ENGR. H. A. to ENGR. S. B. NO. 1502 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 ENGROSSED HOUSE AMENDME NT TO ENGROSSED SENATE BILL NO . 1502 By: Rader and Rogers of the Senate and Fetgatter of the House An Act relating to sales tax; amending 68 O.S. 2021, Section 1356, as last amended by Section 1, Chapter 394, O.S.L. 2022 (68 O.S. Supp. 2023, Section 13 56), which relates to sales tax ex emption; providing exemption to entities in connection with the performance of a contract with an exempt entity for construction or expansion of a building or facility; updating statutory la nguage; and providing an effective date. AUTHOR: Add the following House Coauthors: Schreiber, West (Kevin), and Fugate AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill and insert: "An Act relating to sales tax; amending 68 O.S. 2021, Section 1356, as las t amended by Section 1, Chapter 394, O.S.L. 2022 (68 O .S. Supp. 2023, Section 13 56), which relates to sales tax exemption; providing exemption to entitie s in connection with the performance of a contr act with an exempt entity for construction or expansion of a building or facility; updating statutory language ; and providing an effective date. ENGR. H. A. to ENGR. S. B. NO. 1502 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 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 68 O .S. 2021, Section 1356, as last amended by Section 1, Chapt er 394, O.S.L. 2022 (68 O.S. Supp. 2023, Section 1356), is amended to read as f ollows: Section 1356. Exemptions - Governmental and nonprofit entities . There are hereby specifically exempted from t he tax levied by Section 1350 et seq. of this title: 1. Sale Sales of tangible personal property or services to the United States government or to the State of Oklahoma, any political subdivision of this state or any agency of a political s ubdivision of this state; provided, all sales to contractors in connection with the performance of any contract with the United States government, State of Oklahoma or any of its political subdivisions sha ll not be exempted from the tax levied by Section 1 350 et seq. of this title, except as hereinafter provided. Except as otherwise provided by this paragraph, the exemptions for sales of tangible personal property or services to entit ies provided by this section shall apply t o sales to the exempt entity, as well as to sales to any contractor with whom the exempt entity has entered into a construction contract, necessary for carrying out such contract and sales to any sub contractor to such a construction contract. Any contractor or subcontractor making purchas es necessary for carrying out such contract may present a copy of the exemption letter or card issued to the exempt entity by the Oklahoma ENGR. H. A. to ENGR. S. B. NO. 1502 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 Tax Commission and documen tation indicating the contractual relationship between the contractor and the entity to the vendor and the vendor shall retain such documentation as certific ation that the purchase is exempt as provided in this section ; 2. Sales of property to agents appointe d by or under contract with agencies or instrumentalities of the United States government if ownership and possession of such property transfers immediately to the United States government; 3. Sales of property to agents appointed by or under contract with a political subdivision of this s tate if the sale of such property is associated with the development of a qualified federal facility, as provided in the O klahoma Federal Facilities Development Act, and if ownership and possession of such property transf ers immediately to the political su bdivision or the state; 4. Sales made directly by county, district or state fair authorities of this state, upon the prem ises of the fair authority, for the sole benefit of the fair authority or sales of admission tickets to such fairs or fair events at a ny location in the state authorized by county, district or state fair a uthorities; provided, the exemption provided by thi s paragraph for admission tickets to fair events shall apply only to any portion of the admission p rice that is retained by or distrib uted to the fair author ity. As used in this paragraph, “fair event” shall be limited to an event held on ENGR. H. A. to ENGR. S. B. NO. 1502 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 the premises of the fair authority in conjunction with and during the time period of a county, district or state fa ir; 5. Sale Sales of food in cafeterias or lunchrooms of elementary schools, high schools, colleges or un iversities which are operated primarily for teacher s and pupils and are not operated primarily for the public or for profit; 6. Dues paid to fraterna l, religious, civic, charitable or educational societies o r organizations by regular members thereof, provided, such societies or organizations operate under what is commonly termed the lodge plan or system, and provided such societies or organizations do not operate for a profit which inur es to the benefit of any individual member or members thereof to the exclusion of other members and dues paid monthly or a nnually to privately owned scientific and educational libraries by members sharing the use of servi ces rendered by such libraries with students interested in the study of geology, petroleum engineering or related subjects; 7. Sale Sales of tangible personal property or services to or by churches, except sales made in the course of business for profit or savings, competing with other per sons engaged in the same or a similar business or sale sales of tangible personal property or services by an organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, made on behalf of or at the request of a churc h or churches ENGR. H. A. to ENGR. S. B. NO. 1502 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 if the sale of such property is co nducted not more than once each calendar year for a period not to exceed three (3) days by the organization and proceeds from the sale of such propert y are used by the church or churche s or by the organization for charitable purposes; 8. The amount of pro ceeds received from the sale sales of admission tickets which is separately stated on the ticket of admission for the repayment of money borrowed by a ny accredited state-supported college or university or any public trust of which a county in this state is the beneficiary, for the purpose of constructing or enlarging any facility to be used for the staging of an athletic event, a theatrical production, or any other form of entertainment, edification or cultural cultivation to which entry is gained with a paid admission ticket. Such facilities include, but are not limited to, athletic fields, athletic stadiums, field houses, amphitheaters and theaters. To be eligible for this sales tax exemption, the amount se parately stated on the admission ticket shall be a surcharge which is imposed, collected and used f or the sole purpose of servicing or aiding in the servicing of debt incurred by the college or univ ersity to effect the capital improvements hereinbefore described; 9. Sales of tangible personal property or services to the