| 65 | + | An Act relating to revenue and taxation; providing |
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| 66 | + | limit for certain tax liability; amending 68 O.S. |
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| 67 | + | 2011, Sections 1353, as last amended by Section 1, |
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| 68 | + | Chapter 15, O.S.L. 2020 , 1355, as last amended by |
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| 69 | + | Section 1, Chapter 356, O.S.L. 2017, 1403, as la st |
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| 70 | + | amended by Section 2, Chapter 15, O.S.L. 2020 , 1404, |
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| 71 | + | as amended by Section 5, Chapter 356 , O.S.L. 2017, |
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| 72 | + | 2101, as amended by Section 2, Chapt er 57, O.S.L. |
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| 73 | + | 2016, and 2106, as amended by Section 2, Chapter 356, |
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| 74 | + | O.S.L. 2017 (68 O.S. Supp. 2020, Sections 1353, 1355, |
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| 75 | + | 1403, 1404, 2101 and 2106), which relate to sales and |
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| 76 | + | use tax and excise tax; apportioning tax collected on |
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| 77 | + | public highway electric ve hicles; removing |
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| 78 | + | exemptions; modifying definitions; defining terms; |
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| 79 | + | providing exception for excise tax in lieu of certain |
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| 80 | + | other tax; providing for codification ; providing an |
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| 81 | + | effective date; and declaring a n emergency. |
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44 | 82 | | |
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45 | 83 | | |
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46 | 84 | | |
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47 | 85 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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48 | 86 | | SECTION 1. NEW LAW A new section of law to be codified |
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49 | 87 | | in the Oklahoma Statutes as Section 1354.1A of Title 68, unless |
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50 | 88 | | there is created a duplication in n umbering, reads as follows: |
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51 | 89 | | The tax liability other wise provided for public highway ele ctric |
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52 | 90 | | vehicles by Section 2106 of Title 68 of the Oklahoma Sta tutes shall |
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53 | 91 | | not exceed One Thousand Five Hundred Dollars ($1,500.00). |
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54 | | - | SECTION 2. AMENDATORY 68 O.S. 2011, Section 1353, as |
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55 | | - | last amended by Section 1, Chapter 15, O.S.L. 2020 (6 8 O.S. Supp. |
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56 | | - | 2020, Section 1353), is amended to read as follows: |
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57 | | - | Section 1353. A. It is hereby declared to be the purpose of |
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58 | | - | the Oklahoma Sales Tax Code to pro vide funds for the financing of |
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59 | | - | the program provided for by the Oklahoma Social Security Act an d to |
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60 | | - | provide revenues for the support of the functions of the state |
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61 | | - | government of Oklahoma, and for this purpose it is hereby e xpressly |
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| 143 | + | SECTION 2. AMENDATORY 68 O.S. 2011, Section 1353, as |
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| 144 | + | last amended by Section 1, Chapter 15, O.S.L. 2020 (6 8 O.S. Supp. |
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| 145 | + | 2020, Section 1353), is amended to read as follows: |
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| 146 | + | Section 1353. A. It is hereby declared to be the purpose of |
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| 147 | + | the Oklahoma Sales Tax Code to pro vide funds for the financing of |
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| 148 | + | the program provided for by the Oklahoma Social Security Act an d to |
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| 149 | + | provide revenues for the support of the functions of the state |
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| 150 | + | government of Oklahoma, and for this purpose it is hereby e xpressly |
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89 | 151 | | provided that, revenues d erived pursuant to the provisions of the |
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90 | 152 | | Oklahoma Sales Tax Code, subject to the apportionment requirements |
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91 | 153 | | for the Oklahoma Tax Commission and Office of Management and |
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92 | 154 | | Enterprise Services Joint Computer Enhancement Fund p rovided by |
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93 | 155 | | Section 265 of this tit le, shall be apportioned as follows: |
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94 | 156 | | 1. Except as provided in subsection C subsections C and D of |
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95 | 157 | | this section, the following amounts shall be paid to the State |
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96 | 158 | | Treasurer to be placed to the credit of the General Revenue Fund to |
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97 | 159 | | be paid out pursuant to direct appropriation by the Legislature: |
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98 | 160 | | Fiscal Year Amount |
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99 | 161 | | FY 2003 and FY 2004 86.04% |
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100 | 162 | | FY 2005 85.83% |
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101 | 163 | | FY 2006 85.54% |
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102 | 164 | | FY 2007 85.04% |
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103 | 165 | | FY 2008 through FY 2022 83.61% |
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104 | 166 | | FY 2023 through FY 2027 83.11% |
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105 | | - | FY 2028 and each fiscal year t hereafter 83.61%; |
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106 | | - | 2. The following amounts shall be paid to the State Treasurer |
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107 | | - | to be placed to the credit of the Education Refo rm Revolving Fund of |
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108 | | - | the State Department of Education: |
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109 | | - | a. for FY 2003, FY 2004 and FY 2005, ten and forty -two |
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110 | | - | one-hundredths percent (10.42%), |
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111 | | - | b. for FY 2006 through FY 2020, ten and forty -six one- |
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112 | | - | hundredths percent (10.46%), |
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| 218 | + | FY 2028 and each fiscal year t hereafter 83.61%; |
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| 219 | + | 2. The following amounts shall be paid to the State Treasurer |
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| 220 | + | to be placed to the credit of the Education Refo rm Revolving Fund of |
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| 221 | + | the State Department of Education: |
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| 222 | + | a. for FY 2003, FY 2004 and FY 2005, ten and forty -two |
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| 223 | + | one-hundredths percent (10.42%), |
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| 224 | + | b. for FY 2006 through FY 2020, ten and forty -six one- |
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| 225 | + | hundredths percent (10.46%), |
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140 | 226 | | c. for FY 2021: |
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141 | 227 | | (1) for the month beginning July 1, 2020, through the |
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142 | 228 | | month ending August 31, 2020, ten and forty -six |
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143 | 229 | | one-hundredths percent (10.46%), and |
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144 | 230 | | (2) for the month beginning September 1, 2020, |
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145 | 231 | | through the month ending June 30, 2021, eleven |
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146 | 232 | | and ninety-six one-hundredths percent (11.96%), |
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147 | 233 | | d. for FY 2022, eleven and s eventy-one one-hundredths |
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148 | 234 | | percent (11.71%), and |
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149 | 235 | | e. for FY 2023 and each fiscal year the reafter, ten and |
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150 | 236 | | forty-six one-hundredths percent (10.46%); |
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151 | 237 | | 3. The following amounts shall be paid to the State Treasurer |
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152 | 238 | | to be placed to the credit of the Teachers ’ Retirement System |
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153 | 239 | | Dedicated Revenue Revolving Fund: |
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154 | 240 | | Fiscal Year Amount |
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155 | 241 | | FY 2003 and FY 2004 3.54% |
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191 | 301 | | b. for the month beginning |
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192 | 302 | | September 1, 2020, through |
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193 | 303 | | the month ending June 30, |
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194 | 304 | | 2021 3.5% |
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195 | 305 | | FY 2022 3.75% |
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196 | 306 | | FY 2023 through FY 2027 5.5% |
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197 | 307 | | FY 2028 and each fiscal year therea fter 5.0% |
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198 | 308 | | 4. a. except as otherwise provided in subparagraph b of this |
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199 | 309 | | paragraph, for the fiscal year beginning July 1, 2015, |
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200 | 310 | | and for each fiscal year thereafter, eighty -seven one- |
