Oklahoma 2024 Regular Session

Oklahoma House Bill HB3031 Compare Versions

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1-An Act
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28+ENGROSSED SENATE AMENDMENT
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331 BILL NO. 3031 By: Maynard and Cantrell of the
432 House
533
634 and
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836 Bullard of the Senate
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1038
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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 ]
1945
2046
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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 __________,
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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
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95+ and
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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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24109
25110 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
26-
27111 SECTION 1. AMENDATORY 68 O.S. 2021, Section 500.10, is
28112 amended to read as follows:
29-
30113 Section 500.10 Subject to the procedural requirements and
31114 conditions set out in this section and Sections 500.11 through
32115 500.17 of this title, the following are exempt from the taxes on
33116 motor fuel imposed by Section 500.4 of this title and Section 6
34117 500.4b of Enrolled House Bill No. 1010 of the 2nd Ex traordinary
35118 Session of the 56th Oklahoma Legislature this title:
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37119 1. Motor fuel for which proof of export is available in the
38120 form of a terminal-issued destination state shipping paper:
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40121 a. exported by a supplier who is licensed in the
41122 destination state, or
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43149 b. sold by a supplier to a licensed exporter for
44150 immediate export;
45- ENR. H. B. NO. 3031 Page 2
46151 2. Motor fuel which was acquired by an unlicensed exporter and
47152 as to which the tax imposed by Section 500.4 of this title has
48153 previously been paid or accrued and was subsequently exported by
49154 transport truck by or on behalf of the licensed exporter in a
50155 diversion across state boundaries properly reported in conformity
51156 with Section 500.46 of this title;
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53157 3. Motor fuel exported out o f a bulk plant in this state in a
54158 tank wagon if the destination of that vehicle does not exceed
55159 twenty-five (25) miles from th e border of this state and as to which
56160 the tax imposed by Section 500.4 of this title has previously been
57161 paid or accrued, subject to gallonage limits and other conditi ons
58162 established by the Oklahoma T ax Commission;
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60163 4. K-1 kerosene sold at retail through dispensers which have
61164 been designed and constructed to prevent delivery directly from the
62165 dispenser into a vehicle fuel supply tan k, and K-1 kerosene sold at
63166 retail through nonbarricaded dispensers in quantities of not more
64167 than twenty-one (21) gallons for use other than for highway
65168 purposes, under such rules as the Tax Commission shall reasonably
66169 require;
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68170 5. Motor fuel sold to the United States or any agency or
69171 instrumentality thereof;
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71198 6. Motor fuel used solely and exclusively in district-owned
72199 public school vehicles or FFA and 4 -H Club trucks for the purpose of
73200 legally transporting public school children, and motor fuel
74201 purchased by any school district for use exclusi vely in school buses
75202 leased or hired for the purpose of legally transporting public
76203 school children, or in the operation of vehicles used in driver
77204 training;
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79205 7. Motor fuel used solely and exclusively as fuel to propel
80206 motor vehicles on the public roads an d highways of this state, when
81207 leased or owned and being operated for the sole benefit o f a county,
82208 city, town, a volunteer fire department with a state certification
83209 and rating, rural electric cooperatives, rural wate r and sewer
84210 districts, rural irrigatio n districts organized under the O klahoma
85211 Irrigation District Act, conservancy districts and master
86212 conservancy districts organized under the Conservancy Act of
87213 Oklahoma, rural ambulance service districts, ambulance districts
88214 established under Section 9C of Article X of the Oklahoma
89215 Constitution, or federally recognized Indian tribes;
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91216 8. Motor fuel used as fuel for farm tractors or stationary
92217 engines owned or leased and operated by any person and used
93218 exclusively for agricultural p urposes, except as to two and eight
94219 one-hundredths cents ($0.0208) per gallon of gasoline as provided in
95220 subsection C of Section 500.4 of this title;
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97247 9. Gasoline, diesel fuel and kerosene sold for use as fuel to
98248 generate power in aircraft engines, whether in aircraft or for
99249 training, testing or research purposes of aircraft engines, except
100250 as to eight one-hundredths of one cent ($0.0008) per gallon as
101251 provided in subsection B of Section 500.4 of this title;
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103252 10. Motor fuel sold within an Indian reservation or within
104253 Indian country by a federally recognized Indian tribe to a member of
105254 that tribe and used in motor vehic les owned by that member of the
106255 tribe. This exemption does not apply to sales within an Indian
107256 reservation or within Indian country by a fede rally recognized
108257 Indian tribe to non-Indian consumers or to Indian consumers who are
109258 not members of the tribe sell ing the motor fuel;
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111259 11. Subject to determination by the Tax Commission, that
112260 portion of diesel fuel:
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114261 a. used to operate equipment attached to a motor vehicle,
115262 if the diesel fuel was placed into the fu el supply
116263 tank of a motor vehicle that has a common fue l
117264 reservoir for travel on a highway and for the
118265 operation of equipment, or
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120266 b. consumed by the vehicle while the vehicle is parked
121267 off the highways of this state;
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123268 12. Motor fuel acquired by a consumer out of state and carried
124269 into this state, retained with in and consumed from the same vehicle
125270 fuel supply tank within which it was imported;
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127297 13. Diesel fuel used as heating oil, or in railroad loco motives
128298 or any other motorized flanged-wheel rail equipment , or used for
129299 other nonhighway purposes other than as e xpressly exempted under
130300 another provision;
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132301 14. Motor fuel which was lost or destroyed as a direct result
133302 of a sudden and unexpected casualty;
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135303 15. Taxable diesel which had been accidentally contaminat ed by
136304 dye so as to be unsaleable as highway fuel as pro ved by proper
137305 documentation;
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139306 16. Dyed diesel fuel;
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141307 17. Motor fuel sold to the Oklahoma Space Industry Development
142308 Authority or any spaceport user as defined in the Ok lahoma Space
143309 Industry Development Act; and
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145310 18. Biofuels or biodiesel produced by an ind ividual with crops
146311 grown on property owned by the same individual and used in a vehicle
147312 owned by the same individual on the public roads and h ighways of
148313 this state.
314+SECTION 2. This act shall become effective November 1, 2024.
149315
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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154345
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156347 Presiding Officer of the House
157348 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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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: _________________________________