7 exclusively upon the sale value of the property. However, if the
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8 county assessor determines:
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9 1. That by reason of the transfer of a property there is a
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10 change in the actual use or classification of the property; or
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11 2. That by reason of the amount of the sales consideration it
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12 is obvious that the use classification prior to the transfer of the
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13 property is not commensurate with and would not justify the amount
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14 of the sales consideration of the property;
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15 then the assessor shall, in either event, reassess the property for
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16 the new use classification for which the property is being used, or,
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17 the highest and best use classification for which the property may,
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18 by reason of the transfer, be classified for use.
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19 H. When the term "fair cash value" or the language "fair cash
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20 value, estimated at the price it would bring at a fair voluntary
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21 sale" is used in the Ad Valorem Tax Code, in connection with and in
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22 relation to the assessment of real property, it is defined to mean
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23 and shall be given the meaning ascribed and assigned to it in this
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24 section and when the term or language is used in the Code in
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1 connection with the assessment of personal property it shall be
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2 given its ordinary or literal meaning.
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3 I. Where any real property is zoned for a use by a proper
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4 zoning authority, and the use of the property has not been changed,
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5 the use and not zoning shall determine assessment. Any reassessment
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6 required shall be effective January 1 following the change in use.
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7 Taxable real property need not be listed annually with the county
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8 assessor.
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9 J. If any real property shall become taxable after January 1 of
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10 any year, the county assessor shall assess the same and place it
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11 upon the tax rolls for the next ensuing year. When any building is
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12 constructed upon land after January 1 of any year, the value of the
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13 building shall be added by the county assessor to the assessed
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14 valuation of the land upon which the building is constructed at the
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15 fair cash value thereof for the next ensuing year. However, after
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16 the building has been completed it shall be deemed to have a value
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17 for assessment purposes of the fair cash value of the materials used
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18 in such building only, until the building and the land on which the
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19 building is located shall have been conveyed to a bona fide
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20 purchaser or shall have been occupied or used for any purpose other
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21 than as a sales office by the owner thereof, or shall have been
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22 leased, whichever event shall first occur. The county assessor
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23 shall continue to assess the building based upon the fair market
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24 value of the materials used therein until the building and land upon
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Req. No. 2235 Page 10
1 which the building is located shall have been conveyed to a bona
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2 fide purchaser or is occupied or used for any purpose other than as
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3 a sales office by the owner thereof, or is leased, whichever event
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4 shall first occur.
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5 K. In the event improvements on land or personal property
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6 located therein or thereon are destroyed or partially destroyed, or
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7 the land itself is impaired or partially impaired by fire,
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8 lightning, storm, winds, floodwaters, overflow of streams, or other
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9 cause (all such destruction or impairments being referred to herein
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10 as "damage") during any year, the county assessor shall determine
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11 the amount of damage and shall reassess the property for that year
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12 at the fair cash value of the property, taking into account the
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13 actual loss of functional use of the property occasioned by such
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14 damage. The assessor shall make the appropriate value adjustments
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15 to the property for that tax year up to the time at which the
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16 assessor publishes the "Assessor's Report to the Excise Board" as
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17 required by subsection D of Section 2867 of this title. After such
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18 time, adjustments can be made only by the county board of tax roll
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19 corrections and only after the assessor has certified the tax roll
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20 for that year. The board secretary shall notify property owners in
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21 advance of the time and place at which the value adjustment to their
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22 property will be heard by the board. The board of tax roll
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23 corrections is authorized only to approve or reject the value
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24 adjustment submitted by the county assessor.
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1 L. All taxable personal property used in the exploration of
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2 oil, natural gas, or other minerals including drilling equipment and
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3 rigs, shall be assessed annually at the value set forth in the first
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4 Hadco International monthly bulletin published for the tax year,
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5 using the appropriate depth rating assigned to the drawworks by its
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6 manufacturer and the actual condition of the rig.
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7 M. The value of taxable tangible personal property used in
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8 commercial disposal systems of waste materials from the production
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9 of oil and gas shall not include any contract rights or leases for
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10 the use of such systems nor any value associated with the wellbore
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11 or non-recoverable down-hole material including casing.
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12 SECTION 3. This act shall become effective January 1, 2027.
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14 60-2-2235 QD 1/14/2026 11:31:06 PM
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Req. No. 2235 Page 12Every fact on this page links to its source, starting with the official bill record.