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201 | 311 | | hundredths percent (0.87%) shall be paid to the State |
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202 | 312 | | Treasurer to be furthe r apportioned as follows: |
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203 | 313 | | (1) thirty-six percent (36%) shall be placed to the |
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204 | 314 | | credit of the Oklahoma Tourism Promotion |
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205 | 315 | | Revolving Fund, but in no event shall such |
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206 | | - | apportionment exceed Five Million Dollars |
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207 | | - | ($5,000,000.00) in any fiscal year, and |
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208 | | - | (2) sixty-four percent (64%) shall be placed to the |
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209 | | - | credit of the Oklahoma Tourism Capital |
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210 | | - | Improvement Revolving Fund, but in no event shall |
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211 | | - | such apportionment exceed Nine Million Dol lars |
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212 | | - | ($9,000,000.00) in any fiscal year, and |
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| 367 | + | apportionment exceed Five Million Dollars |
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| 368 | + | ($5,000,000.00) in any fiscal year, and |
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| 369 | + | (2) sixty-four percent (64%) shall be placed to the |
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| 370 | + | credit of the Oklahoma Tourism Capital |
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| 371 | + | Improvement Revolving Fund, but in no event shall |
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| 372 | + | such apportionment exceed Nine Million Dol lars |
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| 373 | + | ($9,000,000.00) in any fiscal year, and |
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240 | 374 | | b. any amounts which exceed the limitati ons of |
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241 | 375 | | subparagraph a of this paragraph shal l be placed to |
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242 | 376 | | the credit of the General Revenue Fund; and |
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243 | 377 | | 5. For the fiscal year beginning July 1, 2015, and for each |
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244 | 378 | | fiscal year thereafter, six one-hundredths percent (0.06%) shall be |
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245 | 379 | | placed to the credit of the Oklahoma Historical Society Capital |
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246 | 380 | | Improvement and Operations Revolving Fund, b ut in no event shall |
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247 | 381 | | such apportionment exceed the total amount apportioned pursuant to |
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248 | 382 | | this paragraph for the fiscal year ending on June 30, 2015. Any |
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249 | 383 | | amounts which exceed the limitations of this paragraph shall be |
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250 | 384 | | placed to the credit of the General Rev enue Fund. |
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251 | 385 | | B. Provided, for the fiscal year beginning July 1, 2007, and |
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252 | 386 | | every fiscal year thereafter, an amount of revenue shall be |
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253 | 387 | | apportioned to each municipality or cou nty which levies a sales tax |
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254 | 388 | | subject to the provisions of Section 1357.10 of this ti tle and |
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255 | 389 | | subsection F of Section 2701 of this title equal to the amount of |
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256 | 390 | | sales tax revenue of such municipality or county exempted by the |
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257 | | - | provisions of Section 1357.10 of this title and subsection F of |
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258 | | - | Section 2701 of this title. The Oklahoma Tax Commiss ion shall |
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259 | | - | promulgate and adopt rules necessary to implement the provisions of |
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260 | | - | this subsection. |
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261 | | - | C. For the fiscal year be ginning July 1, 2021, and each fiscal |
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262 | | - | year thereafter, the sales tax of four and five-tenths percent |
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263 | | - | (4.5%) of the gross receipts, levied by Section 1354 of this title, |
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| 442 | + | provisions of Section 1357.10 of this title and subsection F of |
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| 443 | + | Section 2701 of this title. The Oklahoma Tax Commiss ion shall |
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| 444 | + | promulgate and adopt rules necessary to implement the provisions of |
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| 445 | + | this subsection. |
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| 446 | + | C. For the fiscal year be ginning July 1, 2021, and each fiscal |
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| 447 | + | year thereafter, the sales tax of four and five -tenths percent |
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| 448 | + | (4.5%) of the gross receipts, levied by Section 1354 of this title, |
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291 | 449 | | on sales of public highway electr ic vehicles that is collected by |
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292 | 450 | | the Oklahoma Tax Comm ission under the levy shall be apportioned as |
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293 | 451 | | follows: |
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294 | 452 | | a. sixty percent (60%) shall be placed t o the credit of |
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295 | 453 | | the State Highway Construction and Maintenance Fund |
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296 | 454 | | created pursuant to Section 1501 of Tit le 69 of the |
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297 | 455 | | Oklahoma Statutes, and |
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298 | 456 | | b. forty percent (40%) shall be divided among the county |
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299 | 457 | | treasurers’ offices according to percentage of county |
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300 | 458 | | road miles as certified annually by the Oklahoma |
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301 | 459 | | Department of Transportation to be credited to the |
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302 | 460 | | county highway fund of each c ounty created pursuant to |
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303 | 461 | | Section 1503 of Title 69 of the Oklahoma Statutes. |
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304 | 462 | | D. From the monies that would otherwise be apportio ned to the |
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305 | 463 | | General Revenue Fund pursuant to subsection A of this section, there |
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306 | 464 | | shall be apportioned the foll owing amounts: |
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307 | 465 | | 1. For the month ending August 31, 2 019: |
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| 523 | + | created in Section 309 of Title 66 of the Okl ahoma |
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| 524 | + | Statutes; |
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| 525 | + | 2. For the month ending September 30, 2019: |
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| 526 | + | a. Twenty Million Dollars ($20,000,000.00) to th e credit |
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| 527 | + | of the State Highway Construction and Maint enance Fund |
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| 528 | + | created in Section 1501 of Title 69 of the Oklahoma |
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| 529 | + | Statutes, and |
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| 530 | + | b. Two Million Dollars ($2,000,000.00) to the credit of |
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| 531 | + | the Oklahoma Railroad Maintenance Revolving Fund |
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| 532 | + | created in Section 30 9 of Title 66 of the Oklahoma |
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| 533 | + | Statutes; |
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| 534 | + | 3. For the month ending October 31, 2019: |
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| 535 | + | a. Twenty Million Dollars ($20,000,000.00) to the credit |
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| 536 | + | of the State Highway Construction and Maintenance Fund |
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| 537 | + | created in Section 1501 of Title 69 of the Oklahoma |
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| 538 | + | Statutes, and |
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| 539 | + | b. Two Million Dollars ($2,000,000.00) to the c redit of |
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| 540 | + | the Oklahoma Railroad Maintenance Revolvin g Fund |
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360 | | - | Statutes; |
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361 | | - | 4. For the month ending November 30, 2019: |
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362 | | - | a. Twenty Million Dollars ($20,000,000.00 ) to the credit |
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363 | | - | of the State Highway Construction an d Maintenance Fund |
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| 611 | + | Statutes. |
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| 612 | + | SECTION 3. AMENDATORY 68 O.S. 2011, Section 1355, as |
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| 613 | + | last amended by Section 1, Chapter 356, O.S.L . 2017 (68 O.S. Supp. |
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| 614 | + | 2020, Section 1355), is amende d to read as follows: |
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391 | | - | created in Section 1501 of Titl e 69 of the Oklahoma |
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392 | | - | Statutes, and |
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393 | | - | b. Two Million Dollars ($2,000,000.00) to the credit of |
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394 | | - | the Oklahoma Railroad Maintenance Revolving Fund |
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395 | | - | created in Section 309 of Title 66 of the Oklahoma |