council organizations or similar state supervisory organizations of ENGR. H. A. to ENGR. S. B. NO. 1502 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Boy Scouts of America, Girl Scouts of the U.S.A. and Camp Fire USA; 10. Sale Sales of tangible personal property or services to any county, municipality, rural wate r district, public school district, city-county library system, the institutions of The Oklahoma State System of Higher Education, the Grand River Dam Authority, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Municipal Power Authority, Ci ty of Tulsa-Rogers County Port Authority, Muskogee City-County Port Authority, the Oklahoma Department of Veterans Affairs, the Broken Bow Economic De velopment Authority, Ardmore Develo pment Authority, Durant Industrial Authority, Oklahoma Ordnance Works A uthority, Central Oklahoma Master Conservancy Distr ict, Arbuckle Master Conservancy District, Fort Cobb Reservoir Master Conservancy District, Foss Re servoir Master Conservancy District , Mountain Park Master Conservancy District, Waurika Lake Master Conser vancy District and the Office of Management and Enterprise Services only when carrying out a public construction contract on behalf of the Oklahoma De partment of Veterans Affairs, and e ffective July 1, 2022, the University Hospitals Trust, or to any person with whom any of the above-named subdivisions or agencies of this state has duly entered into a public contract pursuant to law, necessary for carryi ng out such public contract or to a ny subcontractor to such a public contract. Any person making purchase s on behalf of such subdivision or agency ENGR. H. A. to ENGR. S. B. NO. 1502 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of this state shall certify, in writing, on the copy of the invoice or sales ticket provide documentation to be retained by the vendor that the purchases are made fo r and on behalf of such subdivision or agency of this state and set out the name of such public subd ivision or agency. Any person who wrongfully or erroneously certifies that purchases are for any o f the above-named subdivisions or agencies of this state or who otherwise violates this section shall be g uilty of a misdemeanor and upon conviction thereof shall be fined an amount equal to double the amount of sales tax involved or incarcerated for not more than sixty (60) days or both; 11. Sales of tangible personal property or services to private institutions of higher education and private elementary and secondary institutions of education accredited by the State Department of Education or registered by the State Board of Education for purposes of participa ting in federal programs or accredited as defined by the Oklahoma State Regents for Higher Education which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) including materials, supplies and equi pment used in the construction and improvement of buildings and other structures owned by the institutions and operated for educational purposes. Any person, firm, agency or entity making purchases o n behalf of any institution, agency or subdivision in thi s state, shall certify in writing, on the copy of the invoice or sales ticket provide ENGR. H. A. to ENGR. S. B. NO. 1502 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 documentation as to the nature of the purchases, and violation of this paragraph shall be a misdemeanor as set fo rth in paragraph 10 of this section; 12. Tuition and educ ational fees paid to private institutions of higher education and private elementary and secondary institutions of education accredited by the State Department of Education or registered by the Stat e Board of Education for purposes of participating in fede ral programs or accredited as defined by the Oklahoma State Regents for Higher Education which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); 13. a. Sales of tangible personal property made b y: (1) a public school, (2) a private school off ering instruction for grade levels kindergarten thr ough twelfth grade, (3) a public school district, (4) a public or private school board, (5) a public or private school student group or organization, (6) a parent-teacher association or organization other than as specified in subparagraph b of this paragraph, or (7) public or private school personnel for purposes of raising funds for the benefit of a pu blic or ENGR. H. A. to ENGR. S. B. NO. 1502 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 private school, public school district, public or private school board or public or private school student group or organization, or b. Sales of tangible personal property made by or to nonprofit parent-teacher associations or organizations exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), nonprofit local public or private school foundations which solicit money or property in the name of any public or private school or public school district. The exemption provided by this paragraph for sales made b y a public or private school shall be limited to those public or private schools accredited by the State Department of Education or registered by the State Board of Education for purposes of participating in federal programs. Sale Sales of tangible personal property in this paragraph shall include sale sales of admission tickets and concessions at athl etic events; 14. Sales of tangible personal property by: a. local 4-H clubs, b. county, regional or state 4-H councils, c. county, regional or state 4 -H committees, d. 4-H leader associations, e. county, regional or state 4-H foundations, and f. authorized 4-H camps and training centers. ENGR. H. A. to ENGR. S. B. NO. 1502 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The exemption provided by this paragraph shall be limited to sales for the purpose of raising funds for the benefit of such organizations. Sale Sales of tangible personal property exempted by this paragraph shall include sale sales of admission tickets; 15. The first Seventy -five Thousand Dollars ($75,000.00) each year from sale sales of tickets and concessions at athletic e vents by each organization exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(4); 16. Sales of tangible personal property or services to any person with whom the Oklahoma Tourism and Recreation Departme nt has entered into a public contract and which is necessary for carrying out such contract to assi st the Department in the development and production of advertising, promotion, publicity and public relations programs; 17. Sales of tangible personal prope rty or services to fire departments organized pu rsuant to Section 592 of Title 18 of the Oklahoma Statutes which items are to be used for the purposes of the fire department. Any person making purc hases on behalf of any such fire department shall certify, in writing, on the copy of the invoice or sales ticket provide documentation to be retained by the vendor that the purchases are made for and on behalf of such fire department and set out the name of such fire department. Any person who wrongfully or err oneously certifies that the purchases are for any such fire department or who otherwise violates th e provisions of ENGR. H. A. to ENGR. S. B. NO. 1502 