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SB1764 • 2026

property tax; definitions

SB1764 - property tax; definitions

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
J.D. Mesnard
Last action
2026-02-17
Official status
Senate minority caucus
Effective date
Not listed

Plain English Breakdown

The official source confirms that 'current usage' is removed and replaced with a new, stricter definition of 'current use'.

SB1764: Updates to Property Tax Definitions

This law updates how county assessors determine a property's 'current use' by requiring them to look at physical facts and economic conditions, while also clarifying rules for calculating full cash value.

What This Bill Does

  • Requires county assessors to decide a property's current use based on all circumstances, including its objectively verifiable characteristics, information, and functions.
  • Defines 'current use' as the primary use shown by physical facts and economic conditions, excluding temporary or nominal activities that rely only on contracts without actual physical use.
  • Updates the definition of 'valuation date' to include dates needed for supplemental valuation notices and error corrections in addition to January 1.
  • Removes the old legal term 'current usage' from state statutes.
  • States that full cash value must be based on fee simple interest unless a specific statute says otherwise.

Who It Names or Affects

  • County assessors who determine property values and classifications
  • Property owners whose land or buildings are classified for tax purposes

Terms To Know

Current use
The primary way a property is actually used at the time it is valued, based on physical facts and economic conditions.
Full cash value
The estimated market value of a property that serves as the basis for calculating taxes; this amount cannot be higher than the actual market value.
Valuation date
Usually January 1 before the tax year, but also includes dates set for special notices and corrections.

Limits and Unknowns

  • The law does not specify how much money it will cost counties to implement these new assessment rules.
  • While the law defines general categories like agricultural or residential use, specific subcategories are left up to the county assessor's decision.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: This amendment updates the legal definitions for property tax terms in Arizona to clarify how 'current use' and 'full cash value' are determined.

  • It redefines 'Current Use' as the primary use of a property based on real, verifiable conditions rather than just contracts or temporary activities.
  • It clarifies that 'Full Cash Value' is either set by specific laws or equals market value if no law exists for it.
  • It adds new rules stating that temporary uses or arrangements without physical activity do not count toward a property's current use.
  • The provided text ends abruptly in Section 2, so any changes to other parts of the bill are unknown.
  • Some technical legal phrases like 'objectively verifiable conditions' may still be difficult for some readers without further examples.

Plain English: This amendment changes how property tax laws define 'current use' and 'full cash value,' while also updating the list of other legal terms used in Arizona's property tax system.

  • It redefines 'current use' to mean the main way a property is actually being used based on real, verifiable facts, rather than just contracts or temporary situations.
  • It clarifies that 'full cash value' for taxes means either what state law says it is or, if no specific rule exists, the same as market value found using standard appraisal methods.
  • It adds a new definition stating that 'market value' is an estimate of worth calculated every year using standard professional techniques.
  • The provided text cuts off at Section 2 and does not show the full content of any new sections being added to the law.
  • Some technical details about how these definitions apply in specific legal cases are too complex for a simple summary without more context.

Bill History

  1. 2026-02-17 Senate

    Senate minority caucus

  2. 2026-02-17 Senate

    Senate majority caucus

  3. 2026-02-09 Senate

    Senate second read

  4. 2026-02-05 Senate

    Senate Rules: PFC

  5. 2026-02-05 Senate

    Senate Finance: DPA

  6. 2026-02-05 Senate

    Senate first read

Official Summary Text

SB1764 - 572R - Senate Fact Sheet

Assigned to
FIN������������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1764

property tax;
definitions

Purpose

Requires a county
assessor to determine and classify a property�s
current use
from the
totality of the circumstances, including the property's objectively verifiable
characteristics, information and functions and defines
current use.

Background

Property in
Arizona is classified for assessment purposes into nine legal classes, with
subclassifications in many of those classes. The classification is based on the
current use of the property by its owner, such as commercial, agricultural or
residential.
Current usage
means the use to which property is put at the
time of valuation by the assessor or the Arizona Department of Revenue.

For the purposes
or real property and centrally assessed property,
valuation date
means
January 1 of the year preceding the year in which taxes are levied (
A.R.S.
� 42-11001
).

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Requires a county assessor to determine a property's current use from
the totality of the circumstances, including the property's objectively
verifiable characteristics, information and functions.

2.

Defines
current use
as the primary use of the property as of the
date for which the valuation is determined as shown by objectively verifiable
and economically substantive conditions, not including temporary, incidental,
nominal or related-party activities or arrangements based only on contractual
or intangible rights without corresponding physical use or legally enforceable
restrictions.

3.

Includes, in the definition of
valuation date,
any date required
for determining the value of a property in a supplemental property valuation
notice.

4.

Removes the definition of
current usage.

5.

Makes technical and conforming changes.

6.

Becomes effective on the general effective date.

Amendments Adopted by
Committee

1.

Removes the requirement for full cash value to be determined based on
the owner's fee simple interest unless otherwise required by statute.

2.

Removes the considerations for county assessors when valuing residential
property.

3.

Narrows the definition of
valuation date
.

4.

Makes technical and conforming changes.

Senate Action

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Prepared by Senate Research

February 10, 2026

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Current Bill Text

Read the full stored bill text
SB1764 - 572R - I Ver

REFERENCE TITLE:
property tax; definitions

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1764

Introduced by

Senator
Mesnard

AN
ACT

amending section 42-11001, Arizona
Revised Statutes;
amending Title 42, chapter 11, article
1, Arizona Revised Statutes, by adding section 42-11010; relating to
property tax.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 42-11001, Arizona Revised
Statutes, is amended to read:

START_STATUTE
42-11001.