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396 | | - | Statutes; and |
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397 | | - | 5. For the month ending December 31, 2019: |
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398 | | - | a. Twenty Million Dollars ($20,000,000.00) to the cr edit |
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399 | | - | of the State Highway Construction and Maintenance Fund |
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400 | | - | created in Section 1501 of Title 69 of the Oklaho ma |
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401 | | - | Statutes, and |
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402 | | - | b. Two Million Dollars ($2,000,000. 00) to the credit of |
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403 | | - | the Oklahoma Railroad Mainten ance Revolving Fund |
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404 | | - | created in Section 309 of Title 66 of the Oklahoma |
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405 | | - | Statutes. |
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406 | | - | SECTION 3. AMENDATORY 68 O.S. 2011, Section 1355, as |
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407 | | - | last amended by Section 1, Chapter 356, O.S.L . 2017 (68 O.S. Supp. |
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408 | | - | 2020, Section 1355), is amend ed to read as follows: |
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| 672 | + | gas, or liquefied petroleum gas on which the Motor Fuel Tax, |
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| 673 | + | Gasoline Excise Tax, Special Fuels Tax or th e fee in lieu of Special |
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| 674 | + | Fuels Tax levied in Section 500.1 et seq., Section 601 et seq. or |
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| 675 | + | Section 701 et seq. of this title has been, or will be paid; |
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| 676 | + | 2. For the sale of motor vehicles , other than public highway |
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| 677 | + | electric vehicles, or any optional equipme nt or accessories attached |
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| 678 | + | to motor vehicles, other than public highway electric vehicles , on |
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| 679 | + | which the Oklahoma Motor Vehicle Excise Tax levied in Section 2101 |
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| 680 | + | et seq. of this title has been, or will be paid, all but a porti on |
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| 681 | + | of the levy provided under S ection 1354 of this title, equal to one |
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| 682 | + | and twenty-five-hundredths percent (1.25%) of the gross receipts of |
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| 683 | + | such sales. The sale of public highway electric vehicles shall not |
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| 684 | + | be exempted from the tax levy provided under Sect ion 1354 of this |
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| 685 | + | title, or otherwise exempted from taxation levied pursuant to the |
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| 686 | + | Oklahoma Sales Tax Code. Provided, the sale of motor vehicles shall |
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| 687 | + | not be subject to any sales and use taxes levied by cities, counties |
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| 688 | + | or other jurisdictions of the state ; |
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442 | | - | gas, or liquefied petroleum gas on which the Motor Fuel Tax, |
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443 | | - | Gasoline Excise Tax, Special Fuels Tax or th e fee in lieu of Special |
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444 | | - | Fuels Tax levied in Section 500.1 et seq., Section 601 et seq. or |
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445 | | - | Section 701 et seq. of this title has been, or will be paid; |
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446 | | - | 2. For the sale of motor vehicles , other than public highway |
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447 | | - | electric vehicles, or any optional equipme nt or accessories attached |
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448 | | - | to motor vehicles, other than public highway electric vehicles , on |
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449 | | - | which the Oklahoma Motor Vehicle Excise Tax levied in Section 2101 |
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450 | | - | et seq. of this title has been, or will be paid, all but a porti on |
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451 | | - | of the levy provided under S ection 1354 of this title, equal to one |
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452 | | - | and twenty-five-hundredths percent (1.25%) of the gross receipts of |
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453 | | - | such sales. The sale of public highway electric vehicles shall not |
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454 | | - | be exempted from the tax levy provided under Sect ion 1354 of this |
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455 | | - | title, or otherwise exempted from taxation levied pursuant to the |
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456 | | - | Oklahoma Sales Tax Code. Provided, the sale of motor vehicles shall |
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457 | | - | not be subject to any sales and use taxes levied by cities, counties |
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458 | | - | or other jurisdictions of the state ; |
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| 747 | + | operate to increase or repeal the gross production tax lev ied by the |
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| 748 | + | laws of this state; |
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| 749 | + | 4. Sale of aircraft on which the tax levied pursuan t to the |
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| 750 | + | provisions of Sections 6001 th rough 6007 of this title has been, or |
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| 751 | + | will be paid or which are specifically exempt from such tax pursuant |
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| 752 | + | to the provisions of Sectio n 6003 of this title; |
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| 753 | + | 5. Sales from coin-operated devices on which the fee imposed by |
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| 754 | + | Sections 1501 through 1512 of this title has been paid; |
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| 755 | + | 6. Leases of twelve (12) months or more of motor vehicles in |
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| 756 | + | which the owners of the vehicles have paid the vehi cle excise tax |
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| 757 | + | levied by Section 2103 of this title; |
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| 758 | + | 7. Sales of charity game equi pment on which a tax is levied |
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| 759 | + | pursuant to the Oklahoma Charity Games Act, Section 401 et seq. of |
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| 760 | + | Title 3A of the Oklahoma Statutes, or which is sold to an |
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| 761 | + | organization that is: |
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| 762 | + | a. a veterans’ organization exempt from taxation pursuant |
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| 763 | + | to the provisions of paragraph (4), (7), (8), (10) or |
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493 | | - | operate to increase or repeal the gross production tax lev ied by the |
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494 | | - | laws of this state; |
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495 | | - | 4. Sale of aircraft on which the tax levied pursua nt to the |
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496 | | - | provisions of Sections 6001 th rough 6007 of this title has been, or |
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497 | | - | will be paid or which are specifically exempt from such tax pursuant |
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498 | | - | to the provisions of Sectio n 6003 of this title; |
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499 | | - | 5. Sales from coin-operated devices on which the fee impose d by |
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500 | | - | Sections 1501 through 1512 of this title has been paid; |
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501 | | - | 6. Leases of twelve (12) months or more of motor vehicles in |
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502 | | - | which the owners of the vehicles have paid the vehi cle excise tax |
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503 | | - | levied by Section 2103 of this title; |
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504 | | - | 7. Sales of charity game equ ipment on which a tax is levied |
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505 | | - | pursuant to the Oklahoma Charity Games Act, Section 401 et seq. of |
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506 | | - | Title 3A of the Oklahoma Statutes, or which is sold to an |
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507 | | - | organization that is: |
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508 | | - | a. a veterans’ organization exempt from taxation pursuant |
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509 | | - | to the provisions of paragraph (4), (7), (8), (10) or |
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| 821 | + | States Internal Revenue Code of 1986, as amended, 26 |
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| 822 | + | U.S.C., Section 501(c) et seq., or |
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| 823 | + | c. a charitable healthcare organization which is exempt |
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| 824 | + | from taxation pursuant to the provi sions of paragraph |
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| 825 | + | (3) of subsection (c ) of Section 501 of the United |
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| 826 | + | States Internal Revenue Code of 1986, as amended, 26 |
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| 827 | + | U.S.C., Section 501(c) et seq.; |
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| 828 | + | 8. Sales of cigarettes or tobacco products to: |
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| 829 | + | a. a federally recognized Indian tribe or nation whic h |
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| 830 | + | has entered into a compact with the S tate of Oklahoma |
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| 831 | + | pursuant to the provisions of subsection C of Section |
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| 832 | + | 346 of this title or to a licensee of such a tribe or |
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| 833 | + | nation, upon which the payment in lieu o f taxes |