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this section shall be deemed guilty of a misdemeanor and , upon conviction thereof, s hall be fined an amount equal to double the amount of sales tax involved or incarcerated for not more than sixty (60) days, or both; 18. Complimentary or fr ee tickets for admission to places of amusement, sports, entertainment, exhibition, display or othe r recreational events or activities which are issued throu gh a box office or other entity which is operate d by a state institution of higher education with i nstitutional employees or by a municipality with municipal employees; 19. The first Fifteen Thousa nd Dollars ($15,000.00) each year from sales of tangible p ersonal property by fire departments organized pursuant to Titles 11, 18, or 19 of the Oklahoma Sta tutes for the purposes of raising funds for the benefit of the fire department. Fire departments s elling tangible personal property for the purposes of rais ing funds shall be limited to no more than six (6) days each year to raise such funds in order to r eceive the exemption granted by this paragraph; 20. Sales of tangible personal property or service s to any Boys & Girls Clubs of America affiliate in this s tate which is not affiliated with the Salvation Army and which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); ENGR. H. A. to ENGR. S. B. NO. 1502 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 21. Sales of tangible p ersonal property or services to any organization, which ta kes court-adjudicated juveniles for purposes of rehabilitation, and which is exempt from taxation p ursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), provided that at least fifty percent (50%) of the juveniles served by s uch organization are court adjudicated and the organization receives state funds in an amount less than ten percent (10%) of the annual budget of the organization; 22. Sales of tangible personal pr operty or services to: a. any health center as defined in Section 254b of Title 42 of the United States Co de, b. any clinic receiving disbursements of state monies from the Indigent Health Care Revolving Fund pursuant to the provisions of Section 66 of Tit le 56 of the Oklahoma Statutes, c. any community-based health center which meets all of the following criteria: (1) provides primary care services at no cost to the recipient, and (2) is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) , and d. any community mental health center as d efined in Section 3-302 of Title 43A of the Oklahom a Statutes; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. Dues or fees, including free or complimentary dues or fees which have a value equiv alent to the charge that could have otherwise been made, to YMCAs, YWCAs or municipally-owned municipally owned recreation centers for the use of facilities and programs; 24. The first Fifteen Thousand Dollars ($15,000.00) each year from sales of tangible personal property or services to or by a cultural organization established to sponsor and promote educational, charitable a nd cultural events for disadvantaged children, and which organization is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); 25. Sales of tangible pers onal property or services to museums or other entities which have been accredited by the American Association Alliance of Museums. Any person making purchases on behalf of any such museum or other entity shall certify, in writing, on the copy of the invoi ce or sales ticket provide documentation to be retained by the vendor that the purchases are made f or and on behalf of such museum or other entity and set out the name of such museum or other entity . Any person who wrongfully or erroneously certifies that the purchases are for any such museum or other entity or who otherwise violates the provisions of this paragraph shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount equal to double the amount of sales tax involve d ENGR. H. A. to ENGR. S. B. NO. 1502 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or incarcerated for not more than sixty (60) d ays, or by both such fine and incarceration; 26. Sales of tickets for admission by any museum accredited by the American Association Alliance of Museums. In order to be eligible for the exemption provided b y this paragraph, an amount equivalent to the am ount of the tax which would otherwise be required to be collected pursuant to the provisions of Section 1350 et seq. of this title shall be separately stated on the admission ticket and shall be collected and used for the sole purpose of servicing or aiding in the servicing of debt incurred by the museum to effect the construction, enlarging or renovation of any facility to be used for entertainment, ed ification or cultural cultivation to which entry is gained with a paid admission ticket; 27. Sales of tangible personal property or services occurring on or after June 1, 1995, to children ’s homes which are supported or sponsored by one or more churches, members of which serve as trustees of the home; 28. Sales of tangible personal property or services to th e organization known as the Disabled American Veter ans, Department of Oklahoma, Inc., and subordinate chapters thereof; 29. Sales of tangible persona l property or services to youth camps which are supported or sponsored by one or more churches, members of which serve as trustees of the organization; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 30. a. Until July 1, 2022, transfer of tangible personal property made pursuant to Section 3226 of Title 63 of the Oklahoma Statutes by the University Hospitals Trust, and b. Effective July 1, 2022, transfer of tangible personal property or services to or by: (1) the University Hospitals Trust created pursuant to Section 3224 of Title 63 of the Oklahoma Statutes, or (2) nonprofit entities which are exempt from taxa tion pursuant to the provisions of the Internal Revenue Code of the United States, 26 U.S.C., Section 501(c)(3), which have entered into a joint operating agreement with the University Hospitals Trust; 31. Sales of tangible personal property or services t o a municipality, county or school district purs uant to a lease or lease-purchase agreement execute d between the vendor and a municipality, county or school district. A copy of the lease or lease-purchase agreement shall be retained by the vendor; 32. Sales of tangible personal property or services to any spaceport user, as defined in the Oklahoma Space Industry Development Act; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 33. The sale, use, storage, consumption or distribution in this state, whether by the importer, exporter or another person, of any satellite or any associated launch vehicle i ncluding components of, and parts and motors for, a ny such satellite or launch vehicle, imported or caused to be imported into this state for the purp ose of export by means of launching into space. This exem ption provided by this paragraph shall not be af fected by: a. the destruction in whole or in part o f the satellite or launch vehicle, b. the failure of a launch to occur or be successful, or c. the absence of any transfer or title to, or possession of, the satellite or launch