Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB770 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+1st Session of the 58th Legislature (2021)
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35+ENGROSSED SENATE
636 BILL NO. 770 By: Stephens and Murdock of the
737 Senate
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939 and
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1141 Roberts (Eric) and Waldron
1242 of the House
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1849 An Act relating to Wildli fe Diversity tax check -off;
1950 amending 29 O.S. 2011, Section 3 -310, as last amended
2051 by Section 1, Chapter 277, O.S.L. 2017 (29 O.S. Supp.
2152 2020, Section 3-310), which relates to the Wildlife
2253 Diversity Program; extending reauthorization date;
2354 and providing an effective date.
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28-SUBJECT: Tax check-off
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3059 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3260 SECTION 1. AMENDATORY 29 O.S. 2011, Section 3 -310, as
3361 last amended by Section 1, Chapter 277, O.S.L. 2017 (29 O.S. Supp.
3462 2020, Section 3-310), is amended to r ead as follows:
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3663 Section 3-310. A. The Oklahoma Tax Commission shall include on
3764 each state individual income tax return form for tax years beginning
3865 after December 31, 2001, and each state corporate tax return form
3966 for tax years beginning after December 3 1, 2001, an opportunity for
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4094 the taxpayer to donate from a tax refund for the benefit of the
4195 Oklahoma Wildlife Diversity Program.
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4396 B. For purposes of this section, “nongame wildlife” means any
4497 species of wildlife not legally classified as a game species or
4598 furbearer by statute or by rule adopted pursuant to statute.
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4999 C. Except as otherwise provided for in this section, all monies
50100 generated pursuant to subsection A of this section shall be paid to
51101 the State Treasurer and placed to the credit of the Wildlife
52102 Diversity Fund.
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54103 D. There is hereby created in the State Treasury a revolving
55104 fund for the Oklahoma Wildlife Conservation Commission to be
56105 designated the “Wildlife Diversity Fund ”. The fund shall be a
57106 continuing fund, not subject to fiscal year limitations , and shall
58107 consist of all monies received under the provisions of subsection C
59108 of this section by the Oklahoma Wildlife Conservation Commission.
60109 The Oklahoma Wildlife Conservation Commission is hereby authorized
61110 to invest all or part of the monies of sai d fund in any investment
62111 permitted by a written investment policy adopted by the Wildlife
63112 Conservation Commission; provided, all investments shall be made in
64113 accordance with the Oklahoma Uniform Prudent Investor Act. Any
65114 interest or dividends accruing fro m such investments shall be
66115 deposited in the Wildlife Diversity Fund. All monies accruing to
67116 the credit of said fund are hereby appropriated and may be budgeted
68117 and expended by the Oklahoma Wildlife Conservation Commission for
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69145 the purpose of preserving, p rotecting, perpetuating and enhancing
70146 nongame wildlife in this state. Any monies withdrawn from said fund
71147 by the Oklahoma Wildlife Conservation Commission for investment
72148 pursuant to this section shall be deemed to be for the purpose of
73149 preserving, protecting, perpetuating and enhancing nongame wildlife
74150 in this state. Expenditures from said fund shall be made upon
75151 warrants issued by the State Treasurer against claims filed as
76152 prescribed by law with the Director of the Office of Management and
77153 Enterprise Services for approval and payment.
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79154 E. If a taxpayer makes a donation pursuant to subsection A of
80155 this section in error, such taxpayer may file a claim for refund at
81156 any time within three (3) years from the due date of the tax return.
82157 Such claims shall be f iled pursuant to the provisions of Section
83158 2373 of Title 68 of the Oklahoma Statutes and, if allowed, shall be
84159 paid pursuant to the provisions of said section. Prior to the
85160 apportionment set forth in subsection C of this section, an amount
86161 equal to the total amount of refunds made pursuant to this
87162 subsection during any one (1) year shall be deducted from the total
88163 donations received pursuant to this section during the following
89164 year and such amount deducted shall be paid to the State Treasurer
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92165 and placed to the credit of the Income Tax Withholding Refund
93166 Account.
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95194 F. Pursuant to Section 2368.18 of Title 68 of the Oklahoma
96195 Statutes, the income tax checkoff contained in this section is
97196 hereby reauthorized effective January 1, 2018 2022.
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99197 SECTION 2. This act shall become effective November 1, 2021.
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103-Passed the Senate the 8th day of March, 2021.
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107- Presiding Officer of the Senate
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110-Passed the House of Representatives the 22nd day of April, 2021.
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114- Presiding Officer of the House
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117-OFFICE OF THE GOVERNOR
118-Received by the Office of the Governor this ____________________
119-day of _________________ __, 20_______, at _______ o'clock _______ M.
120-By: _______________________________ __
121-Approved by the Governor of the State of Oklahoma this _____ ____
122-day of _________________ __, 20_______, at _______ o'clock ____ ___ M.
123-
124- _________________________________
125- Governor of the State of Oklahoma
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128-OFFICE OF THE SECRETARY OF STATE
129-Received by the Office of the Secretary of State this _______ ___
130-day of __________________, 20 _______, at _______ o'clock _______ M.
131-By: _______________________________ __
199+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
200+04/15/2021 - DO PASS, As Coauthored.