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| 834 | + | required by the compact has been paid, or |
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| 835 | + | b. a federally recognized Indian tribe or nation or to a |
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| 836 | + | licensee of such a tribe or nation upon which the tax |
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| 837 | + | levied pursuant to the provisions of Section 349.1 or |
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| 838 | + | Section 426 of this title has been paid; |
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543 | | - | States Internal Revenue Code of 1986, as amended, 26 |
---|
544 | | - | U.S.C., Section 501(c) et seq., or |
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545 | | - | c. a charitable healthcare organization which is exempt |
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546 | | - | from taxation pursuant to the prov isions of paragraph |
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547 | | - | (3) of subsection (c ) of Section 501 of the United |
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548 | | - | States Internal Revenue Code of 1986, as amended, 26 |
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549 | | - | U.S.C., Section 501(c) et seq.; |
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550 | | - | 8. Sales of cigarettes or tobacco products to: |
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551 | | - | a. a federally recognized Indian tribe or nation whi ch |
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552 | | - | has entered into a compact with the S tate of Oklahoma |
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553 | | - | pursuant to the provisions of subsection C of Section |
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554 | | - | 346 of this title or to a licensee of such a tribe or |
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555 | | - | nation, upon which the payment in lieu o f taxes |
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556 | | - | required by the compact has been paid, or |
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557 | | - | b. a federally recognized Indian tribe or nation or to a |
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558 | | - | licensee of such a tribe or nation upon which the tax |
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559 | | - | levied pursuant to the provisions of Section 349.1 or |
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560 | | - | Section 426 of this title has been paid; |
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| 894 | + | 10. The sale of low -speed or medium-speed electrical vehicles |
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| 895 | + | on which the Oklahoma Motor Vehicle Excise Tax levied i n Section |
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| 896 | + | 2101 et seq. of this title has been or will be paid; and |
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| 897 | + | 11. Effective January 1, 2005, sales of cigarettes on which the |
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| 898 | + | tax levied in Section 301 et seq. of this title or tobacco products |
---|
| 899 | + | on which the tax levied in Section 401 et seq. of this t itle has |
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| 900 | + | been paid. |
---|
| 901 | + | SECTION 4. AMENDATORY 68 O.S. 2011, Section 1403, as |
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| 902 | + | last amended by Section 2, Chapter 15, O.S.L. 2020 (68 O.S. Supp. |
---|
| 903 | + | 2020, Section 1403), is amended to read as follows: |
---|
| 904 | + | Section 1403. A. It is hereby declared to be the purpose of |
---|
| 905 | + | Section 1401 et seq. of this title to provide for the support of the |
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| 906 | + | functions of the state and local governmen t of Oklahoma; and for |
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| 907 | + | this purpose and to this end, it is hereby expressly provide d that |
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| 908 | + | the revenues derived hereunder, subje ct to the apportionment |
---|
| 909 | + | provided in subsection B subsections B and C of this section and to |
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| 910 | + | the apportionment requirements for th e Oklahoma Tax Commission and |
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| 911 | + | Office of Management and Ent erprise Services Joint Co mputer |
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| 912 | + | Enhancement Fund provided by Section 265 of this title, are hereby |
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| 913 | + | apportioned as follows: |
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592 | | - | 10. The sale of low -speed or medium-speed electrical vehicles |
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593 | | - | on which the Oklahoma Motor Vehicle Excise Tax levied i n Section |
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594 | | - | 2101 et seq. of this title has been or will be paid; and |
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595 | | - | 11. Effective January 1, 2005, sales of cigarettes on which the |
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596 | | - | tax levied in Section 301 et seq. of this title or tobacco products |
---|
597 | | - | on which the tax levied in Section 401 et seq. of this t itle has |
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598 | | - | been paid. |
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599 | | - | SECTION 4. AMENDATORY 68 O.S. 2011, Section 1403, as |
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600 | | - | last amended by Section 2, Chapter 15, O.S.L. 2020 (68 O.S. Supp. |
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601 | | - | 2020, Section 1403), is amended to read as follows: |
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602 | | - | Section 1403. A. It is hereby declared to be the purpose of |
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603 | | - | Section 1401 et seq. of this title to provide for the support of the |
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604 | | - | functions of the state and local governmen t of Oklahoma; and for |
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605 | | - | this purpose and to this end, it is hereby expressly provid ed that |
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606 | | - | the revenues derived hereunder, subje ct to the apportionment |
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607 | | - | provided in subsection B subsections B and C of this section and to |
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608 | | - | the apportionment requirements for th e Oklahoma Tax Commission and |
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609 | | - | Office of Management and Ent erprise Services Joint C omputer |
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610 | | - | Enhancement Fund provided by Section 265 of this title, are hereby |
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611 | | - | apportioned as follows: |
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| 969 | + | Fiscal Year Amount |
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| 970 | + | FY 2004 85.35% |
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| 971 | + | FY 2005 85.14% |
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| 972 | + | FY 2006 85.54% |
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| 973 | + | FY 2007 85.04% |
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| 974 | + | FY 2008 through FY 2022 83.61% |
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| 975 | + | FY 2023 through FY 2027 83.11% |
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| 976 | + | FY 2028 and each fiscal year thereafter 83.61%; |
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| 977 | + | 2. The following amounts shall be paid to the State Treasurer |
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| 978 | + | to be placed to the credit of the Education Reform Revolving Fund of |
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| 979 | + | the State Department of Education: |
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| 980 | + | a. for FY 2020, ten and f orty-six one-hundredths percent |
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| 981 | + | (10.46%), |
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| 982 | + | b. for FY 2021: |
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| 983 | + | (1) for the month beginni ng July 1, 2020, through the |
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| 984 | + | month ending August 31, 2020, ten and forty-six |
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| 985 | + | one-hundredths percent (10.46%), and |
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| 986 | + | (2) for the month beginning September 1, 2020, |
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| 987 | + | through the month ending June 30, 2021, ele ven |
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| 988 | + | and ninety-six one-hundredths percent (11.96%), |
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643 | | - | Fiscal Year Amount |
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644 | | - | FY 2004 85.35% |
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645 | | - | FY 2005 85.14% |
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646 | | - | FY 2006 85.54% |
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647 | | - | FY 2007 85.04% |
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648 | | - | FY 2008 through FY 2022 83.61% |
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649 | | - | FY 2023 through FY 2027 83.11% |
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650 | | - | FY 2028 and each fiscal year thereafter 83.61%; |
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651 | | - | 2. The following amounts shall be paid to the State Treasurer |
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652 | | - | to be placed to the credit of the Education Reform Revolving Fund of |
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653 | | - | the State Department of Education: |
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654 | | - | a. for FY 2020, ten and f orty-six one-hundredths percent |
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655 | | - | (10.46%), |
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656 | | - | b. for FY 2021: |
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657 | | - | (1) for the month beginn ing July 1, 2020, through the |
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658 | | - | month ending August 31, 2020, ten and forty-six |
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659 | | - | one-hundredths percent (10.46%), and |
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660 | | - | (2) for the month beginning September 1, 2020, |
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661 | | - | through the month ending June 30, 2021, ele ven |
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662 | | - | and ninety-six one-hundredths percent (11.96%), |
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| 1044 | + | 3. The following amounts sha ll be paid to the State Tre asurer |