vehicle after launch; 34. The sale, lease, use, storage, consumption or distr ibution in this state of any space facility, space propulsion system or space vehicle, satellite or station of any kind possessing space flight capacity incl uding components thereof; 35. The sale, lease, use, storage, consumption or distribution in this state of tangible personal property, placed on or used aboard any space facility, space propulsion s ystem or space vehicle, satellite, or station possessing s pace flight capacity, which is launched into space, irrespective of whether such tangible property is returned to this state for subsequent use, storage, or consumption in any manner; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 36. The sale, lease, use, storage, consumption or distribution in this state of tangible personal property meeting the definition of “section 38 property” as defined in Sections 48(a)(1)(A) and (B)(i) of the Internal Revenue Code of 1986, that is an integral part of and used primarily in support of space flight; however, section 38 property used in support of space flight shall not include general office equipment, any boa t, mobile home, motor vehicle or other vehicle of a class or type required to be registered, licensed, titled or documented in this state or by the United States government, or any other property not speci fically suited to supporting space activity. The t erm “in support of space flight”, for purposes of this paragraph, means the altering, monitoring, controlling, regulating, adjusting, servicing or repairing of any space facility, space propulsion systems or space vehicle, satellite or station possessing s pace flight capacity including the components thereof; 37. The purchase or lease of machinery and equipment for use at a fixed location in this state, which is used exclusively in the manufacturing, proce ssing, compounding or producing of any space facility, space propulsion system or space vehicle, satellite or station of any kind possessing space fli ght capacity. Provided, the exemption provided for in thi s paragraph shall not be allowed unless the purchaser or lessee signs an affidavit stating that the item or items to be exempted are for the exclusive use designated herein. ENGR. H. A. to ENGR. S. B. NO. 1502 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Any person furnishing a false affidavit to the vendor for the purpose of evading payment of any tax imposed by Section 1354 of this title shall be subject to the penalties provided by law. As used in this paragraph, “machinery and equipment ” means “section 38 property” as defined in Sections 48(a)(1)(A) and (B)(i) of the Internal Revenue Code of 1986, which is used as an integral p art of the manufacturing, processing, compounding o r producing of items of tangible personal property. Such term includes parts and accessories only to the extent that the exemption thereof is consistent with the provisions of this paragraph; 38. The amount of a surcharge or any other amount which is separately stated on an admission ticket which is imposed, collected and used for the sole purpose of constructing, remodeling or enlarging facilities of a publ ic trust having a municipality or county as its sole beneficiary; 39. Sales of tangible personal p roperty or services which are directly used in or for the benefit of a state park in this state, which are made to an organization which is exempt from taxat ion pursuant to the provisions of the Internal R evenue Code, 26 U.S.C., Section 501(c)(3) and which is organized primarily for the purpose of supporting one or more state parks located in this state ; 40. The sale, lease or use of parking privileges by an institution of The Oklahoma State System of High er Education; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 41. Sales of tangible personal prope rty or services for use on campus or school construction projects for the benefit of institutions of The Oklahoma State System of Higher Education, private institutions of higher education accredited by th e Oklahoma State Regents for Higher Education or an y public school or school district when such projects are financed by or through the use of nonprofit entities which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S .C., Section 501(c)(3); 42. Sales of tangible pers onal property or services by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), in the course of conducting a national cham pionship sports event, but only if all or a portion of the payment in exchange therefor would qualify as the receipt of a qualified sponsorship payment described in Internal Revenue Code, 26 U.S.C., Section 513(i). Sales exempted pursuant to this paragrap h shall be exempt from all Oklahoma sales, use, exc ise and gross receipts taxes; 43. Sales of tangible personal property or services to or by an organization which: a. is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S .C., Section 501(c)(3), ENGR. H. A. to ENGR. S. B. NO. 1502 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. is affiliated with a com prehensive university within The Oklahoma State System of Higher Education, and c. has been organized primarily for the purpose of providing education and te acher training and conducting events relating to robotics; 44. The first Fifteen Thousand Dollars ($15,000.00) each year from sales of tangible personal property to or by youth athletic teams which are part of an athletic organization exempt from taxation pursuant to the provisions of the Internal Reve nue Code, 26 U.S.C., Section 501(c)(4), for the pur poses of raising funds for the benefit of the team; 45. Sales of tickets for admission to a colleg iate athletic event that is held in a facility owned or op erated by a municipality or a public trust of wh ich the municipality is the sole beneficiary and that actually determines or is part of a tournament or tournament process for determining a conferenc e tournament championship, a conference championship, or a national championship; 46. Sales of tangible p ersonal property or services to or by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C. , Section 501(c)(3) and is operating the Oklahoma City Nat ional Memorial and Museum, an affiliate of the N ational Park System; 47. Sales of tangible persona l property or services to organizations which are exempt from federal taxation pursuant to the ENGR. H. A. to ENGR. S. B. NO. 1502 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), the memberships of which are limited to honorably discharged veterans, and which furnish financial support to area veterans’ organizations to be used for the purpose of constructing a memorial or museum; 48. Sales of tangible personal property or services on or after January 1, 2003, to an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) tha t is expending monies received from a private foundation grant in conjunction with expenditures of local s ales tax revenue to construct a local public library; 49. Sales of tangible personal property or services to a state that borders this state or any p olitical subdivision of that state, but only to the extent that the other state or political subdivision exempts or does not impose a