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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1548 By: Moore
AS INTRODUCED
An Act relating to sales tax code; amending 68 O.S.
2021, Section 1353, as amended by Section 3, Chapte r
412, O.S.L. 2022 (68 O.S. Supp. 2 022, Section 1353),
which relates to apportionment of revenues; modifying
limits on the Oklahoma Tourism Promotion Revolving
Fund; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 1353, as
amended by Section 3, Chapter 412, O.S.L. 2022 (68 O.S. Supp. 2022,
Section 1353), is amended to read as follows:
Section 1353. Purpose of article – Apportionment of revenues.
A. It is hereby declared t o be the purpose of the Oklahoma
Sales Tax Code to provide funds for the financing of the program
provided for by the Oklahoma Social Security Act and to provide
revenues for the support of the functions of the state gove rnment of
Oklahoma, and for this pu rpose it is hereby expressly provided t hat,
revenues derived pursuant to the provisions of the Oklahoma Sales
Tax Code, subject to the apportionment requirements for the Oklahoma
Tax Commission and Office of Management an d Enterprise Services
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Joint Computer Enhancement Fund provided by Section 265 of this
title, shall be apportioned as follows:
1. Except as provid ed in subsections C and D of this section,
the following amounts shall be paid to the State Treasurer to be
placed to the credit of the General R evenue Fund to be paid out
pursuant to direct appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 86.04%
FY 2005 85.83%
FY 2006 85.54%
FY 2007 85.04%
FY 2008 through FY 2022 83.61%
FY 2023 through FY 2027 83.36%
FY 2028 and each fiscal year thereafter 83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the cre dit of the Education Reform Revolving Fund of
the State Department of Education:
a. for FY 2003, FY 2004 and F Y 2005, ten and forty-two
one-hundredths percent (10.42%),
b. for FY 2006 through FY 2020, ten and forty -six one-
hundredths percent (10.46%),
c. for FY 2021:
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(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 Septe mber 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
d. 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 S tate 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 20 20 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%
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FY 2028 and each fiscal year thereafter 5.0%;
4. a. except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2022,
and for each fiscal year thereafter, eighty -seven one-
hundredths percent (0.87 %) shall be paid to the State
Treasurer to be further apportioned as follo ws:
(1) twenty-four percent (24%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year the fiscal
year beginning July 1, 2023, and previous fiscal
years, Six Million Dollars ( $6,000,000.00) in the
fiscal year beginning July 1, 2024, Six Million
Five Hundred Thousand Dollars ( $6,500,000.00) in
the fiscal year beginning July 1, 2025, and Seven
Million Five Hundred Thousand Dollars
($7,500,000.00) in the fiscal year beginning July
1, 2026, and subsequent fiscal years,
(2) forty-four percent (44%) shall be placed to the
credit of the Oklahoma Tourism Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
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(3) thirty-two percent (32%) sha ll be placed to the
credit of the Oklahoma Route 66 Commission
Revolving Fund, but in no event shall such
apportionment exceed Six Million Six Hundred
Thousand Dollars ($6,600,000.00) in any fiscal
year, 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 begin ning July 1, 2015, and for each
fiscal year thereafter, six one -hundredths percent (0.06%) shall be
placed to the credit of the Okla homa Historical Society Capital
Improvement and Operations Revolving Fund, but in no even t 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 li mitations of this paragraph shall be
placed to the credit of the General Revenue Fund.
B. Provided, for the fiscal year beg inning July 1, 2007, and
every fiscal year thereafter, an amount of revenue shall be
apportioned to each municipality or county whic h levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this tit le equal to the amount of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this tit le and subsection F of
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Section 2701 of this title. The Oklahoma Tax Commission shall
promulgate and adopt rules necessary t o implement the provisions of
this subsection.
C. From the monies that would otherwise be apportioned to the
General Revenue Fund p ursuant to subsection A of this section, there
shall be apportioned the following amounts :
1. For the month ending August 3 1, 2019:
a. Nine Million Six Hundred Th ousand Dollars
($9,600,000.00) to the credit of the State Highway
Construction and Maintenanc e Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credi t of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and M aintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the cred it of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
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3. For the month ending October 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Ma intenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to t he credit of
the Oklahoma Railroad Main tenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
4. For the month ending November 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the cred it
of the State Highway Constructio n and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to t he credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of T itle 66 of the Oklahoma
Statutes; and
5. For the month ending December 31 , 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Constru ction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
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b. Two Million Dollars ($2,000, 000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes.
D. For fiscal year 2023, and each subsequent fiscal year,
before any other apportionm ent otherwise required by this sect ion is
made to the General Revenue Fund , there shall be apportioned to the
State Public Common School Building Equalization Fund an amount, if
any, as required pursuant to Section 3 -104 of Title 70 of the
Oklahoma Statutes, not to exceed the state sales ta x generated by
medical marijuana sales in the preceding fiscal year as reported by
the Oklahoma Tax Commission.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5353 JL 01/11/23