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| 1045 | + | to be placed to the credit of the Teachers ’ Retirement System |
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| 1046 | + | Dedicated Revenue Revolving Fund: |
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| 1047 | + | Fiscal Year Amount |
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| 1048 | + | FY 2003 and FY 2004 3.54% |
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| 1049 | + | FY 2005 3.75% |
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| 1050 | + | FY 2006 4.0% |
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| 1051 | + | FY 2007 4.5% |
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| 1052 | + | FY 2008 through FY 2020 5.0% |
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| 1053 | + | FY 2021: |
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| 1054 | + | a. for the month beginning Jul y |
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| 1055 | + | 1, 2020, through the mo nth |
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| 1056 | + | ending August 31, 2020 5.0% |
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| 1057 | + | b. for the month beginning |
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| 1058 | + | September 1, 2020, through |
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| 1059 | + | the month ending June 30, |
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| 1060 | + | 2021 3.5% |
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| 1061 | + | FY 2022 3.75% |
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| 1062 | + | FY 2023 through FY 2027 5.5% |
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| 1063 | + | FY 2028 and each fiscal year thereafter 5.0% |
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694 | | - | 3. The following amounts sha ll be paid to the State Tre asurer |
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695 | | - | to be placed to the credit of the Teachers’ Retirement System |
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696 | | - | Dedicated Revenue Revolving Fund: |
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697 | | - | Fiscal Year Amount |
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698 | | - | FY 2003 and FY 2004 3.54% |
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699 | | - | FY 2005 3.75% |
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700 | | - | FY 2006 4.0% |
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701 | | - | FY 2007 4.5% |
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702 | | - | FY 2008 through FY 2020 5.0% |
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703 | | - | FY 2021: |
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704 | | - | a. for the month beginning Jul y |
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705 | | - | 1, 2020, through the m onth |
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706 | | - | ending August 31, 2020 5.0% |
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707 | | - | b. for the month beginning |
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708 | | - | September 1, 2020, through |
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709 | | - | the month ending June 30, |
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710 | | - | 2021 3.5% |
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711 | | - | FY 2022 3.75% |
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712 | | - | FY 2023 through FY 2027 5.5% |
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713 | | - | FY 2028 and each fiscal year thereafter 5.0% |
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| 1118 | + | hundredths percent (0.87%) shall be paid to the S tate |
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| 1119 | + | Treasurer to be further ap portioned as follows: |
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| 1120 | + | (1) thirty-six percent (36%) shall be placed to the |
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| 1121 | + | credit of the Oklahoma Tourism Promotion |
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| 1122 | + | Revolving Fund, but in no event shall such |
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| 1123 | + | apportionment exceed the total amount apportioned |
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| 1124 | + | pursuant to this division for the fiscal year |
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| 1125 | + | ending on June 30, 2015, and |
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| 1126 | + | (2) sixty-four percent (64%) shall be placed to the |
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| 1127 | + | credit of the Oklahoma Tourism Capital |
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| 1128 | + | Improvement Revolving Fund, but in no event shall |
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| 1129 | + | such apportionment exceed the total amount |
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| 1130 | + | apportioned pursuant to this division for the |
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| 1131 | + | fiscal year ending on June 30, 2015, and |
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| 1132 | + | b. any amounts which exceed the limitations of |
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| 1133 | + | subparagraph a of this paragraph shall be placed to |
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| 1134 | + | the credit of the General Revenue Fund; and |
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| 1135 | + | 5. For the fiscal year beginning July 1 , 2015, and for each |
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| 1136 | + | fiscal year thereafter, six one-hundredths percent (0.06%) sha ll be |
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| 1137 | + | placed to the credit of the Oklahoma H istorical Society Capital |
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| 1138 | + | Improvement and Operations Revolving Fund, but in no event shall |
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744 | | - | hundredths percent (0.87%) shall be paid to the S tate |
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745 | | - | Treasurer to be further ap portioned as follows: |
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746 | | - | (1) thirty-six percent (36%) shall be placed to the |
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747 | | - | credit of the Oklahoma Tourism Promotion |
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748 | | - | Revolving Fund, but in no event shall such |
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749 | | - | apportionment exceed the total amount apportioned |
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750 | | - | pursuant to this division for the fiscal year |
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751 | | - | ending on June 30, 2015, and |
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752 | | - | (2) sixty-four percent (64%) shall be placed to the |
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753 | | - | credit of the Oklahoma Tourism Capital |
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754 | | - | Improvement Revolving Fund, but in no event shall |
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755 | | - | such apportionment exceed the total amount |
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756 | | - | apportioned pursuant to this division for the |
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757 | | - | fiscal year ending on June 30, 2015, and |
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758 | | - | b. any amounts which exceed the limitations of |
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759 | | - | subparagraph a of this paragraph shall be placed to |
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760 | | - | the credit of the General Revenue Fund; and |
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761 | | - | 5. For the fiscal year beginning July 1 , 2015, and for each |
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762 | | - | fiscal year thereafter, six one-hundredths percent (0.06%) sh all be |
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763 | | - | placed to the credit of the Oklahoma H istorical Society Capital |
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764 | | - | Improvement and Operations Revolving Fund, but in no event shall |
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| 1192 | + | amounts which exceed the limitati ons of this paragraph shall be |
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| 1193 | + | placed to the credit of the General Revenue Fund. |
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| 1194 | + | B. Prior to the apportionments otherwise provid ed in this |
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| 1195 | + | section, there shall be apportioned to the Educ ation Reform |
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| 1196 | + | Revolving Fund of the State Department of Education the following |
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| 1197 | + | amounts in the following state fiscal years: |
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| 1198 | + | FY 2019 $19,600,000.00; and |
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| 1199 | + | FY 2020 and each year thereafter $20,500,000.00. |
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| 1200 | + | C. For the fiscal year begi nning July 1, 2021, and each fiscal |
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| 1201 | + | year thereafter, the use tax of four and five-tenths percent (4.5%) |
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| 1202 | + | of the gross receipts, levied by Section 1402 of this title, on use |
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| 1203 | + | or consumption of public highway electric vehicles th at is collected |
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| 1204 | + | by the Oklahoma Tax Commission under the levy shall be apportioned |
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| 1205 | + | and placed to the credit of the State Highwa y Construction and |
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| 1206 | + | Maintenance Fund created pursuant to Section 1501 of Title 69 of the |
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| 1207 | + | Oklahoma Statutes. |
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| 1208 | + | SECTION 5. AMENDATORY 68 O. S. 2011, Section 1404, as |
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| 1209 | + | amended by Section 5, Chap ter 356, O.S.L. 2017 (68 O.S. Supp. 2020, |
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| 1210 | + | Section 1404), is amended to read as follows: |
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| 1211 | + | Section 1404. The provisions of Section 1401 et seq. of this |
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| 1212 | + | title shall not apply: |
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794 | | - | amounts which exceed the limitati ons of this paragraph shall be |
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795 | | - | placed to the credit of the General Revenue Fund. |
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796 | | - | B. Prior to the apportionments otherwise provid ed in this |