tax on similar sales of items to this state or a political subdivision of this state; 50. Effective July 1, 2005, sales o f tangible personal property or services to the Career Tec hnology Student Organizations under the direction and supervision of the Oklahoma Department of Car eer and Technology Education; 51. Sales of tangible personal property to a public trust having either a single city, town or county or multiple cities, towns or counties or combination thereof as benefici ary or beneficiaries or a nonprofit organization wh ich is exempt from ENGR. H. A. to ENGR. S. B. NO. 1502 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) for the purpose of constructing improvements to or expanding a hospital or nursing home own ed and operated by any such public trust or nonprof it entity prior to July 1, 2008, in counties with a population of less than one hundred thousand (100,000) persons, according to the most recent Federal Decennial Census. As used in this paragraph, “constructing improvements to or expanding” shall not mean any expense for routine maintenance or general repairs and shall require a project cost of at least One Hundred Thousand Dollars ($100,000.00). For purpos es of this paragraph, sales made to a contractor or subcontractor that enters into a contractual re lationship with a public trust or nonprofit entity as described by this paragraph shall be consider ed sales made to the public trust or nonprofit entity. Th e exemption authorized by this paragraph shall b e administered in the form of a refund from the sales tax revenues apportioned pursuant to Section 1353 of this title and the vendor shall be required to collect the sales tax otherwise applicable to the tran saction. The purchaser may apply for a refund o f the sales tax paid in the manner prescribed by this paragraph. Within thirty (30) days after the end of each fiscal year, any purchaser that is ent itled to make application for a refund based upon the exem pt treatment authorized by this paragraph may fi le an application for refund of the sales taxes paid during such preceding fiscal year. The Oklahoma Tax ENGR. H. A. to ENGR. S. B. NO. 1502 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission shall prescribe a form for purpos es of making the application for refund. The Tax Commissi on shall determine whether or not the total amou nt of sales tax exemptions claimed by all purchasers is equal to or less than Six Hundred Fifty Thousand Dollars ($650,000.00). If such claims are le ss than or equal to that amount, the Tax Commission shall make refunds to the purchasers in the full amount of the documented and verified sales tax amounts. If such claims by all purchasers are in excess of Six Hundred Fifty Thousand Dollars ($650,000.00 ), the Tax Commission shall determine the amount of each p urchaser’s claim, the total amount of all claims by all purchasers, and the percentage each purchas er’s claim amount bears to the total. The resulting percentage determined for each purchaser shall be multiplied by Six Hundred Fifty Thousand Dollars ($650,000.00) to determine the amount of refundable s ales tax to be paid to each purchaser. The pro rat a refund amount shall be the only method to recover sales taxes paid during the preceding fiscal year and no balance of any sales taxes paid on a pro rata ba sis shall be the subject of any subsequent refun d claim pursuant to this paragraph; 52. Effective July 1, 2006, sales of tangible personal property or services to any organization which assists, tr ains, educates, and provides housing for physically and me ntally handicapped persons and which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and that ENGR. H. A. to ENGR. S. B. NO. 1502 Page 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 receives at least eighty -five percent (85%) of its annual budget from state or federal funds. In or der to receive the benefit of the exemption authorized by this paragraph, the taxpayer shall be required to make payment of the applicable sales tax at the time of sale to the vendor in the manner o therwise required by law. Notwithstanding any other provi sion of the Oklahoma Uniform Tax Procedure Code to the contrary, the taxpayer shall be authorized t o file a claim for refund of sales taxes paid that qualify for the exemption authorized by this par agraph for a period of one (1) year after the date of the sale transaction. The taxpayer shall be required to provide documentation as may be prescribed by the Oklahoma Tax Commission in support of the refund claim. The total amount of sales tax qualifyi ng for exempt treatment pursuant to this paragraph shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00) each fiscal year. Claims for ref und shall be processed in the order in which such claims are received by the Oklahoma Tax Commissio n. If a claim otherwise timely filed exceeds the total amount of refunds payable for a fiscal year, such claim shall be barred; 53. The first Two Thousand Dollars ($2,000.00) each year of sales of tangible personal property or services to, by, or for the benefit of a qualified neighborhood watch organization th at is endorsed or supported by or working direct ly with a law enforcement agency with jurisdiction in the area in which the neighborhood watch ENGR. H. A. to ENGR. S. B. NO. 1502 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 organization is located. As used in this paragraph, “qualified neighborhood watch organization ” means an organization that is a not-for-profit corporation under the laws of the State of Oklahoma this state that was created to help prevent criminal activity in an area through community involvement and interact ion with local law enforcement and which is one of the fir st two thousand organizations which makes application to the Oklahoma Tax Commission for the exemption after March 29, 2006; 54. Sales of tangible personal property to a nonprofit organization, exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), o rganized primarily for the purpose of providing ser vices to homeless persons during the day and located in a metropolitan area with a population in excess of five hundred thousand (500,000) persons according to the latest Federal Decennial Census. The exe mption authorized by this paragraph shall be applic able to sales of tangible personal property to a qualified entity occurring on or after January 1, 2005; 55. Sales of tangible personal property or services to or by an organization which is exempt from t axation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) for events the principal purpose of which is to provide funding for the preservation of wetlands and habitat for w ild ducks; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 56. Sales of tangible personal prope rty or services to or by an organization which is e xempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) for events the principal purpose of which is to pro vide funding for the preservation and conservati on of wild turkeys; 57. Sales of tangible personal property or services to an organization which: a. is exempt from taxation pursuant to the provisio ns of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and b. is part