Oklahoma 2023 1st Special Session

Oklahoma Senate Bill SB26 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
6		-	BILL NO. 26x By: Thompson (Roger), Hall, and
7		-	Boren of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
	36	+	BILL NO. 26x By: Thompson (Roger) and Hall
	37	+	of the Senate
8	38
9	39		and
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11	41		Wallace and Martinez of the
12	42		House
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17	47		An Act relating to Tribal-State agreements; affirming
18	48		and offering supplemental compact term to preclude
19	49		the expiration or termination of any compact entered
20	50		pursuant to 68 O.S. Section 346 and in effect as of
21	51		January 1, 2023, until December 31, 2024, at the
22	52		earliest; enacting law to offer the restoration of
23	53		any compact entered into pursuant to 68 O.S. Section
24	54		346 and in effect as of January 1, 2019, but which
25	55		expired without renewal pursuant to its own terms
26	56		thereafter and to preclude the expiration or
27	57		termination thereof until December 31, 2024, at the
28	58		earliest; providing for codification; and providing
29	59		for severability.
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33		-	SUBJECT: Tribal-State agreements
34		-
35	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
36		-
37	64		SECTION 1. NEW LAW A new section of law to be codified
38	65		in the Oklahoma Statutes as S ection 346.1 of Title 68, unless there
39	66		is created a duplication in numbering, reads as f ollows:
40		-
41	67		A. The Legislature finds that:
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43	68		1. As codified in Section 1221 of Title 74 of the Oklahoma
44	69		Statutes, Oklahoma’s standing policy is to work in a spirit of
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45	97		cooperation with all federally recognized India n tribes in
46		-
47		-	ENR. S. B. NO. 26x Page 2
48	98		furtherance of federal policy for the benefit of both the State of
49	99		Oklahoma and Tribal governments;
50		-
51	100		2. Oklahoma has benefited from its implementation of thi s
52	101		policy through, among other things, the for mation and entry of
53	102		intergovernmental agre ements or compacts with Tribal nations on a
54	103		variety of subjects; and
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56	104		3. As authorized by Section 346 of Title 68 of the Oklahoma
57	105		Statutes, Oklahoma entered numerous com pacts with Tribal nations
58	106		relating to taxation of tobacco product sales, which agreements have
59	107		benefited all parties by reducing intergovernmental disputes,
60	108		increasing Oklahoma tax revenues, and provid ing a stable environment
61	109		for Tribal and non-Tribal economic activity.
62		-
63	110		B. Consistent with the Legislature’s intent declared in
64	111		subsection B of Section 346 of Title 68 of the Oklahoma Statu tes,
65	112		the State of Oklahoma offers the following supplemental term to any
66	113		Tribe that is party to a State-Tribal tobacco products sales tax
67	114		compact entered pursuant to Section 346 of Title 68 of the Oklahoma
68	115		Statutes or otherwise which was in effect on January 1, 2023, but is
69	116		set to expire prior to December 31, 2024:
	117	+	SUPPLEMENTAL TERM TO
	118	+	TOBACCO PRODUCTS EXCISE TAX COMPACT
	119	+	Between the [NAME OF TRIBE]
	120	+	and the STATE OF OKLAHOMA
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71		-	SUPPLEMENTAL TERM TO
72		-
73		-	TOBACCO PRODUCTS EXCISE TAX COMPACT
74		-
75		-	Between the [NAME OF TRIBE]
76		-
77		-	and the STATE OF OKLAHOMA
	122	+	SB26X HFLR Page 3
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79	148		The tobacco products excise tax compact between the [NAME
80	149		OF TRIBE] and the STATE OF OKLAHOMA is hereby affirmed and
81	150		shall be deemed in effect until December 31, 2024, and
82	151		restored, and any action to unilaterally terminate the compact
83	152		prior to that date shall be null and void.
84		-
85	153		C. Further and also consistent with such intent, the State of
86	154		Oklahoma offers the following restoration of and supplemental term
87	155		to any Tribe that is party to a State-Tribal tobacco products excise
88	156		tax compact entered pursuant to Section 346 of Title 68 of the
89		-
90		-	ENR. S. B. NO. 26x Page 3
91	157		Oklahoma Statutes or otherwise and which was in effect a s of January
92	158		1, 2019, but which expired prior to the effective date of this act:
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94	159		RESTORATION OF AND SUPPLEMENTAL TERM TO
95		-
96	160		TOBACCO PRODUCTS EXCISE TAX COMPACT TERM
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98	161		Between the [NAME OF TRIBE]
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100	162		and the STATE OF OKLAHO MA
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102	163		Notwithstanding its expiration prior to the effective date
103	164		of this act, the tobacco products excise tax compact between
104	165		the [NAME OF TRIBE] and the STATE OF OKLA HOMA in effect on
105	166		January 1, 2019, is hereby affirmed and restored to effect as
106	167		of July 1, 2023, and shall remain in effect until December 31,
107	168		2024, and any action to unilaterally terminate the compact
108	169		prior to that date shall be null and void .
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110	170		D. Tribal acceptance of an offer codified in either subsection
111	171		B or C of this section shall be indicated by letter from the Tribal
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112	199		party’s governing body or official reciting the terms set forth
113	200		above and delivered to the Oklahoma Tax Commission . Such letter
114	201		shall then be filed with the Secretary of State.
115		-
116	202		SECTION 2. The provisions of this act are severable and if any
117	203		part or provision shall be held void the decision of the co urt so
118	204		holding shall not affect or impair any of the remaining pa rts or
119	205		provisions of this act.
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121		-
122		-	ENR. S. B. NO. 26x Page 4
123		-	Passed the Senate the 24th day of May, 2023.
124		-
125		-
126		-
127		-	Presiding Officer of the Senate
128		-
129		-
130		-	Passed the House of Representatives the 26th day of May, 2023.
131		-
132		-
133		-
134		-	Presiding Officer of the House
135		-	of Representatives
136		-
137		-	OFFICE OF THE GOVERNOR
138		-	Received by the Office of the Governor this _______ _____________
139		-	day of _________________ __, 20_______, at _______ o'clock _____ __ M.
140		-	By: _______________________________ __
141		-	Approved by the Governor of the State of Oklahoma this _____ ____
142		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
143		-
144		-	_________________________________
145		-	Governor of the State of Oklahoma
146		-
147		-
148		-	OFFICE OF THE SECRETARY OF STATE
149		-	Received by the Office of the Secretary of State this _______ ___
150		-	day of __________________, 20 _______, at _______ o'clock _______ M.
151		-	By: _______________________________ __
	207	+	COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
	208	+	AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.