Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB592 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 592 Page 1 1
	3	+	SENATE FLOOR VERSION - SB592 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 592 By: Howard of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 20, 2023
	31	+
	32	+
	33	+	SENATE BILL NO. 592 By: Howard of the Senate
30	34
31	35		and
32	36
33	37		Martinez of the House
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38	43		An Act relating to documentary tax stamp; amending 68
39	44		O.S. 2021, Section 3206, which relates to offense;
40	45		modifying certain penalty amounts; clarifying
41	46		statutory language; and providing an effective date .
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46	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
47	52		SECTION 1. AMENDATORY 68 O.S. 2021, Section 3206, is
48	53		amended to read as follows:
49	54		Section 3206. A. Any person who shall willfully fail to
50	55		purchase and affix the exact amount of stamps on any deed,
51	56		instrument, or writing as required under Section 3201 of this titl e
52	57		shall, upon conviction, be su bject to a fine of not more than One
53	58		Thousand Dollars ($1,000.00) the greater of Ten Thousand Dollars
54	59		($10,000.00) or twenty-five percent (25%) of the am ount of the
55	60		documentary tax stamp that should have been due on the transaction
56	61		or to imprisonment of not more than one (1) year, or to both such
57	62		fine and imprisonment for such offense.
58		-	B. The willful removal or alteration of the cance llation or
59		-	defacing marks with intent to use or cause the same to be used after
60		-	a documentary stamp has already been used shall, upon conviction,
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62		-	ENGR. S. B. NO. 592 Page 2 1
	64	+	SENATE FLOOR VERSION - SB592 SFLR Page 2
	65	+	(Bold face denotes Committee Amendments) 1
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	90	+	B. The willful removal or alteration of the cance llation or
	91	+	defacing marks with intent to use or cause the same to be used after
	92	+	a documentary stamp has already been used shall, upon conviction,
87	93		subject the guilty per son to a fine of not more than One Thousand
88	94		Dollars ($1,000.00) the greater of Ten Thousand Dollars ( $10,000.00)
89	95		or twenty-five percent (25%) of the am ount of the documentary tax
90	96		stamp that should have been due on the tra nsaction or to
91	97		imprisonment of not more than one (1) year, or to both such fine and
92	98		imprisonment for such offense.
93	99		C. Proof of payment of the documentary stamp tax shall be the
94	100		exhibiting of the conveyance instrument showin g the required stamps
95	101		have been affixed. The failure or refusal of any taxpayer to
96	102		furnish proof of payment of the do cumentary stamp tax, upon being so
97	103		requested to do so by the Oklahoma Tax Commission, within ninety
98	104		(90) days after being notified by regi stered or certified mail with
99	105		return receipt requested shall be pri ma facie evidence of intent of
100	106		the taxpayer to defr aud the state and evade the payment of such tax.
101	107		Any taxpayer who intends to defraud the state or evade the payment
102	108		of the documentary sta mp tax, fee, penalty , or interest thereon
103	109		pursuant to the provisio ns of Section 217 of this title, shall be
104	110		guilty of a misdemeanor and, upon conviction, shall be punished by a
105	111		fine of not more than One Thousand Dollars ($1,000.00) the greater
106	112		of Ten Thousand Dollars ( $10,000.00) or twenty-five percent (25%) of
107		-	the amount of the documentary tax stamp that should have been due on
108		-	the transaction for each offense.
109		-	D. Should the county clerk become aware that the provisions of
110		-	the documentary stamp law have or might have been violated, h e or
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112		-	ENGR. S. B. NO. 592 Page 3 1
	114	+	SENATE FLOOR VERSION - SB592 SFLR Page 3
	115	+	(Bold face denotes Committee Amendments) 1
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	140	+	the amount of the documentary tax stamp that should have been due on
	141	+	the transaction for each offense.
	142	+	D. Should the county clerk become aware that the provisions of
	143	+	the documentary stamp law have or might have been violated, h e or
137	144		she If a county clerk has reason able cause to believe that any
138	145		provision of the documentary stamp law has been or is being
139	146		violated, the clerk shall immediately report the facts to the
140	147		Oklahoma Tax Commission.
141	148		SECTION 2. This act shall become effective November 1, 2023.
142		-	Passed the Senate the 2nd day of March, 2023.
143		-
144		-
145		-
146		-	Presiding Officer of the Senate
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149		-	Passed the House of Representatives the ____ day of __________,
150		-	2023.
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154		-	Presiding Officer of the House
155		-	of Representatives
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	149	+	COMMITTEE REPORT BY: COMMITTEE ON FINANCE
	150	+	February 20, 2023 - DO PASS