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Oklahoma Legislature· SB 1855Second Reading referred to Revenue and Taxation

An act relating to county assessors, the official text

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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 1855              By: Sacchieri
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6                               AS INTRODUCED

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7   An Act relating to county assessors; amending 68 O.S.

7   2021, Sections 2802, 2820, 2821, 2822, and 2829,

8   which relate to the Ad Valorem Tax Code; modifying

8   definition; modifying length of cycle for visual

9   inspection program; prescribing period of initial

9   modified cycle; making language gender neutral;

10  updating statutory language; updating statutory

10  references; and providing an effective date.

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11

12

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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 2802, is

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15 amended to read as follows:
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16  Section 2802. As used in Section 2801 et seq. of this title:

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17  1. "Accepted standards for mass appraisal practice" means those

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18 standards for the collection and analysis of information about
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19 taxable properties within a taxing jurisdiction permitting the
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20 accurate estimate of fair cash value for similar properties in the
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21 jurisdiction either without direct observation of such similar
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22 properties or without direct sales price information for such
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23 similar properties using a reliable statistical or other method to
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24 estimate the values of such properties;
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    Req. No. 2476                                              Page 1
1   2. "Additional homestead exemption" means the exemption

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2 provided by Section 2890 of this title;
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3   3. "Assessor" means the county assessor and, unless the context

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4 clearly requires otherwise, deputy assessors and persons employed by
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5 the county assessor in performance of duties imposed by law;
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6   4. "Assess and value" means to establish the fair cash value

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7 and taxable fair cash value of taxable real and personal property
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8 pursuant to requirements of law;
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9   5. "Assessed valuation" or "assessed value" means the

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10 percentage of the fair cash value of personal property, or the
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11 percentage of the taxable fair cash value of real property, pursuant
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12 to the provisions of Sections 8 and 8B of Article X of the Oklahoma
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13 Constitution, either of individual items of personal property,
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14 parcels of real property or the aggregate total of such individual
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15 taxable items or parcels within a jurisdiction;
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16  6. "Assessment percentage" means the percentage applied to

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17 personal property and real property pursuant to Section 8 of Article
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18 X of the Oklahoma Constitution;
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19  7. "Assessment ratio" means the relationship between assessed

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20 value and taxable fair cash value for a county or for use categories
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21 within a county expressed as a percentage determined in the annual
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22 equalization ratio study;
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    Req. No. 2476                                          Page 2
1   8. "Assessment roll" means a computerized or noncomputerized

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2 record required by law to be kept by the county assessor and
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3 containing information about property within a taxing jurisdiction;
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4   9. "Assessment year" means the year beginning January 1 of each

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5 calendar year and ending on December 31 preceding the following
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6 January 1 assessment date;
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7   10. "Circuit breaker" means the form of property tax relief

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8 provided by Sections 2904 through 2911 of this title;
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9   11. "Class of subjects" means a category of property

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10 specifically designated pursuant to provisions of the Oklahoma
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11 Constitution for purposes of ad valorem taxation;
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12  12. "Code" means the Ad Valorem Tax Code, Section 2801 et seq.

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13 of this title;
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14  13. "Coefficient of dispersion" means a statistical measure of

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15 assessment uniformity for a category of property or for all property
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16 within a taxing jurisdiction;
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17  14. "Confidence level" means a statistical procedure for

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18 determining the degree of reliability for use in reporting the
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19 assessment ratio for a taxing jurisdiction;
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20  15. "Cost approach" means a method used to establish the fair

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21 cash value of property involving an estimate of current construction
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22 cost of improvements, subtracting accrued depreciation including any
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23 loss in value that may be caused by physical deterioration,
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    Req. No. 2476                                               Page 3
1 functional obsolescence or economic obsolescence and adding the
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2 value of the land.
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3   a. Physical deterioration is a cause of depreciation that

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4                  is a loss in value due to ordinary wear and tear and

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5                  the forces of nature.

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6   b. Functional or internal obsolescence is the loss in

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7                  value of a property resulting from changes in tastes,

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8                  preferences, technical innovations or market

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9                  standards.

