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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 3 031 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
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30 | + | ENGROSSED HOUSE | |
3 | 31 | BILL NO. 3031 By: Maynard and Cantrell of the | |
4 | 32 | House | |
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6 | 34 | and | |
7 | 35 | ||
8 | 36 | Bullard of the Senate | |
9 | 37 | ||
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14 | - | An Act relating to revenue and taxation ; amending 68 | |
15 | - | O.S. 2021, Section 500.10 ; which relates to | |
16 | - | exemptions from motor fuel tax; providing exemption | |
17 | - | for Oklahoma ambulance districts; and providing an | |
18 | - | effective date. | |
42 | + | [ revenue and taxation - exemptions from motor fuel | |
43 | + | tax - exemption for Oklahoma ambulance districts - | |
44 | + | effective date ] | |
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23 | - | SUBJECT: Revenue and taxation | |
49 | + | AMENDMENT NO. 1. Page 1, restore the title | |
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51 | + | Passed the Senate the 23rd day of April, 2024. | |
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55 | + | Presiding Officer of the Senate | |
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58 | + | Passed the House of Representatives the ____ day of __________, | |
59 | + | 2024. | |
60 | + | ||
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63 | + | Presiding Officer of the House | |
64 | + | of Representatives | |
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66 | + | ENGR. H. B. NO. 3031 Page 1 1 | |
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91 | + | ENGROSSED HOUSE | |
92 | + | BILL NO. 3031 By: Maynard and Cantrell of the | |
93 | + | House | |
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95 | + | and | |
96 | + | ||
97 | + | Bullard of the Senate | |
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103 | + | [ revenue and taxation - exemptions from motor fuel | |
104 | + | tax - exemption for Oklahoma ambulance districts - | |
105 | + | effective date ] | |
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24 | 109 | ||
25 | 110 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
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27 | 111 | SECTION 1. AMENDATORY 68 O.S. 2021, Section 500.10, is | |
28 | 112 | amended to read as follows: | |
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30 | 113 | Section 500.10 Subject to the procedural requirements and | |
31 | 114 | conditions set out in this section and Sections 500.11 through | |
32 | 115 | 500.17 of this title, the following are exempt from the taxes on | |
33 | 116 | motor fuel imposed by Section 500.4 of this title and Section 6 | |
34 | 117 | 500.4b of Enrolled House Bill No. 1010 of the 2nd Ex traordinary | |
35 | 118 | Session of the 56th Oklahoma Legislature this title: | |
36 | - | ||
37 | 119 | 1. Motor fuel for which proof of export is available in the | |
38 | 120 | form of a terminal-issued destination state shipping paper: | |
39 | - | ||
40 | 121 | a. exported by a supplier who is licensed in the | |
41 | 122 | destination state, or | |
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43 | 149 | b. sold by a supplier to a licensed exporter for | |
44 | 150 | immediate export; | |
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46 | 151 | 2. Motor fuel which was acquired by an unlicensed exporter and | |
47 | 152 | as to which the tax imposed by Section 500.4 of this title has | |
48 | 153 | previously been paid or accrued and was subsequently exported by | |
49 | 154 | transport truck by or on behalf of the licensed exporter in a | |
50 | 155 | diversion across state boundaries properly reported in conformity | |
51 | 156 | with Section 500.46 of this title; | |
52 | - | ||
53 | 157 | 3. Motor fuel exported out o f a bulk plant in this state in a | |
54 | 158 | tank wagon if the destination of that vehicle does not exceed | |
55 | 159 | twenty-five (25) miles from th e border of this state and as to which | |
56 | 160 | the tax imposed by Section 500.4 of this title has previously been | |
57 | 161 | paid or accrued, subject to gallonage limits and other conditi ons | |
58 | 162 | established by the Oklahoma T ax Commission; | |
59 | - | ||
60 | 163 | 4. K-1 kerosene sold at retail through dispensers which have | |
61 | 164 | been designed and constructed to prevent delivery directly from the | |
62 | 165 | dispenser into a vehicle fuel supply tan k, and K-1 kerosene sold at | |
63 | 166 | retail through nonbarricaded dispensers in quantities of not more | |
64 | 167 | than twenty-one (21) gallons for use other than for highway | |
65 | 168 | purposes, under such rules as the Tax Commission shall reasonably | |
66 | 169 | require; | |
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68 | 170 | 5. Motor fuel sold to the United States or any agency or | |
69 | 171 | instrumentality thereof; | |
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71 | 198 | 6. Motor fuel used solely and exclusively in district-owned | |
72 | 199 | public school vehicles or FFA and 4 -H Club trucks for the purpose of | |
73 | 200 | legally transporting public school children, and motor fuel | |
74 | 201 | purchased by any school district for use exclusi vely in school buses | |
75 | 202 | leased or hired for the purpose of legally transporting public | |
76 | 203 | school children, or in the operation of vehicles used in driver | |
77 | 204 | training; | |
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79 | 205 | 7. Motor fuel used solely and exclusively as fuel to propel | |
80 | 206 | motor vehicles on the public roads an d highways of this state, when | |
81 | 207 | leased or owned and being operated for the sole benefit o f a county, | |
82 | 208 | city, town, a volunteer fire department with a state certification | |
