Technical corrections Collectors (Amendment of ACA § 26-37-302(b))


Tere are still a few places in the code where it mentions Oct. 10 as the deadline for taxes instead of the Oct. 15. For example, ACA § 26-37-302(b) is proposed to read as follows: “Te penal- ties and interest shall accrue beginning on October 16 in the year of delinquency.”


Mobile home registration (Amendment of ACA § 27-14-1602(a))


Collecting mobile home taxes can be a challenge. Tis pro- posed bill removes the permissive language from ACA § 27-14- 1602 and mandates any owner of a mobile home to register it with the Office of Motor Vehicles.


Require current personal taxes to be paid at the time of the sale of real estate (Amendment of ACA § 26-35-601(c))


As the code reads now; any person, firm, partnership, or corpo- ration selling real estate is required to pay any delinquent person- al property taxes at the time of the transaction. Tis bill would amend ACA § 26-35-601 and also require the seller to pay the current personal taxes that would normally be due Oct. 15.


Facsimile signatures and digitized signatures Treasurers


(Amendment of ACA § 21-10-101, 102 and § 14-24-204) Tis proposed bill further defines and would allow treasurers to


utilize facsimile and/or computer-produced digitized signatures when the treasurer has established adequate internal administra- tive procedures and controls approved by Arkansas Legislative Audit Committee. Tis provision more clearly defines “facsimile signature” meaning the manual signature of an authorized officer by saving electronically.


Commission exceptions (Amendment of ACA § 21-6-302) Tis proposed bill aims to clarify that all exceptions to the county treasurer commission rule shall be set forth in this stat- ute to be valid exceptions. It also states moneys deposited in the county treasurer’s automation fund may accumulate and are not subject to the distribution of excess commission. Additional items the treasurer handles that are added to the exceptions in this provision include: money collected from risk management services, federal or state grants and any funds the county treasurer is not statutorily or by ordinance authorized to handle. It also clarifies that all annual commissions not used for the operation of the county treasurer’s office except those commissions set aside in the county treasurer’s automation fund (up to 10 percent of the gross commission collected annually), shall be prorated to the appropriate entities as excess commission.


County fiscal year and accounting method (Amendment of ACA § 14-71-101) Tis bill states counties shall use a modified accrual basis of ac- counting for audit purposes. A modified accrual basis of account- ing is a system that recognizes revenues when they become avail- able and measurable and recognizes expenditures when liabilities


are incurred. Both revenues and expenditures will be accruable to the county fiscal year incurred by a county on or before year-end. Tose that are not issued an accounts payable claim until the next year shall be posted to the prior-year appropriations journal when paid within the first two months of the new fiscal year.


Returns, school district coordinator clean up (Amendment of ACA § 26-36-209 and § 6-12-316) Tis amendment strikes language addressing tax delinquent pen- alties in regards to counties with a functioning executive council and a full-time school district coordinator. Formerly, these mon- eys were split to county general and the county common school fund. Arkansas code allowing for the establishment of an executive council and school district coordinator was repealed by Act 1276 of 2015, and county school district coordinators no longer exist. Section 2 of this proposed bill also repeals the perimeters for the salary and operation of the office of school district coordinator.


Definition of homestead Assessors (Amendment of ACA § 26-26-1122(a)(1)(B)) Tis proposed bill adds the below underlined language to


the definition of a “homestead.” Homestead shall also include a dwelling owned by a revocable or irrevocable trust used as the principal place of residence of a person who formed the trust. Tis bill would simply add a property owned by an irrevocable trust as well. Tis was not clear before.


Qualifications and duties of county equalization boards (Amendment of ACA § 26- 27-302, 317)


Tis bill adds clarifying language that county equalization


board members shall be qualified electors of the county and indi- viduals who have owned real property in that county for at least one year. Tis bill also clarifies that EQ Boards should not have the authority to hear petitions protesting a tax-exempt status, and that such cases should go directly to the county court that has exclusive original jurisdiction over all county tax matters. It also includes that the county equalization board shall not have jurisdiction over the adjustment of the valuation of agricultural land, pastureland, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Department pursuant to ACA § 26-26-407.


Defining “assessed value” (Amendment of ACA § 26-26-1122(a)(1))


Tis bill simply further defines “assessed value.” It aims to clar- ify the somewhat ambiguous term “assessed value” to clarify that for Arkansas Constitution Amendment 79 and all related statu- tory purposes, “assessed value” means 20 percent of the appraised value of the real property.


Equally and uniformly assess all personal property consigned to a merchant (Amendment of ACA § 26-26-1203(a))


Tis proposal puts all consignors on an equal playing field. Whether the property they consign is from in state or out of state, if a consignor possesses personal property with the author- ity to sell it, then they should assess the personal property as part of their business. Out-of-state property has heretofore been ex- cluded in this valuation.


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