Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3031 Introduced / Bill

Filed 01/16/2024

                     
 
 
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STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
HOUSE BILL 3031 	By: Maynard 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to revenue and taxation ; amending 68 
O.S. 2021, Section 500.10 ; which relates to 
exemptions from motor fuel tax; providing exemption 
for Oklahoma ambulance districts; and providing an 
effective date. 
 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     68 O.S. 2021, Section 500.10, is 
amended to read as follows: 
Section 500.10 Subject to the procedura l requirements and 
conditions set out in this section and Sections 500.11 through 
500.17 of this title, the following are exempt from the taxes on 
motor fuel imposed by Section 500.4 of this title and Section 6 
500.4b of Enrolled House Bill No. 1010 of the 2nd Ex traordinary 
Session of the 56th Oklahoma Legislature this title: 
1.  Motor fuel for which proof of export is available in the 
form of a terminal-issued destination state shipping paper:   
 
 
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a. exported by a supplier who is licensed in the 
destination state, or 
b. sold by a supplier to a licensed exporter for 
immediate export; 
2.  Motor fuel which was acquired by an unlicensed exporter and 
as to which the tax imposed by Section 500.4 of this title has 
previously been paid or accrued and was subsequently exported by 
transport truck by or on behalf of the licensed exporter in a 
diversion across state boundaries properly reported in conformity 
with Section 500.46 of this title; 
3.  Motor fuel exported out o f a bulk plant in this state in a 
tank wagon if the destination of that vehicle does not exceed 
twenty-five (25) miles from the border of this state and as to which 
the tax imposed by Section 500.4 of this title has previously been 
paid or accrued, subject to gallonage limits and other conditions 
established by the Oklahoma T ax Commission; 
4.  K-1 kerosene sold at retail through dispensers which have 
been designed and constructed to prevent delivery directly from the 
dispenser into a vehicle fuel supply tan k, and K-1 kerosene sold at 
retail through nonbarricaded dispensers in quantities of not more 
than twenty-one (21) gallons for use other than for highway 
purposes, under such rules as the Tax Commission shall reasonably 
require;   
 
 
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5.  Motor fuel sold to the United States or any agency or 
instrumentality thereof; 
6.  Motor fuel used solely and exclusively in district-owned 
public school vehicles or FFA and 4 -H Club trucks for the purpose of 
legally transporting public school children, and motor fuel 
purchased by any school district for use exclusively in school buses 
leased or hired for the purpose of legally transporting public 
school children, or in the operation of vehicles used in driver 
training; 
7.  Motor fuel used solely and exclusively as fuel to propel 
motor vehicles on the public roads and highways of this state, when 
leased or owned and being operated for the sole benefit of a county, 
city, town, a volunteer fire department with a state certification 
and rating, rural electric cooperatives, rural wate r and sewer 
districts, rural irrigation districts organized under the O klahoma 
Irrigation District Act, conservancy districts and master 
conservancy districts organized under the Conservancy Act of 
Oklahoma, rural ambulance service districts, ambulance districts 
established under Section 9C of Article X of the Oklahoma 
Constitution, or federally recognized Indian tribes; 
8.  Motor fuel used as fuel for farm tractors or stationary 
engines owned or leased and operated by any person and used 
exclusively for agricultural p urposes, except as to two and eight   
 
 
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one-hundredths cents ($0.0208) per gallon of gasoline as provided in 
subsection C of Section 500.4 of this title; 
9.  Gasoline, diesel fuel and kerosene sold for use as fuel to 
generate power in aircraft engines, whether in aircraft or for 
training, testing or research purposes of aircraft engines, except 
as to eight one-hundredths of one cent ($0.0008) per gallon as 
provided in subsection B of Section 500.4 of this title; 
10.  Motor fuel sold within an Indian reservation or within 
Indian country by a federally recognized Indian tribe to a member of 
that tribe and used in motor vehicles owned by that member of the 
tribe.  This exemption does not apply to sales within an Indian 
reservation or within Indian country by a fede rally recognized 
Indian tribe to non-Indian consumers or to Indian consumers who are 
not members of the tribe selling the motor fuel; 
11.  Subject to determination by the Tax Commission, that 
portion of diesel fuel: 
a. used to operate equipment attached to a motor vehicle, 
if the diesel fuel was placed into the fu el supply 
tank of a motor vehicle that has a common fuel 
reservoir for travel on a highway and for the 
operation of equipment, or 
b. consumed by the vehicle while the vehicle is parked 
off the highways of this state;   
 
 
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12.  Motor fuel acquired by a consumer out of state and carried 
into this state, retained within and consumed from the same vehicle 
fuel supply tank within which it was imported; 
13.  Diesel fuel used as heating oil, or in railroad loco motives 
or any other motorized flanged -wheel rail equipment , or used for 
other nonhighway purposes other than as expressly exempted under 
another provision; 
14.  Motor fuel which was lost or destroyed as a direct result 
of a sudden and unexpected casualty; 
15.  Taxable diesel which had been accidentally contaminat ed by 
dye so as to be unsaleable as highway fuel as proved by proper 
documentation; 
16.  Dyed diesel fuel; 
17.  Motor fuel sold to the Oklahoma Space Industry Development 
Authority or any spaceport user as defined in the Oklahoma Space 
Industry Development Act; and 
18.  Biofuels or biodiesel produced by an individual with crops 
grown on property owned by the same individual and used in a vehicle 
owned by the same individual on the public roads and h ighways of 
this state. 
SECTION 2.  This act shall become effective November 1, 2024. 
 
59-2-8631 AO 12/04/23