83 | 209 | and rating, rural electric cooperatives, rural wate r and sewer | |
84 | 210 | districts, rural irrigatio n districts organized under the O klahoma | |
85 | 211 | Irrigation District Act, conservancy districts and master | |
86 | 212 | conservancy districts organized under the Conservancy Act of | |
87 | 213 | Oklahoma, rural ambulance service districts, ambulance districts | |
88 | 214 | established under Section 9C of Article X of the Oklahoma | |
89 | 215 | Constitution, or federally recognized Indian tribes; | |
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91 | 216 | 8. Motor fuel used as fuel for farm tractors or stationary | |
92 | 217 | engines owned or leased and operated by any person and used | |
93 | 218 | exclusively for agricultural p urposes, except as to two and eight | |
94 | 219 | one-hundredths cents ($0.0208) per gallon of gasoline as provided in | |
95 | 220 | subsection C of Section 500.4 of this title; | |
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97 | 247 | 9. Gasoline, diesel fuel and kerosene sold for use as fuel to | |
98 | 248 | generate power in aircraft engines, whether in aircraft or for | |
99 | 249 | training, testing or research purposes of aircraft engines, except | |
100 | 250 | as to eight one-hundredths of one cent ($0.0008) per gallon as | |
101 | 251 | provided in subsection B of Section 500.4 of this title; | |
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103 | 252 | 10. Motor fuel sold within an Indian reservation or within | |
104 | 253 | Indian country by a federally recognized Indian tribe to a member of | |
105 | 254 | that tribe and used in motor vehic les owned by that member of the | |
106 | 255 | tribe. This exemption does not apply to sales within an Indian | |
107 | 256 | reservation or within Indian country by a fede rally recognized | |
108 | 257 | Indian tribe to non-Indian consumers or to Indian consumers who are | |
109 | 258 | not members of the tribe sell ing the motor fuel; | |
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111 | 259 | 11. Subject to determination by the Tax Commission, that | |
112 | 260 | portion of diesel fuel: | |
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114 | 261 | a. used to operate equipment attached to a motor vehicle, | |
115 | 262 | if the diesel fuel was placed into the fu el supply | |
116 | 263 | tank of a motor vehicle that has a common fue l | |
117 | 264 | reservoir for travel on a highway and for the | |
118 | 265 | operation of equipment, or | |
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120 | 266 | b. consumed by the vehicle while the vehicle is parked | |
121 | 267 | off the highways of this state; | |
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123 | 268 | 12. Motor fuel acquired by a consumer out of state and carried | |
124 | 269 | into this state, retained with in and consumed from the same vehicle | |
125 | 270 | fuel supply tank within which it was imported; | |
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127 | 297 | 13. Diesel fuel used as heating oil, or in railroad loco motives | |
128 | 298 | or any other motorized flanged-wheel rail equipment , or used for | |
129 | 299 | other nonhighway purposes other than as e xpressly exempted under | |
130 | 300 | another provision; | |
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132 | 301 | 14. Motor fuel which was lost or destroyed as a direct result | |
133 | 302 | of a sudden and unexpected casualty; | |
134 | - | ENR. H. B. NO. 3031 Page 4 | |
135 | 303 | 15. Taxable diesel which had been accidentally contaminat ed by | |
136 | 304 | dye so as to be unsaleable as highway fuel as pro ved by proper | |
137 | 305 | documentation; | |
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139 | 306 | 16. Dyed diesel fuel; | |
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141 | 307 | 17. Motor fuel sold to the Oklahoma Space Industry Development | |
142 | 308 | Authority or any spaceport user as defined in the Ok lahoma Space | |
143 | 309 | Industry Development Act; and | |
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145 | 310 | 18. Biofuels or biodiesel produced by an ind ividual with crops | |
146 | 311 | grown on property owned by the same individual and used in a vehicle | |
147 | 312 | owned by the same individual on the public roads and h ighways of | |
148 | 313 | this state. | |
314 | + | SECTION 2. This act shall become effective November 1, 2024. | |
149 | 315 | ||
150 | - | SECTION 2. This act shall become effective November 1, 2024. ENR. H. B. NO. 3031 Page 5 | |
151 | - | Passed the House of Representatives the 7th day of May, 2024. | |
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342 | + | Passed the House of Representatives the 12th day of March, 2024. | |
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156 | 347 | Presiding Officer of the House | |
157 | 348 | of Representatives | |
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161 | - | Passed the Senate the 23rd day of April, 2024. | |
351 | + | Passed the Senate the ___ day of __________, 2024. | |
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166 | 356 | Presiding Officer of the Senate | |
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170 | - | OFFICE OF THE GOVERNOR | |
171 | - | Received by the Office of the Governor this ____________________ | |
172 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
173 | - | By: _________________________________ | |
174 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
175 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
176 | - | ||
177 | - | ||
178 | - | _________________________________ | |
179 | - | Governor of the State of Oklahoma | |
180 | - | ||
181 | - | OFFICE OF THE SECRETAR Y OF STATE | |
182 | - | Received by the Office of the Secretary of State this __________ | |
183 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
184 | - | By: _________________________________ |