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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1665 By: Murdock
AS INTRODUCED
An Act relating to Medicaid funding; creating the Low
Income Adult Medicaid Fund; des ignating nature of the
fund; requiring the fund to be interest bearing;
declaring fund monies appropriat ed; authorizing
purposes of budget and expenditures from fund;
requiring authorization of Legislature for
expenditure amount; requiring certain expenditure
procedures; defining terms; amending 68 O.S. 2021,
Section 1353, which relates to apportionment of sales
tax revenues; providing apportionment to the Low
Income Adult Medicaid Fund; providing for
codification; declarin g an emergency; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5020B of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a fund to be
known as the “Low Income Adult Medicaid Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, be i nterest
bearing, and shall consist of all appropriations and transfers made
by the Oklahoma Legislature. All monies accruing to the credit of
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the fund are hereby appropriated and may be budgeted and expended by
the Oklahoma Health Care Authority for the p urposes authorized by
subsection B of this section in amounts as a uthorized by the
Oklahoma Legislature. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of th e Office of Management and
Enterprise Services for approval and pa yment.
B. The monies accruing to the fund specified in subsection A of
this section shall be expended by the Oklahoma Health Care Authority
for the sole purpose of providing medical assistance under
Oklahoma’s Medicaid program to Low Income Adults as provided in
Section 2 of Article 25-A of the Oklahoma Constitution.
C. As used in this section “medical assistance” and “Low Income
Adults” shall have the same meaning as provided in Section 1 of
Article 25-A of the Oklahoma Constitution.
SECTION 2. AMENDATORY 68 O.S. 2021, Section 1353, is
amended to read as follows:
Section 1353. A. It is hereby declared to be the purpose of
the Oklahoma Sales Tax Code to provide funds for the fina ncing of
the program provided for by the Oklahoma Social Security Act and to
provide revenues for the support of the functions of the state
government of Oklahoma, and for this purp ose it is hereby expressly
provided that, revenues derived pursuant to the provisions of the
Oklahoma Sales Tax Code, subject to the apportionment requirements
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for the Oklahoma Tax Commission and Office of Management and
Enterprise Services Joint Computer Enhancement Fund provided by
Section 265 of this title, shall be apportione d as follows:
1. Except as provided in subsections C and D C, D, and E of
this section, the following amounts shall be paid to the State
Treasurer to be placed to the credit of the General Revenue Fund to
be paid out pursuant to direct appropriation by th e Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 86.04%
FY 2005 85.83%
FY 2006 85.54%
FY 2007 85.04%
FY 2008 through FY 2022 83.61%
FY 2023 through FY 2027 83.36%
FY 2028 and each fiscal year thereafter 83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Education Reform Revolving Fund of
the State Department of Education:
a. for FY 2003, FY 2004 and FY 2005, ten and forty -two
one-hundredths percent (10.42%),
b. for FY 2006 through FY 2020, ten and f orty-six one-
hundredths percent (10.46%),
c. for FY 2021:
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(1) for the month beginning July 1, 2020, through the
month ending August 31, 2020, ten and forty-six
one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
and
d. for FY 2022 and each fiscal year thereafter, ten and
forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the Sta te Treasurer
to be placed to the credit of the Teachers’ Retirement System
Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
a. for the month beginni ng July
1, 2020, through the month
ending August 31, 2020 5.0%
b. for the month beginning
September 1, 2020, through
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the month ending June 30,
2021 3.5%
FY 2022 5.0%
FY 2023 through FY 2027 5.25%
FY 2028 and each fiscal year thereafter 5.0%;
4. a. except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2015,
and for each fiscal year thereafter, eighty-seven one-
hundredths percent (0.87%) shall be paid to the State
Treasurer to be further apportioned as follows:
(1) thirty-six percent (36%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year, and
(2) sixty-four percent (64%) shall be placed to the
credit of the Oklahoma Tourism Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
b. any amounts which exceed the limitations of
subparagraph a of this paragraph shall be placed to
the credit of the General Revenue Fund; and
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5. For the fiscal year beginning July 1, 2015, and for each
fiscal year thereafter, six one -hundredths percent (0.06%) shall be
placed to the credit of the Oklahoma Historical S ociety Capital
Improvement and Operations Revolving Fund, but in no event shall
such apportionment exceed the total amount apportioned pursuant to
this paragraph for the fiscal year ending on June 30, 2015. Any
amounts which exceed the limitations of this paragraph shall be
placed to the credit of the General R evenue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, and
every fiscal year thereafter, an amount of revenue shall be
apportioned to each municipality or county which levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this title equal to the amou nt of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this title and subsection F of
Section 2701 of this title. The Oklahoma Tax Commi ssion shall
promulgate and adopt rules necessary to implement the prov isions of
this subsection.
C. From the monies that would otherwise be apportioned to the
General Revenue Fund pursuant to subsec tion A of this section, there
shall be apportioned the fo llowing amounts:
1. For the month ending August 31, 2019:
a. Nine Million Six Hundred Thousand Dollars
($9,600,000.00) to the credit of the State Highway
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Construction and Maintenance Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
3. For the month ending Oct ober 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
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4. For the month ending N ovember 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fu nd
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes; and
5. For the month ending December 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Mainten ance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credi t of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes.
D. For fiscal year 2023, and each subsequent fiscal year,
before any other apportionment otherwise required by this section is
made to the General Revenue Fund, there shall be apportioned to the
State Public Common School Building Equalization Fund an amount, if
any, as required pursuant to Section 3-104 of Title 70 of the
Oklahoma Statutes, not to exceed the state sales tax generated by
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medical marijuana sales in the preceding fiscal year as reported by
the Oklahoma Tax Commission .
E. For the month beginning July 1, 2022 , and each subsequent
month, before any other apportionment otherwise required by this
section is made to the General Revenue Fund, there shal l be
apportioned monthly to the Low Income Adult Medicaid Fund, as
created in Section 1 of this act, an amount equal to thirty-two and
fifteen one-hundredths percent (32.15%) of the revenue derived in
the preceding month from the tax on retail medi cal marijuana sales
pursuant to Section 426 of Title 63 of the Oklahoma Statutes .
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage an d approval.
58-2-2961 QD 1/20/2022 4:59:18 PM