of a network of community -based, autonomous member organizations that meets the following criteria: (1) serves people with workplace disadvantages and disabilities by providing j ob training and employment services, as well as job placem ent opportunities and post-employment support, (2) has locations in the United States and at least twenty other countries, (3) collects donated clothing and household goods to sell in retail stores and provides contract labor services to business and gover nment, and (4) provides documentation to the Okl ahoma Tax Commission that over seventy-five percent (75%) ENGR. H. A. to ENGR. S. B. NO. 1502 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of its revenues are channeled into employment, job training and placement programs and other critical community services; 58. Sales of tickets made o n or after September 21, 2005, and complimentary or free tickets for admission issued on or after September 21, 2005, which have a value equivalent to the charge that would have otherwise been made, for admission to a professional athletic event in which a team in the National Basketball Association is a participant, which is held in a facility owned or operated by a municipality, a county or a public trust of which a municipality or a county is the sole beneficiary, and sales of tickets made on or after Ju ly 1, 2007, and complimentary or free tickets for admission issued on or after July 1, 2007, which have a value equivalent to the charge that would have otherwise been made, for admission to a profe ssional athletic event in which a team in the National Hockey League is a participant, which is held in a facility owned or operated by a municipality, a cou nty or a public trust of which a municipality or a county is the sole beneficiary; 59. Sales of tickets for admission and complimentary or free tickets for admission which have a value equivalent to the c harge that would have otherwise been made to a professional sporting event involving ice hockey, baseball, basketball, football or arena football, or soccer. As used in this paragraph, “professional sporting event” means an organized athletic competition between ENGR. H. A. to ENGR. S. B. NO. 1502 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 teams that are members of an organized leag ue or association with centralized management, other than a national league or national association, that imposes requirements for participation in the league upon the teams, the individual athletes or bot h, and which uses a salary structure to compensate the athletes; 60. Sales of tickets for admission to an annual event sponsored by an educational an d charitable organization of women which is exempt from taxation pursuant to the provisions of the Interna l Revenue Code, 26 U.S.C., Section 501(c)(3) and ha s as its mission promoting volunteerism, developing the potential of women and improving the commun ity through the effective action and leadership of trained volunteers; 61. Sales of tangible personal pro perty or services to an organization, which is exem pt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which is itself a member of an organization which is exempt from taxation pursuant to the provisi ons of the Internal Revenue Code, 26 U.S.C., Sectio n 501(c)(3), if the membership organization is primarily engaged in advancing the purposes of its member organizations through fundraising, public awareness or other efforts for the benefit of its member o rganizations, and if the member organization is primarily engaged either in providing educational services and programs concerning health -related diseases and conditions to individuals suffering from such hea lth-related ENGR. H. A. to ENGR. S. B. NO. 1502 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 diseases and conditions or their car egivers and family members or support to such indiv iduals, or in health-related research as to such diseases and conditions, or both. In order to qua lify for the exemption authorized by this paragraph, the m ember nonprofit organization shall be required t o provide proof to the Oklahoma Tax Commission of its membership status in the membership organization; 62. Sales of tangible personal property or se rvices to or by an organization which is part of a nationa l volunteer women’s service organization dedicat ed to promoting patriotism, preserving American history and securing better education for children and which has at least 168,000 members in 3,000 cha pters across the United States; 63. Sales of tangible per sonal property or services to or by a YWCA or YMCA organization which is part of a national nonprof it community service organization working to meet the health and social service needs of its member s across the United States; 64. Sales of tangible persona l property or services to or by a veteran’s organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and which is known as th e Veterans of Foreign Wars of the United States, Oklahoma Chapters Department of Oklahoma; 65. Sales of boxes of food by a church or by an organization, which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Sect ion 501(c)(3). To qualify under the provisions of this pa ragraph, the organization must be ENGR. H. A. to ENGR. S. B. NO. 1502 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 organized for the primary purpose of feeding needy individuals or to encourage volunteer service by requiring such service in order to purchase food. These boxes s hall only contain edible staple food items; 66. Sales of tangible personal property or services to any person with whom a church has duly entered into a con struction contract, necessary for carrying out such contract or to any subcontractor to such a cons truction contract; 67. Sales of tangible personal propert y or services used exclusively for charitable or educational purposes, to or by an organization which: a. is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), b. has filed a Not-for-Profit Certificate of Incorporation in this state, and c. is organized for the purpose of: (1) providing training a nd education to developmentally disabled individuals, (2) educating the community about the rights, abilities and strengths of developmentally disabled individuals, and ENGR. H. A. to ENGR. S. B. NO. 1502 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) promoting unity among developmen tally disabled individuals in their community and g eographic area; 68. Sales of tangible personal property or services to any organization which is a shelter for abused, neglected, or abandoned children and which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., S ection 501(c)(3); provided, until July 1, 2008, such exemption shall apply only to eligible shelter s for children from birth to age twelve (12) and after July 1, 2008, such exemption shall apply to eligibl e shelters for children from birth to age eighteen (18); 69. Sales of tangible personal property or services to a child care center which is licensed pursuant to the Oklahoma Child Care Facilities Licensing Act and which: a. possesses a 3-star rating from the Department of Human Services Reaching for the Stars Program or a national accreditation, and