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797 | | - | section, there shall be apportioned to the Educ ation Reform |
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798 | | - | Revolving Fund of the State Department of Education the following |
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799 | | - | amounts in the following state fiscal years: |
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800 | | - | FY 2019 $19,600,000.00; and |
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801 | | - | FY 2020 and each year thereafter $20,500,000.00. |
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802 | | - | C. For the fiscal year begi nning July 1, 2021, and each fiscal |
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803 | | - | year thereafter, the use tax of four and five-tenths percent (4.5%) |
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804 | | - | of the gross receipts, levied by Section 1402 of this title, on use |
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805 | | - | or consumption of public highway electric vehicles th at is collected |
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806 | | - | by the Oklahoma Tax Commission under the levy shall be apportioned |
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807 | | - | and placed to the credit of the State Highwa y Construction and |
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808 | | - | Maintenance Fund created pursuant to Section 1501 of Title 69 of the |
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809 | | - | Oklahoma Statutes. |
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810 | | - | SECTION 5. AMENDATORY 68 O. S. 2011, Section 1404, as |
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811 | | - | amended by Section 5, Cha pter 356, O.S.L. 2017 (68 O.S. Supp. 2020, |
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812 | | - | Section 1404), is amended to read as follows: |
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813 | | - | Section 1404. The provisions of Section 1401 et seq. of this |
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814 | | - | title shall not apply: |
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| 1266 | + | individual, visiting in this state, for his or her personal use or |
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| 1267 | + | enjoyment, while within the state; |
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| 1268 | + | 2. In respect to the use of ta ngible personal property |
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| 1269 | + | purchased for resale before being used; |
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| 1270 | + | 3. In respect to the use of any article of tangible personal |
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| 1271 | + | property on which a tax, equal to o r in excess of that levied by |
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| 1272 | + | Section 1401 et seq. of this title, has been paid by the person |
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| 1273 | + | using such tangible personal pr operty in this state, whether such |
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| 1274 | + | tax was levied under the laws of this state or some other sta te of |
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| 1275 | + | the United States. If any ar ticle of tangible personal property has |
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| 1276 | + | already been subjected to a tax, by this or any other state, in |
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| 1277 | + | respect to its sale o r use, in an amount less than the tax imposed |
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| 1278 | + | by Section 1401 et seq. of this title, the provisi ons of Section |
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| 1279 | + | 1401 et seq. of this title shall apply to it by a rate measured by |
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| 1280 | + | the difference only between the rate herein pro vided and the rate by |
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| 1281 | + | which the previous tax upon the sale or use was computed. Pr ovided, |
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| 1282 | + | that no credit shall be given for ta xes paid in another state, if |
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| 1283 | + | that state does not grant like credit for taxes paid in Oklahoma; |
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| 1284 | + | 4. In respect to the use of tang ible personal property now |
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| 1285 | + | specifically exempted from taxation under Oklahoma Sales Tax Code. |
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| 1286 | + | Provided, for the sale of motor vehicles, other than public highway |
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| 1287 | + | electric vehicles, or any optional equipment or accessories attached |
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844 | | - | individual, visiting in this state, for his or her personal use or |
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845 | | - | enjoyment, while within the state; |
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846 | | - | 2. In respect to the use of ta ngible personal property |
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847 | | - | purchased for resale before being used; |
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848 | | - | 3. In respect to the use of any article of tangible personal |
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849 | | - | property on which a tax, equal to o r in excess of that levied by |
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850 | | - | Section 1401 et seq. of this title, has been paid by the person |
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851 | | - | using such tangible personal pr operty in this state, whether such |
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852 | | - | tax was levied under the laws of this state or some other sta te of |
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853 | | - | the United States. If any ar ticle of tangible personal property has |
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854 | | - | already been subjected to a tax, by this or any other state, in |
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855 | | - | respect to its sale o r use, in an amount less than the tax imposed |
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856 | | - | by Section 1401 et seq. of this title, the provisi ons of Section |
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857 | | - | 1401 et seq. of this title shall apply to it by a rate measured by |
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858 | | - | the difference only between the rate herein pro vided and the rate by |
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859 | | - | which the previous tax upon the sale or use was computed. P rovided, |
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860 | | - | that no credit shall be given for ta xes paid in another state, if |
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861 | | - | that state does not grant like credit for taxes paid in Oklahoma; |
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862 | | - | 4. In respect to the use of tang ible personal property now |
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863 | | - | specifically exempted from taxation under Oklahoma Sale s Tax Code. |
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864 | | - | Provided, for the sale of motor vehicles, other than public highway |
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865 | | - | electric vehicles, or any optional equipment or accessories attached |
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| 1341 | + | Sections 2101 through 2108 of this title has been, or will be paid, |
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| 1342 | + | the exceptions exemptions shall apply to all but a portion of the |
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| 1343 | + | levy provided under Section 1402 of this title, equal to one and |
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| 1344 | + | twenty-five-hundredths percent (1. 25%) of the purchase price of such |
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| 1345 | + | motor vehicles other than public highway electric vehicles. |
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| 1346 | + | Provided, public highway electric vehicles shall not be exempted |
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| 1347 | + | from taxation under the Oklahoma Sales Tax C ode, exempted from the |
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| 1348 | + | levy of tax provided under S ection 1402 of this title or otherwise |
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| 1349 | + | exempted from taxation levied pursuant to Sections 1401 through 1411 |
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| 1350 | + | of this title. Provided further, the sale of motor vehicles shal l |
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| 1351 | + | not be subject to any sales an d use taxes levied by cities, counties |
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| 1352 | + | or other jurisdictions of the sta te; |
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| 1353 | + | 5. In respect to th e use of any article or tangible personal |
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| 1354 | + | property brought into the state by an individual with intent to |
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| 1355 | + | become a resident of t his state where such personal pr operty is for |
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| 1356 | + | such individual’s personal use or enj oyment; |
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| 1357 | + | 6. In respect to the use of any arti cle of tangible personal |
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| 1358 | + | property used or to be used by co mmercial airlines or railroads; |
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| 1359 | + | 7. In respect to livestock purchased outside this state and |
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| 1360 | + | brought into this state for feeding or breeding purposes, an d which |
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| 1361 | + | is later resold; and |
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895 | | - | Sections 2101 through 2108 of this title has been, or will be paid, |
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896 | | - | the exceptions exemptions shall apply to all but a portion of the |
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897 | | - | levy provided under Section 1402 of this title, equal to one and |
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898 | | - | twenty-five-hundredths percent (1 .25%) of the purchase price of such |
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899 | | - | motor vehicles other than public highway electric vehicles. |
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900 | | - | Provided, public highway electric vehicles shall not be exempted |
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901 | | - | from taxation under the Oklahoma Sales Tax C ode, exempted from the |