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10  c. Economic or external obsolescence is a cause of

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11                 depreciation that is a loss in value as a result of

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12                 impairment in utility and desirability caused by

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13                 factors outside the boundaries of the property or loss

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14                 of value in a property (relative, relative to the cost

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15                 of replacing it with a property of equal utility),

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16                 utility that stems from factors external to the

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17                 property;

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18  16. "County board of equalization" means the board which, upon

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19 hearing competent evidence, has the authority to correct and adjust
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20 the assessment rolls in its respective county to conform to fair
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21 cash value and such other responsibilities as prescribed in Section
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22 2801 et seq. of this title;
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23  17. "Equalization" means the process for making adjustments to

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24 taxable property values within a county by analyzing the
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    Req. No. 2476                                                Page 4
1 relationships between assessed values and fair cash values in one or
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2 more use categories within the county or between counties by
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3 analyzing the relationship between assessed value and fair cash
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4 value in each county;
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5   18. "Equalization ratio study" means the analysis of the

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6 relationships between assessed values and fair cash values in the
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7 manner provided by law;
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8   19. "Fair cash value" or "market value" means the value or

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9 price at which a willing buyer would purchase property and a willing
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10 seller would sell property if both parties are knowledgeable about
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11 the property and its uses and if neither party is under any undue
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12 pressure to buy or sell and for real property shall mean the value
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13 for the highest and best use for which such property was actually
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14 used, or was previously classified for use, during the calendar year
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15 next preceding the applicable January 1 assessment date;
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16  20. "Homestead exemption" means the reduction in the taxable

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17 value of a homestead as authorized by law;
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18  21. "Income and expense approach" means a method to estimate

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19 fair cash value of a property by determining the present value of
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20 the projected income stream;
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21  22. "List and assess" means the process by which taxable

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22 property is discovered, its description recorded for purposes of ad
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23 valorem taxation and its fair cash value and taxable fair cash value
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24 are established;
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    Req. No. 2476                                            Page 5
1   23. "Mill" or "millage" means the rate of tax imposed upon

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2 taxable value. One (1) mill equals One Dollar ($1.00) of tax for
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3 each One Thousand Dollars ($1,000.00) of taxable value;
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4   24. "Multiple regression analysis" means a statistical

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5 technique for estimating unknown data on the basis of known and
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6 available data;
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7   25. "Parcel" means a contiguous area of land described in a

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8 single description by a deed or other instrument or as one of a
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9 number of lots on a plat or plan, separately owned and capable of
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10 being separately conveyed;
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11  26. "Sales comparison approach" means the collection,

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12 verification, and screening of sales data, stratification of sales
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13 information for purposes of comparison and use of such information
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14 to establish the fair cash value of taxable property;
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15  27. "State Board of Equalization" means the Board responsible

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16 for valuation of railroad, airline and public service corporation
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17 property and the adjustment and equalization of all property values
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18 both centrally and locally assessed;
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19  28. "Taxable value" means the percentage of the fair cash value

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20 of personal property or the taxable fair cash value of real
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21 property, less applicable exemptions, upon which an ad valorem tax
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22 rate is levied pursuant to the provisions of Section 8 and Section
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23 8B of Article X of the Oklahoma Constitution;
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    Req. No. 2476                                               Page 6
1   29. "Taxable fair cash value" means the fair cash value of

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2 locally assessed real property as capped pursuant to Section 8B of
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3 Article X of the Oklahoma Constitution;
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4   30. "Use category" means a subcategory of real property, that

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5 is either agricultural use, residential use or commercial/industrial
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6 use but does not and shall not constitute a class of subjects within
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7 the meaning of the Oklahoma Constitution for purposes of ad valorem
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8 taxation;
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9   31. "Use value" means the basis for establishing fair cash

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10 value of real property pursuant to the requirement of Section 8 of
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11 Article X of the Oklahoma Constitution; and
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12  32. "Visual inspection program" means the program required in

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13 order to gather data about real property from physical examination
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14 of the property and improvements in order to establish the fair cash
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15 values of properties so inspected at least once each four (4) five
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16 (5) years and the fair cash values of similar properties on an
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17 annual basis.
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18  SECTION 2.     AMENDATORY   68 O.S. 2021, Section 2820, is

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19 amended to read as follows:
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20  Section 2820. A. Each county assessor shall conduct a

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21 comprehensive program for the individual visual inspection of all
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22 taxable property within his or her respective county. Each assessor
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23 shall thereafter maintain an active and systematic program of visual
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24 inspection on a continuous basis and shall establish an inspection
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    Req. No. 2476                                          Page 7
1 schedule which will result in the individual visual inspection of
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2 all taxable property within the county at least once each four (4)
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3 five (5) years.
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4   B. The first cycle of visual inspections for property shall

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5 begin upon January 1, 1991 January 1, 2027, as prescribed by Section
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6 2481.1 of Title 68 of the Oklahoma Statutes, and shall end upon
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7 December 31, 1994 December 31, 2031. Thereafter, each succeeding
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8 four-year five-year cycle for visual inspections shall begin upon
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9 January 1 of the year following the fourth fifth year of the
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10 preceding cycle and shall end upon December 31 of the applicable
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11 four-year five-year cycle. The county assessor shall utilize the
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12 standard parcel identification system required by law to assign each
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13 parcel of real property a unique identification code or number. The
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14 code or number shall be used to ensure that the inspection sequence
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15 for real property results in a visual inspection of each parcel at
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16 least once each four (4) five (5) years. Each successor of the
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17 county assessor shall use the same cycle as used by the assessor's
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18 predecessor in office for visual inspections of property.
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19  C. Prior to the beginning of the first visual inspection cycle