b. allows on-site universal prekindergarten educatio n to be provided to four-year-old children through a contractual agreement with any public school or schoo l district. For the purposes of this paragraph, sal es made to any person, firm, agency or entity that has entered previously into a contractual relationship with a child care center for construction ENGR. H. A. to ENGR. S. B. NO. 1502 Page 32 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 improvement of buildings and other structures owned b y the child care center and operated for educationa l purposes shall be considered sales made to a child care center. Any such person, firm, agency or entity making purchases on behalf of a child care center shall certify, in writing, on the copy of the in voice or sales ticket provide documentatio n as to the nature of the purchase. Any such person, or person acting on behalf of a firm, agency or entity making purchases on behalf of a child care center in violation of this paragraph shall be guilty of a mis demeanor and upon conviction thereof shall be fined an amount equal to double the amount of sales tax involved or incarcerated for not more than sixty (60) days or both; 70. a. Sales of tangible personal prop erty to a service organization of mothers who ha ve children who are serving or who have served in t he military, which service organization is exempt from taxation pursuant to the provisions of the I nternal Revenue Code, 26 U.S.C., Section 501(c)(19) and wh ich is known as the Blue Star Mothers of America , Inc. The exemption provided by this paragraph sh all only apply to the purchase of tangible personal property actually sent to United States militar y personnel overseas who are serving in a combat zone and not to any other tangible personal property purc hased by the organization. ENGR. H. A. to ENGR. S. B. NO. 1502 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Provided, this exemptio n shall not apply to any sales tax levied by a city, town, county, or any other jurisdiction in this state. b. The exemption authorized by this paragraph sha ll be administered in the form of a refund from the sales tax revenues apportioned pursuant to Sect ion 1353 of this title, and the vendor shall be required to collect the sales tax otherwise applica ble to the transaction. The purchaser may apply for a ref und of the state sales tax paid in the manner pr escribed by this paragraph. Within sixty (60) days after the end of each calendar quarter, any purchaser that is entitled to make application for a r efund based upon the exempt treatment authorized by this p aragraph may file an application for refund of t he state sales taxes paid during such preceding cal endar quarter. The Tax Commission shall prescribe a form for purposes of making the application fo r refund. c. A purchaser who applies for a refund pursuant to this paragraph shall certify that the items were actually sent to military personnel overseas i n a combat zone. Any purchaser that applies for a refund for the purchase of items that are not au thorized for exemption under this paragraph shall be subje ct to a ENGR. H. A. to ENGR. S. B. NO. 1502 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 penalty in the amount of Five Hundred Do llars ($500.00); 71. Sales of food and snack items to or by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), whose primary and principal purpose is providing funding for s cholarships in the medical field; 72. Sales of tangible personal property or services for use solely on construction projects for organizations which are exempt from taxation pursuant to the provisions of th e Internal Revenue Code, 26 U.S.C., Section 501( c)(3) and whose purpose is providing end-of-life care and access to hospice services to low -income individuals who live in a facility owned by the org anization. The exemption provided by this paragraph appli es to sales to the organization as well as to sa les to any person with whom the organization has duly entered into a construction contract, necessary for carrying out such contract or to any subcont ractor to such a construction contract. Any person making purchases on behalf of such organization shall certify, in writing, on the copy of the invoice or sales ticket provide documentation to be retained by the vendor that the purchases are made for and on behalf of such organization and set out the name of su ch organization. Any person who wrongfully or erroneously certifies that purchases are for any of the above-named organizations or who otherwise violates this ENGR. H. A. to ENGR. S. B. NO. 1502 Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 section shall be guilty of a misdemean or and upon conviction thereof shall be fined an amount eq ual to double the amount of sales tax involved or incarcerated for not more than sixty (60) days or both; 73. Sales of tickets for admission to events held by organizations exempt from taxation pur suant to the provisions of the Internal Revenue Code, 26 U .S.C., Section 501(c)(3) that are organized for the purpose of supporting general hospitals license d by the State Department of Health; 74. Sales of tangible personal property or services: a. to a foundation which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and which raises tax- deductible contributions in support of a wide range of firearms-related public interest activities of the National Rifle Association of America and other organizations that defend and foster Second Amendment rights, and b. to or by a grassroots fundraising program for sales related to events to raise funds for a foundation meeting the qualifications of subparagr aph a of this paragraph; 75. Sales by an organization or entity which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) which are related to a fundraising event ENGR. H. A. to ENGR. S. B. NO. 1502 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sponsored by the organization or e ntity when the event does not exceed any five (5) consecut ive days and when the sales are not in the organization’s or the entity’s regular course of busines s. Provided, the exemption provided in this paragraph shall be limited to tickets sold for admitta nce to the fundraising event and items which were donated to the organization or entity for sale at the event; 76. Effective November 1, 2017, sales of tang ible personal property or services to an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and operates as a collaborative mod el which connects community agencies in one locatio n to serve individuals and families affected by violence and where victims have access to services and advocacy at no cost to the victim; 77. Effective July 1, 2018, sales of tangible personal property or services to or by an association which is exempt f rom taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and which is known as the National Guard Association of Oklahoma; 78. Effective July 1, 2018, sales of t angible personal property or services to or by an a ssociation which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 2 6 U.S.C., Section 501(c)(4) and which is known as the Mari ne Corps League Department of Oklahoma; ENGR. H. A. to ENGR. S. B. NO. 