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902 | | - | levy of tax provided under Section 1402 of this title or otherwise |
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903 | | - | exempted from taxation levied pursuant to Sections 1401 through 1411 |
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904 | | - | of this title. Provided further, the sale of motor vehicles shal l |
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905 | | - | not be subject to any sales an d use taxes levied by cities, counties |
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906 | | - | or other jurisdictions of the state; |
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907 | | - | 5. In respect to th e use of any article or tangible personal |
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908 | | - | property brought into the state by an individual with intent to |
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909 | | - | become a resident of t his state where such personal pr operty is for |
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910 | | - | such individual’s personal use or en joyment; |
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911 | | - | 6. In respect to the use of any arti cle of tangible personal |
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912 | | - | property used or to be used by co mmercial airlines or railroads; |
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913 | | - | 7. In respect to livestock purchased outside this state and |
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914 | | - | brought into this state for feeding or breeding purposes, a nd which |
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915 | | - | is later resold; and |
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| 1416 | + | SECTION 6. AMENDATORY 68 O.S. 201 1, Section 2101, as |
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| 1417 | + | amended by Section 2, Cha pter 57, O.S.L. 2016 (68 O.S. Supp. 2020, |
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| 1418 | + | Section 2101), is amended to read as follows: |
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| 1419 | + | Section 2101. For the purpose of this a rticle: |
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| 1420 | + | 1. The term “motor vehicle” means and includes every |
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| 1421 | + | automobile, public highway electric vehicle , truck, truck-tractor, |
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| 1422 | + | all-terrain vehicle, utility vehicle or any motor bus or any self - |
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| 1423 | + | propelled vehicle not operated or driven upo n fixed rails or tracks |
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| 1424 | + | or in the air or on water ; |
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| 1425 | + | 2. The term “vehicle” means and includes every d evice in, upon, |
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| 1426 | + | or by which any person or pro perty is, or may be, transported or |
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| 1427 | + | drawn, excepting devices moved by human or animal power, when not |
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| 1428 | + | used upon fixed rails or tracks, or in the air or on water ; |
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| 1429 | + | 3. The term “low-speed electrical vehicle ” means and includes |
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| 1430 | + | any four–wheeled electrical veh icle that is powered by an electric |
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| 1431 | + | motor that draws current from rechargeable storage batteries or |
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| 1432 | + | other sources of electrical current and whose top speed is g reater |
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| 1433 | + | than twenty (20) miles per hour but not grea ter than twenty-five |
---|
| 1434 | + | (25) miles per hour and is manufactured in compliance with the |
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| 1435 | + | National Highway Traffic Safety Administration standards for low - |
---|
| 1436 | + | speed vehicles in 49 C.F.R. 571.500; |
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946 | | - | SECTION 6. AMENDATORY 68 O.S. 20 11, Section 2101, as |
---|
947 | | - | amended by Section 2, Cha pter 57, O.S.L. 2016 (68 O.S. Supp. 2020, |
---|
948 | | - | Section 2101), is amended to read as follows: |
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949 | | - | Section 2101. For the purpose of this a rticle: |
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950 | | - | 1. The term “motor vehicle” means and includes every |
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951 | | - | automobile, public highway electric vehicle, truck, truck-tractor, |
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952 | | - | all-terrain vehicle, utility vehicle or any motor bus or any self - |
---|
953 | | - | propelled vehicle not operated or driven upo n fixed rails or tracks |
---|
954 | | - | or in the air or on water ; |
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955 | | - | 2. The term “vehicle” means and includes every device in, upon, |
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956 | | - | or by which any person or pro perty is, or may be, transported or |
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957 | | - | drawn, excepting devices moved by human or animal power, when not |
---|
958 | | - | used upon fixed rails or tracks, or in the air or on water ; |
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959 | | - | 3. The term “low-speed electrical vehicle ” means and includes |
---|
960 | | - | any four–wheeled electrical veh icle that is powered by an electric |
---|
961 | | - | motor that draws current from rechargeable storage batteries or |
---|
962 | | - | other sources of electrical current and whose top speed is g reater |
---|
963 | | - | than twenty (20) miles per hour but not gre ater than twenty-five |
---|
964 | | - | (25) miles per hour and is manufactured in compliance with the |
---|
965 | | - | National Highway Traffic Safety Administration standards for low - |
---|
966 | | - | speed vehicles in 49 C.F.R. 571.500; |
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| 1491 | + | 5. The term “motorcycle” means and includes ever y motor vehicle |
---|
| 1492 | + | designed to travel on not more th an three wheels other than an all - |
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| 1493 | + | terrain vehicle; |
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| 1494 | + | 6. The term “truck” means and includes every motor vehicle |
---|
| 1495 | + | constructed or used for the transportation of property not falling |
---|
| 1496 | + | within the definition of truc k-tractor, trailer or semitrailer, as |
---|
| 1497 | + | herein defined; |
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| 1498 | + | 7. The term “truck-tractor” means and includes every motor |
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| 1499 | + | vehicle of the truck type desig ned to draw or support the front end |
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| 1500 | + | of a semitrailer; |
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| 1501 | + | 8. The term “trailer” means and includes any vehicle de signed |
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| 1502 | + | to be drawn by a truck, tractor or a truck -tractor, but supported |
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| 1503 | + | upon its own wheels; |
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| 1504 | + | 9. The term “semitrailer” means and includes any v ehicle |
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| 1505 | + | designed to be attached to, and having its front end supported by a |
---|
| 1506 | + | truck, tractor, or truck -tractor; |
---|
| 1507 | + | 10. The term “motor bus” means and includes every motor vehicle |
---|
| 1508 | + | constructed so as to carry persons, a nd which is used or rented to |
---|
| 1509 | + | carry persons for compensation; |
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| 1510 | + | 11. The term “manufactured home” means a residential dwelling |
---|
| 1511 | + | built in accordance with the Na tional Manufactured Housing |
---|
997 | | - | 5. The term “motorcycle” means and includes ever y motor vehicle |
---|
998 | | - | designed to travel on not more th an three wheels other than an all - |
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999 | | - | terrain vehicle; |
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1000 | | - | 6. The term “truck” means and includes every motor vehicle |
---|
1001 | | - | constructed or used for the transportation of property not falling |
---|
1002 | | - | within the definition of truc k-tractor, trailer or semitrailer, as |
---|
1003 | | - | herein defined; |
---|
1004 | | - | 7. The term “truck-tractor” means and includes every motor |
---|
1005 | | - | vehicle of the truck type desig ned to draw or support the front end |
---|
1006 | | - | of a semitrailer; |
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1007 | | - | 8. The term “trailer” means and includes any vehicle de signed |
---|
1008 | | - | to be drawn by a truck, tractor or a truck -tractor, but supported |
---|
1009 | | - | upon its own wheels; |
---|
1010 | | - | 9. The term “semitrailer” means and includes any v ehicle |
---|
1011 | | - | designed to be attached to, and having its front end supported by a |
---|
1012 | | - | truck, tractor, or truck -tractor; |
---|
1013 | | - | 10. The term “motor bus” means and includes every motor vehicle |
---|
1014 | | - | constructed so as to carry persons, and which is used or rented to |
---|
1015 | | - | carry persons for compensation; |
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1016 | | - | 11. The term “manufactured home” means a residential dwelling |
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1017 | | - | built in accordance with the Na tional Manufactured Housing |
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| 1566 | + | pursuant to Section 582 of Title 47 of the Oklahoma Statutes. |
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| 1567 | + | Manufactured home shall not mean a park model recreational vehic le |
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| 1568 | + | as defined in Section 1102 of Title 47 of the Oklahoma Statutes; |
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| 1569 | + | 12. The term “farm tractor” means and includes any vehicle of |
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| 1570 | + | tractor type owned and op erated by the purchaser and used |
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| 1571 | + | exclusively for agricultural purposes; |
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| 1572 | + | 13. The term “all-terrain vehicle” means and includes every |
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| 1573 | + | vehicle defined as an all-terrain vehicle in Section 1102 of Title |
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| 1574 | + | 47 of the Oklahoma Statutes; |
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| 1575 | + | 14. The terms “legal ownership” and “legally owned” mean the |
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| 1576 | + | right to possession, whether acquired by purchase, barter, exchan ge, |