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20 and each subsequent visual inspection cycle, the county assessor
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21 shall develop a plan that details the number of real property
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22 parcels to be inspected in each year of the cycle by use category,
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23 geographic area or other basis, the resources and budget proposed to
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24 complete the inspections and the valuation methodology to be used in
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    Req. No. 2476                                             Page 8
1 determining the fair cash value of the real property and
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2 improvements thereon. The plan shall be adequate to ensure the
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3 visual inspection of all parcels of real property within the county
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4 at least once each four (4) five (5) years. The plan shall also be
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5 adequate to ensure that the information collected from the visual
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6 inspection of real property each year is sufficient to establish a
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7 representative sample from each use category in order to conduct the
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8 proper valuation of all taxable property within each use category by
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9 means of an accepted standard for mass appraisal practice. The
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10 county assessor shall submit the proposed plan to the Oklahoma Tax
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11 Commission by the first working day in October preceding the
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12 beginning of the four-year five-year cycle. The Oklahoma Tax
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13 Commission shall either approve the plan if the plan and resources
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14 are adequate to complete the cycle and if the plan will result in a
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15 representative sample from each use category in order to value all
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16 taxable property each year or shall correct and modify the plan in
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17 order to establish a program for visual inspection that will be
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18 completed by the end of the cycle and that will provide a
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19 representative sample from each use category in order to value all
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20 taxable property each year. An approved plan shall be made for each
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21 county as of the beginning date of each cycle and a copy of such
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22 plan shall be filed with the Oklahoma Tax Commission.
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23  D. Each year the county assessor shall submit a progress report

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24 to the Oklahoma Tax Commission indicating the number of real
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    Req. No. 2476                                             Page 9
1 property parcels inspected by use category, geographic area or other
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2 basis, the resources and budget expended in the last completed
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3 fiscal year and the valuation methodology used to determine fair
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4 cash values of the real property and improvements. The Oklahoma Tax
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5 Commission shall correct and modify any visual inspection plan
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6 during the four-year five-year cycle if progress reports indicate
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7 that inspection of real property parcels will not be completed or
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8 will be performed in violation of legal requirements for such
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9 inspections. The county assessor shall be required to complete the
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10 four-year five-year cycle in accordance with such plan as corrected
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11 and modified.
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12  E. Each county assessor shall prepare and submit to the

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13 Oklahoma Tax Commission a detailed report of the progress made in
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14 the visual inspection program in his or her county to the date of
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15 the report and it shall be made a matter of public record. Such
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16 report shall be submitted upon forms supplied by the Oklahoma Tax
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17 Commission and shall consist of such information as the Oklahoma Tax
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18 Commission requires. The progress report shall be submitted not
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19 later than October 15 each year or the first working day thereafter.
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20 Based in part on all such county progress reports, the Oklahoma Tax
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21 Commission shall prepare its own report from all sources and
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22 transmit a copy of its own report to the Legislature and the State
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23 Board of Equalization.
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    Req. No. 2476          Page 10
1   SECTION 3.     AMENDATORY       68 O.S. 2021, Section 2821, is

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2 amended to read as follows:
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3   Section 2821. A. Each county assessor shall cause real

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4 property to be physically inspected as part of the visual inspection
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5 cycle and shall require such examination as will provide adequate
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6 data from which to make accurate valuations.
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7   B. The information gathered from the physical inspection shall

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8 be relevant to the type of property involved, its use category, the
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9 valuation methodology to be used for the property, whether the
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10 methodology consists of the cost approach, an income and expense
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11 approach or sales comparison approach, and shall be complete enough
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12 in order to establish the fair cash value of the property in
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13 accordance with accepted standards for mass appraisal practice.
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14  C. Information gathered during the physical inspection shall be

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15 recorded using a standard method as prescribed by the Oklahoma Tax
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16 Commission in computerized or noncomputerized form. The information
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17 may include property ownership, location, size, use, use category, a
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18 physical description of the land and improvements or such other
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19 information as may be required.
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20  D. In order to conduct the visual inspections of real property

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21 during the four-year five-year cycle, each county assessor shall
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22 acquire and maintain cadastral maps and a parcel identification
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23 system. The standards for the cadastral maps and the parcel
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24 identification system shall be uniform for each county of the state
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    Req. No. 2476                               Page 11
1 and shall be in such form as developed by the Ad Valorem Task Force
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2 Division of the Oklahoma Tax Commission.
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3   E. The county assessor shall maintain a comprehensive sales

