1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 1st Session of the 59th Legislature (2023) | | | 4|COMMITTEE SUBSTITUTE | |FOR | 5|HOUSE BILL NO. 1825 By: Conley of the House | | | 6| and | | | 7| Jett of the Senate | | | 8| | | | 9| | | | 10| COMMITTEE SUBSTITUTE | | | 11| An Act relating to revenue and taxation; amending 68 | | O.S. 2021, Section 2940, which relates to property | 12| acquired for certain public purposes; requiring | | county treasurer to provide certain information | 13| related to ad valorem tax liability upon request of | | seller or agent of seller; providing for | 14| applicability of requirements based on designated | | date; and prescribing time limit for response by | 15| county treasurer. | | | 16| | | | 17| | | | 18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 19| SECTION 1. AMENDATORY 68 O.S. 2021, Section 2940, is | | | 20|amended to read as follows: | | | 21| Section 2940. A. Whenever the United States, the state, or a | | | 22|city, town, county, school district, or any other political | | | 23|subdivision, including, but not limited to, a turnpike authority, | | | 24|municipal trust, water or conservation district, flood control | | | arsid2233784 HB1825 HFLR Page 1 ___________________________________________________________________________
1|district, levee or waterway improvement district, urban renewal | | | 2|authority, public housing authority, or any other authority | | | 3|authorized by law, state or federal, acquires title to any real | | | 4|property for a governmental purpose between January 1 and October 1 | | | 5|of the tax year, such property shall be relieved of ad valorem tax | | | 6|for the remaining months of the year beginning with the first of the | | | 7|month next succeeding the date its acquisition for public purposes | | | 8|becomes a matter of public record, if the deed thereto was recorded | | | 9|prior to October 1; provided, however, that all taxes assessed | | | 10|against such property prior to its acquisition shall be paid in full | | | 11|and there be paid a sum equal to one-twelfth (1/12) times the number | | | 12|of months that the property remained in private ownership of an | | | 13|amount estimated by the county treasurer of the county wherein the | | | 14|real property lies to be substantially equal to the amount of tax | | | 15|which would have been or will become due and payable for the year | | | 16|had the real property not been acquired for public purposes. In | | | 17|estimating the amount of taxes which would have been or will become | | | 18|due and payable for the tax year had the real property not been | | | 19|acquired for public purposes the county treasurer shall use as a | | | 20|basis the current assessment and the tax rate for the preceding | | | 21|year, unless the tax for the current year shall be by then | | | 22|determined and set, in which event he shall use as basis the new | | | 23|assessment and rate. The public agency acquiring the property shall | | | 24|deduct the amount of such taxes from the purchase price payable to | | | arsid2233784 HB1825 HFLR Page 2 ___________________________________________________________________________
1|the private owner and remit the same to the county treasurer in | | | 2|satisfaction of such taxes. The county treasurer of any county is | | | 3|hereby authorized upon order of the board of tax roll corrections to | | | 4|cancel of record all taxes assessed against such property for the | | | 5|year of its acquisition when the deed thereto was recorded prior to | | | 6|October 1 and the aforesaid estimated amount of the tax for the | | | 7|months that the property was in private ownership is paid, which | | | 8|order shall be issued upon application of the acquiring authority. | | | 9| B. If real property is sold to an entity that is exempt from | | | 10|payment of ad valorem tax pursuant to federal law, Section 6 of | | | 11|Article X of the Oklahoma Constitution or otherwise, notwithstanding | | | 12|the terms of sale or the provisions of any escrow agreement between | | | 13|the seller and the buyer, if the seller of the property, or the | | | 14|seller's agent, makes a request of the county treasurer of the | | | 15|applicable county to provide an ad valorem tax bill for the property | | | 16|based on the tax liability as determined for the property as of the | | | 17|sale date, the county treasurer shall provide such statement to the | | | 18|seller not later than ten (10) business days from the date of any | | | 19|written request to do so. The provisions of this subsection shall | | | 20|be applicable to the sale of any real property occurring on or after | | | 21|January 1, 2023. | | | 22| | | | 23|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated | |03/06/2023 - DO PASS, As Amended and Coauthored. | 24| | | | arsid2233784 HB1825 HFLR Page 3