Definitions

In
THIS chapter and
chapters
11
12
through 19 of this title, unless the
context otherwise requires:

1. "Assessed valuation" means the value
derived by applying the applicable percentage prescribed by chapter 15, article
1 of this title to the full cash value or limited property value of the
property, as applicable.

2. "Board" or "state board"
means the state board of equalization.

3. "County board" means the county board
of supervisors sitting as the county board of equalization.

4. "Current usage" means the
use to which property is put at the time of valuation by the assessor or the
department.

4. "Current use":

(
a
) Means the
primary use of the property as of the date for which the valuation is
determined as shown by objectively verifiable and economically substantive
conditions.

(
b
) Does not
Include temporary, incidental, nominal or related-party activities or
ARRANGEMENTS based only on contractual or intangible rights without
corresponding physical use or legally enforceable restrictions.

5. "Due date" means the next business day
if a due date of any report, claim, return, statement, payment, deposit,
petition, notice or other document or filing falls on Saturday, Sunday or a
legal holiday.

6. "Full cash value"
means:

,

(
a
)
For
property tax purposes,
means
the value determined as
prescribed by statute.

(
b
)
If a
statutory method is not prescribed,
full cash value is synonymous
with
market value
.
, which

For the purposes of this subdivision, "Market value"
means
the estimate of value that is derived annually by using standard appraisal
methods and techniques.
Full cash value is the basis
for assessing, fixing, determining and levying primary and secondary property
taxes on property described in section 42-13304.� Full cash value shall
not be greater than market value regardless of the method prescribed to
determine value for property tax purposes.

7. "Limited property value" means the
value determined pursuant to section 42-13301. Limited
property value is the basis for:

(a) Computing levy limitations for counties, cities,
towns and community college districts.

(b) Assessing, fixing, determining and levying
primary and secondary property taxes on all property except property described
in section 42-13304.

8. "Market value" means the
estimate of value that is derived annually by using standard appraisal methods
and techniques
.

8.

9.
"Net
assessed value" means the assessed value minus any exempt property.

9.

10.
"Person"
means a natural person, individual, proprietor, proprietorship, company,
corporation, organization, association, joint venture, partner, partnership,
trust, estate or limited liability company, the federal or state government, a
political subdivision of a state or any other legal entity or combination of
entities that owns, controls or has possession of real or personal property.

10.

11.
"Personal
property" includes property of every kind, both tangible and intangible,
that is not included as real estate.

11.

12.
"Primary
property taxes" means all ad valorem taxes except for secondary property
taxes.

12.

13.
"Producing
mine" or "mining claim" means a mine or mining claim from which
coal or any other mineral or mineral substance, except for clay, sand, gravel,
building stone or a mineral or mineral substance that is normally processed
into artificial stone, has been extracted for commercial purposes at any time
during a period of one year before the first Monday in January of the valuation
year.

13.

14.
"Real
estate" includes the ownership of, claim to, possession of or right of
possession to lands or patented mines.

14.

15.
"Residential
treatment and education facility" means any residential facility that is
subject to title 15, chapter 10, article 6.

15.

16.
"Roll"
means the assessment and tax roll.

16.

17.
"Secondary
property taxes" means:

(a) Ad valorem taxes or special property assessments
that are used to pay the principal of and the interest and redemption charges
on bonded indebtedness or other lawful long-term obligations that are
issued or incurred for a specific capital purpose by a municipality, county or
taxing district.

(b) Ad valorem taxes or assessments that are levied
by or for special taxing districts and assessment districts other than school
districts and community college districts.

(c) Amounts that are levied pursuant to an election
to exceed a budget, expenditure or tax limitation.

17.

18.
"Tax
year" for all property means the calendar year in which the taxes are
levied.

18.

19.
"Valuation"
means the full cash value or limited property value that is determined for real
or personal property, as applicable.

19.

20.
"Valuation
date", for the purposes of real property and property valued by the
department
:
,

(
a
)
Means
January 1 of the year preceding the year in which taxes are levied.

(
b
) Includes
any date required for determining the value of a property in a supplemental
notice provided under section 42-15105, any date required for an error
correction under section 42-16253 or any other valuation process
authorized by this chapter and chapters 12 through 19 of this title.

20.

21.
"Valuation
year" means:

(a) For real property and property valued by the
department, the calendar year preceding the year in which the taxes are levied.

(b) For personal property, the calendar year in
which the taxes are levied.
END_STATUTE

Sec. 2. Title 42, chapter 11, article 1,
Arizona Revised Statutes, is amended by adding section 42-11010, to read:

START_STATUTE
42-11010.

Full cash value

A. Full cash value is the basis for
assessing, fixing, determining and levying primary and secondary property taxes
on property described in section 42-13304.�

B. Full cash value may not be greater
than market value regardless of the method prescribed to determine value for
property tax purposes.

C. Full cash value shall be
determined based on the fee simple interest in the property, assuming
unencumbered ownership, unless a different valuation interest is expressly
required by statute.

D. The
county assessor shall:

1. Determine
a property's current use from the totality of the circumstances, including the
property's objectively verifiable characteristics, information and functions.

2. Identify
a property's current use by, and limit identification to, the general
categories of agricultural use, residential use or vacant land and the
subcategories of those uses as determined by the county assessor.

E. If a
property is subject to a statutory valuation method or is used for residential
purposes, a property's current use shall be determined without regard to
zoning, potential future use or speculative market influences.

F. For
property that is not subject to a statutory valuation method and that is not
used for residential purposes, the county assessor may consider market
influences that are consistent with the property's current use classification
and applicable appraisal standards.
END_STATUTE