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4 file for each parcel of real property within the county containing
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5 relevant property characteristics, sales price information,
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6 adjustments to sales price for purposes of cash equivalency,
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7 transaction terms and such other information as may be required in
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8 order to establish the fair cash value of taxable real property.
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9 Each county assessor shall ensure that the office is equipped with
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10 adequate drafting facilities, tools, equipment and supplies in order
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11 to produce or update maps, sketches or drawings necessary to support
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12 the proper administration of the ad valorem tax and such other tools
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13 or equipment as may be required to perform duties imposed by law for
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14 the discovery and valuation of taxable property.
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15  SECTION 4.     AMENDATORY   68 O.S. 2021, Section 2822, is

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16 amended to read as follows:
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17  Section 2822. A. Each county assessor in budgets submitted to

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18 the county excise board or county budget board shall make adequate
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19 provision to effect countywide visual inspections of real property
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20 during the four-year five-year cycle.
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21  B. Each jurisdiction within a county which receives revenue

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22 from an ad valorem mill rate shall receive a copy of the budget for
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23 the countywide visual inspection program for that county. The
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24 county excise board or county budget board shall notify all such
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    Req. No. 2476                                    Page 12
1 jurisdictions of any meetings at which discussion or action on the
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2 budget for the comprehensive program of visual inspections is or may
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3 be on the agenda. Such jurisdictions shall have the opportunity to
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4 appear before the county excise board or the county budget board,
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5 prior to approval of such budgets, to provide testimony, comments,
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6 information, and documentation concerning the budgets submitted by
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7 the county assessor pursuant to subsection A of this section.
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8  C. The several county excise and budget boards, in passing upon

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9 budgets submitted by the several assessors, shall authorize and levy
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10 amounts which will suffice to carry out the countywide visual
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11 inspection program as approved by the Oklahoma Tax Commission under
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12 Section 2820 of this title. Such amounts shall be separate from
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13 other funds allocated to the office of county assessor and shall be
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14 used exclusively to carry out the countywide visual inspection
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15 program. The allocation of such amounts shall not serve to decrease
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16 other funds allocated to the office of county assessor by the county
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17 excise board or the county budget board. Any disputes as to the
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18 amount authorized to carry out the countywide visual inspection
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19 program shall be resolved by the county excise board; provided, the
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20 Oklahoma Tax Commission shall take such action as may be necessary
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21 to ensure that such amounts are used exclusively to carry out the
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22 countywide visual inspection program and that the allocation of such
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23 amounts does not serve to decrease other funds allocated to the
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24 office of county assessor.
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   Req. No. 2476               Page 13
1   SECTION 5.     AMENDATORY  68 O.S. 2021, Section 2829, is

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2 amended to read as follows:
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3   Section 2829. A. Each county assessor, in order to comply with

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4 the provisions of Section 17 2817 of this act title requiring the
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5 annual valuation of all taxable real and personal property within
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6 the county, shall establish the fair cash value of such taxable
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7 property using an accepted mass appraisal methodology.
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8   B. For purposes of this section "accepted mass appraisal

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9 methodology" shall mean the process for making estimates of fair
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10 cash value for a property about which no direct or timely
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11 information is available concerning economic value by using known
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12 information about the property characteristics, location, use, size,
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13 sales price and other information of similar properties. Such mass
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14 appraisal methodology may include multiple regression analysis or
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15 other statistical techniques for mass appraisal. If information of
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16 similar properties is not available in the taxing jurisdiction, the
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17 county assessor may use other applicable regional or national
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18 information to annually determine the fair cash value of a property
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19 estimated at the price it would bring at a fair voluntary sale as
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20 provided in Section 17 2817 of this act title.
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21  C. Each county assessor shall utilize the information gathered

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22 from the visual inspection of real property conducted during each
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23 year of the four-year five-year cycle for such inspections and shall
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24 conduct such statistical calculations using the data so acquired
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    Req. No. 2476                                             Page 14
1 together with sales price or other information available as may be
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2 required to make accurate estimates of fair cash values for all
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3 taxable real or personal property within the county each year. The
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4 results of such calculations shall be recorded on the assessment
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5 roll of the county on an annual basis in order to reflect any
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6 increase or decrease in the fair cash value of any property in any
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7 year.
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8   D. The statistical analysis required by this section shall be

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9 performed within each county using such computer facilities as may
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10 be available, but shall be conducted in accordance with procedures
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11 established for the uniform mass appraisal program established by
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12 the Oklahoma Tax Commission.
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13  SECTION 6. This act shall become effective January 1, 2027.

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    Req. No. 2476                                       Page 15
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