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| 1577 | + | assignment, gift, operation of law, or in any other manner; |
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| 1578 | + | 15. The term “person” means and includes natural persons, |
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| 1579 | + | individuals, partnerships, firms, associations, limited liability |
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| 1580 | + | companies, corporations, estates, trustees, business trusts, |
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| 1581 | + | syndicates, this state, any county, city, municipal ity, school |
---|
| 1582 | + | district or other political subdivision of the state, or any |
---|
| 1583 | + | corporation or combination acting as a unit or any receiver |
---|
| 1584 | + | appointed by any state or f ederal court; and the use of the singular |
---|
| 1585 | + | number shall include the plural number; |
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1048 | | - | pursuant to Section 582 of Title 47 of the Oklahoma Statutes. |
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1049 | | - | Manufactured home shall not mean a park model recreational vehi cle |
---|
1050 | | - | as defined in Section 1102 of Title 47 of the Oklahoma Statutes; |
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1051 | | - | 12. The term “farm tractor” means and includes any vehicle of |
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1052 | | - | tractor type owned and op erated by the purchaser and used |
---|
1053 | | - | exclusively for agricultural purposes; |
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1054 | | - | 13. The term “all-terrain vehicle” means and includes every |
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1055 | | - | vehicle defined as an all-terrain vehicle in Section 1102 of Title |
---|
1056 | | - | 47 of the Oklahoma Statutes; |
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1057 | | - | 14. The terms “legal ownership” and “legally owned” mean the |
---|
1058 | | - | right to possession, whether acquired by purchase, barter, excha nge, |
---|
1059 | | - | assignment, gift, operation of law, or in any other manner; |
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1060 | | - | 15. The term “person” means and includes natural persons, |
---|
1061 | | - | individuals, partnerships, firms, associations, limited liability |
---|
1062 | | - | companies, corporations, estates, trustees, business trusts, |
---|
1063 | | - | syndicates, this state, any county, city, municipal ity, school |
---|
1064 | | - | district or other political subdivision of the state, or any |
---|
1065 | | - | corporation or combination acting as a unit or any receiver |
---|
1066 | | - | appointed by any state or f ederal court; and the use of the singular |
---|
1067 | | - | number shall include the plural number; |
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| 1639 | + | 17. The term “utility vehicle” means every vehicle defined as a |
---|
| 1640 | + | utility vehicle in Section 1102 of Title 47 of the Oklahoma |
---|
| 1641 | + | Statutes; and |
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| 1642 | + | 18. The term “medium-speed electrical vehicle ” means any self- |
---|
| 1643 | + | propelled, electrically powered four -wheeled motor vehicle, equipped |
---|
| 1644 | + | with a roll cage or crush -proof body design, whose speed attainable |
---|
| 1645 | + | in one (1) mile is more t han thirty (30) miles per hour but not |
---|
| 1646 | + | greater than thirty-five (35) miles per hour ; |
---|
| 1647 | + | 19. The term “public highway electric vehicle ” means and |
---|
| 1648 | + | includes any motor vehicle that is manufactured, sold and acquired |
---|
| 1649 | + | primarily for use and driving on public highwa ys, that is a four- |
---|
| 1650 | + | wheeled vehicle which is propell ed solely or to a significant extent |
---|
| 1651 | + | by an electric motor which draws electricity from a battery or other |
---|
| 1652 | + | portable sources of electric current and is capable of being |
---|
| 1653 | + | recharged from an external source of e lectricity, and whose normal |
---|
| 1654 | + | speed attainable in on e (1) mile, without installation, operation or |
---|
| 1655 | + | use of any speed limiter device, is greater than thirty -five (35) |
---|
| 1656 | + | miles per hour; and |
---|
| 1657 | + | 20. The term “public highways” means and includes every road, |
---|
| 1658 | + | highway, street, way or place within this state, of whatever nature, |
---|
| 1659 | + | generally open to the use of the pu blic as a matter of right for the |
---|
| 1660 | + | purposes of vehicular travel including a toll highwa y and including |
---|
1097 | | - | 17. The term “utility vehicle” means every vehicle defined as a |
---|
1098 | | - | utility vehicle in Section 1102 of Title 47 of the Oklahoma |
---|
1099 | | - | Statutes; and |
---|
1100 | | - | 18. The term “medium-speed electrical vehicle” means any self- |
---|
1101 | | - | propelled, electrically powered four -wheeled motor vehicle, equipped |
---|
1102 | | - | with a roll cage or crush -proof body design, whose speed attainable |
---|
1103 | | - | in one (1) mile is more t han thirty (30) miles per hour but not |
---|
1104 | | - | greater than thirty-five (35) miles per hour; |
---|
1105 | | - | 19. The term “public highway electric vehicle ” means and |
---|
1106 | | - | includes any motor vehicle that is manufactured, sold and acquired |
---|
1107 | | - | primarily for use and driving on public highwa ys, that is a four- |
---|
1108 | | - | wheeled vehicle which is propel led solely or to a significant extent |
---|
1109 | | - | by an electric motor which draws electricity from a battery or other |
---|
1110 | | - | portable sources of electric current and is capable of being |
---|
1111 | | - | recharged from an external source of e lectricity, and whose normal |
---|
1112 | | - | speed attainable in o ne (1) mile, without installation, operation or |
---|
1113 | | - | use of any speed limiter device, is greater than thirty -five (35) |
---|
1114 | | - | miles per hour; and |
---|
1115 | | - | 20. The term “public highways” means and includes every road, |
---|
1116 | | - | highway, street, way or place within this state, of whateve r nature, |
---|
1117 | | - | generally open to the use of the pu blic as a matter of right for the |
---|
1118 | | - | purposes of vehicular travel including a toll highwa y and including |
---|
1147 | 1713 | | may be temporarily closed for the purpose of construction, |
---|
1148 | 1714 | | reconstruction, maintena nce or repair. |
---|
1149 | 1715 | | SECTION 7. AMENDATORY 68 O.S. 2011, Section 2106, as |
---|
1150 | 1716 | | amended by Section 2, Chapter 356, O.S.L. 2017 (68 O.S. Supp. 2020 , |
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1151 | 1717 | | Section 2106), is amended to read as follows: |
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1152 | 1718 | | Section 2106. (a) The excise tax levied by thi s article is in |
---|
1153 | 1719 | | lieu of all other taxes on the transfer or the first registration in |
---|
1154 | 1720 | | this state of vehicles, including the optio nal equipment and |
---|
1155 | 1721 | | accessories attached thereto at the time of sale and sold as a part |
---|
1156 | 1722 | | thereof, except: |
---|
1157 | 1723 | | (1) Annual vehicle regis tration and license fees; |
---|
1158 | 1724 | | (2) The fee of One Dollar ($1.00) for the issu ance of a |
---|
1159 | 1725 | | certificate of title; |
---|
1160 | 1726 | | (3) Any fee charged un der the jurisdiction of the Corp oration |
---|
1161 | 1727 | | Commission; and |
---|
1162 | 1728 | | (4) One and twenty-five-hundredths percent (1.25%) of the gross |
---|
1163 | 1729 | | receipts upon which the tax is levied by Section 1354 of this title |
---|
1164 | 1730 | | on sales of motor vehicles other than public highway electric |
---|
1165 | 1731 | | vehicles; |
---|
1166 | 1732 | | (5) Four and five-tenths percent (4.5%) of the gross receipts |
---|
1167 | 1733 | | upon which the tax is levied by Section 1354 of this title o n sales |
---|
1168 | 1734 | | of public highway electric vehicles except as otherwise provided in |
---|
1169 | 1735 | | Section 4 of this act ; and |
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1170 | 1736 | | |
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1173 | 1763 | | 2 |
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1174 | 1764 | | 3 |
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1175 | 1765 | | 4 |
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1176 | 1766 | | 5 |
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1177 | 1767 | | 6 |
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1178 | 1768 | | 7 |
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1179 | 1769 | | 8 |
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1180 | 1770 | | 9 |
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1181 | 1771 | | 10 |
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1182 | 1772 | | 11 |
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1183 | 1773 | | 12 |
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1184 | 1774 | | 13 |
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1185 | 1775 | | 14 |
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1186 | 1776 | | 15 |
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1187 | 1777 | | 16 |
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1188 | 1778 | | 17 |
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1189 | 1779 | | 18 |
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1190 | 1780 | | 19 |
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1191 | 1781 | | 20 |
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1192 | 1782 | | 21 |
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1193 | 1783 | | 22 |
---|
1194 | 1784 | | 23 |
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1195 | 1785 | | 24 |
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1196 | 1786 | | |
---|
1197 | 1787 | | (6) Four and five-tenths percent (4.5%) of the gross rec eipts |
---|
1198 | 1788 | | upon which the tax is levied by Section 1402 of this title on use of |
---|
1199 | 1789 | | public highway electr ic vehicles except as otherwise provided in |
---|
1200 | 1790 | | Section 4 of this act . Provided, the sale of motor vehicles shall |
---|
1201 | 1791 | | not be subject to any sales and use taxes levied by cities, counties |
---|
1202 | 1792 | | or other jurisdictions of the stat e. |
---|
1203 | 1793 | | (b) This section shall not relieve any new or used motor |
---|
1204 | 1794 | | vehicle dealer or any other vendor of vehicles from liability for |
---|
1205 | 1795 | | the sales tax on all sales of accessories o r optional equipment, or |
---|
1206 | 1796 | | parts, which are not attached to, and sold as a part thereof and |
---|
1207 | 1797 | | included in the sale of such vehicles. |
---|
1208 | 1798 | | SECTION 8. This act shall become effective July 1, 2021. |
---|
1209 | 1799 | | SECTION 9. It being immediately nece ssary for the preservation |
---|
1210 | 1800 | | of the public peace, health or safety, an emergency is here by |
---|
1211 | 1801 | | declared to exist, by reason whereof th is act shall take effect and |
---|
1212 | 1802 | | be in full force from and after its passage and approval. |
---|