Req. No. 549 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 751 By: Woods AS INTRODUCED An Act relating to use tax; amending 68 O.S. 2021, Section 1403, which re lates to apportionment of revenues; increasing certain apportionm ents for certain fiscal years; decreasing certain apportionments for certa in fiscal years; updating statutory language; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: SECTION 1. AMENDATORY 68 O.S. 2021, Section 1403, is amended to read as follows: Section 1403. A. It is hereby declared to be the purpose of Section 1401 et seq. of this title to pr ovide for the support of the functions of the state and local government of Oklahoma this state; and for this purpose an d to this end, it is hereby expressly provided that the revenues derived hereunder, subject to the apportionment provided in subsection B of this section and to the apportionment requir ements for the Oklahoma Tax Commission and Office of Management and Ent erprise Services Joint Computer Enhancement Fund provided by Section 265 of this title, are hereby apportioned as follows: Req. No. 549 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. The following amounts shall be paid by the Tax Commission to the State Treasurer and placed to the credit of the General Revenue Fund to be paid out pursuant to direct appropriation by the Legislature: Fiscal Year Amount FY 2004 85.35% FY 2005 85.14% FY 2006 85.54% FY 2007 85.04% FY 2008 through FY 2022 83.61% FY 2023 through FY 2027 83.36% FY 2028 2024 and each fiscal year thereafter 83.61% 100%; 2. The following amounts shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fu nd of the State Department of Educatio n: a. for FY 2020, ten and forty-six one-hundredths percent (10.46%), b. for FY 2021: (1) for the month beginning July 1, 2020, through the month ending August 31, 2020, ten and forty -six one-hundredths percent (10.46% ), and (2) for the month beginning Sep tember 1, 2020, through the month ending June 30, 2021, eleven Req. No. 549 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and ninety-six one-hundredths percent (11.96%), and c. for FY 2022 and each fiscal year thereafter, ten and forty-six one-hundredths percent (10.46%); 3. The following amounts shall be paid to the State Treasurer to be placed to the credit of the Teachers ’ Retirement System Dedicated Revenue Revolving Fund: Fiscal Year Amount FY 2003 and FY 2004 3.54% FY 2005 3.75% FY 2006 4.0% FY 2007 4.5% FY 2008 through FY 2020 5.0% FY 2021: a. for the month beginning July 1, 2020, through the month ending August 31, 2020 5.0% b. for the month beginning September 1, 2020, through the month ending June 30, 2021 3.5% FY 2022 5.0% FY 2023 through FY 2027 5.25% FY 2028 and each fiscal year thereafter 5.0%; Req. No. 549 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. a. except Except as otherwise provided in subparagraph b of this paragraph, for the fiscal y ear beginning July 1, 2015, and for each fiscal year thereafter through fiscal year 2023, eighty-seven one-hundredths percent (0.87%) shall be paid to the State Treasurer to be further apportioned as follows: (1) thirty-six percent (36%) shall be placed to t he credit of the Oklaho ma Tourism Promotion Revolving Fund, but in no event shall such apportionment exceed the total amount appo rtioned pursuant to this division for t he fiscal year ending on June 30, 2015, and (2) sixty-four percent (64%) shall be place d to the credit of the Oklahoma Tourism Capital Improvement Revolving Fund, but in no event shall such apportionment exceed the to tal amount apportioned pursuant to this division for the fiscal year ending on June 30, 2015, and b. any amounts which exceed the limitations of subparagraph a of this paragraph shall be placed to the credit of the General Revenue Fund; and 5. For the fiscal year beginning July 1, 2015 , and for each fiscal year thereafter through fiscal year 2023 , six one-hundredths percent (0.06%) shall be placed to the credit of the Oklahoma Req. No. 549 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Historical Society Capital Improvement and Operations Revolving Fund, but in no event shall such apportionment exceed t he total amount apportioned pursuant to this paragraph for the fiscal year ending on June 30, 2015 . Any amounts which exceed the limita tions of this paragraph shall be placed to the credit of the General Revenue Fund. B. Prior to the apportionments other wise provided in this section, there shall be apportioned to the Education Reform Revolving Fund of the State Department of Education th e following amounts in the following state fiscal years: FY 2019 $19,600,000.00; and FY 2020 and each year thereafter $20,500,000.00. SECTION 2. This act shall become effective July 1, 2023. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reas on whereof this act shall take effect and be in full force from and after its passage and approval. 59-1-549 QD 1/18/2023 5:16:37 PM