1502 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 79. Sales of tangible personal property or services to the American Legion, whether the purchase is made by the entity chartered by the United States Congres s or is an entity organized under the laws of this or anot her state pursuant to the authority of the national American Legion organization; 80. Sales of tangible personal property or services to or by an organization which is: a. exempt from taxation purs uant to the provisions of the Internal Revenue Code, 26 U. S.C., Section 501(c)(3), b. verified with a lett er from the MIT Fab Foundation as an official member of the Fab Lab Network in compliance with the Fab Charter, and c. able to provide documentation t hat its primary and principal purpose is to provide commun ity access to advanced 21st century manufacturin g and digital fabrication tools for science, techno logy, engineering, art and math (STEAM) learning skills, developing inventions, creating and sustai ning businesses and producing personalized products; 81. Effective November 1, 2021, sales of tangible pe rsonal property or services used solely for constru ction and remodeling projects to an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which meets the following requireme nts: ENGR. H. A. to ENGR. S. B. NO. 1502 Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. its primary purpose is to construct or remo del and sell affordable housing and provide homeownership education to residents of Oklahoma that h ave an income that is below one hundred percent (100%) of the Family Median Income guidelines as defined b y the U.S. Department of Housing and Urban Developm ent, b. it conducts its activities in a manner that serves public or charitable purposes, rather th an commercial purposes, c. it receives funding and revenue and charges fees in a manner that does not ince ntivize it or its employees to act other than in th e best interests of its clients, and d. it compensates its employees in a manner that does not incentivize employees to act other than in the best interests of its clients; 82. Effective November 1, 2021, sales of tangible personal property or services to a nonprofit entity, organized pursuant to Oklahoma law before January 1, 2022, exempt from federal income taxation pursuant to Section 501(c) of the Interna l Revenue Code of 1986, as amended, the principa l functions of which are to provide assistance to natural persons following a disaster, with program emphasis on repair or restoration to single -family residential dwellings or the construction of a replaceme nt single-family ENGR. H. A. to ENGR. S. B. NO. 1502 Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 residential dwelling. As used in this paragraph, “disaster” means damage to property with or without accompanying injury to persons from heavy rain, high winds, tornadic winds, dro ught, wildfire, snow, ice, geologic disturbances, explosio ns, chemical accidents or spills and other event s causing damage to property on a large scale. For purposes of this paragraph, an entity that expended at least seventy-five percent (75%) of its fun ds on the restoration to single-family housing following a disaster including related general and administrative expenses, shall be eligible for the exemptio n authorized by this paragraph; 83. Effective November 1, 2021, through December 31, 2024, sales of tangible personal property or services to a museum that: a. operates as a part of an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), b. is not accredited by the American Al liance of Museums, and c. operates on an annual budget of less than One Million Dollars ($1,000,000.00); 84. Until July 1, 2022, sales of tangible personal property or services for use in a clinical practice or medical facility operated by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code of the United State s, 26 U.S.C., Section 501(c)(3), and which has ente red into a joint ENGR. H. A. to ENGR. S. B. NO. 1502 Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 operating agreement with the University Hospitals Trust created pursuant to Section 3224 of Title 63 of the Oklahoma Statutes. The exemption provided by this paragraph shall be limited to the purchase of tangible personal property and ser vices for use in clinical practices or medical facilities acquired or leased by the organization from the University Hospitals Authority, University Hospitals Trust, or the University of Oklahoma on or aft er June 1, 2021; and 85. Sales of tangible persona l property or services to a nonprofit entity, organized pursuant to Oklahoma law before January 1, 2019, exempt from federal income taxation pursuant to Sect ion 501(c) of the Internal Revenue Code of 1986, as amended, the principal functions of which are t o provide assistance to natural persons following a disaster, with program emphasis on repair or restoration to single-family residential dwellings or the construction of a replacement single -family residential dwelling. For purposes of this paragraph, an entity operated exclusively for charitable and educational purposes through the coordination of volunteers for the disaster recovery of homes (as derived fr om Part III, Statement of Program Services, of I nternal Revenue Service Form 990) and offers its se rvices free of charge to disaster survivors statewide who are low income with no or limited means o f recovery on their own for the restoration to single -family housing following a disaster, including related general and administrative expenses, ENGR. H. A. to ENGR. S. B. NO. 1502 Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be eligible for the exemption authorized by this paragraph. The exemption provided by this paragraph sha ll only be applicable to sales made on or after the effective date of this act. As used in this paragraph, “disaster” means damage to property with or witho ut accompanying injury to persons from heavy rain, high winds, tornadic winds, drought, wildfire, s now, ice, geologic disturbances, explosions, chemical acci dents or spills and other events causing damage to property on a large scale. SECTION 2. This act shall become effective November 1, 2024. " Passed the House of Representatives the 25th day of April, 2024. Presiding Officer of the House of Representatives Passed the Senate the ____ day of __________, 2024. Presiding Officer of the Senate ENGR. S. B. NO. 1502 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 ENGROSSED SENATE BILL NO. 1502 By: Rader and Rogers of the Senate and Fetgatter of the House An Act relating to sales tax; amending 68 O.S. 2021, Section 1356, as last amended by Section 1, Chapter 394, O.S.L. 2022 (68 O.S. Supp. 2023, Section 13 56), which relates to sales tax exemption; providing exemption to entities in connection with the performance of a contract with an exempt entity for construction or expansion of a buildin g or facility; updating statutory language; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 3. AMENDATORY 68 O.S. 2021, Section 1356, as last amended by Section 1, Chapter 394, O.S .L. 2022 (68 O.S. Supp. 2023, Section 1356), is amended to read as f ollows: Section 1356. Exemptions - Governmental and nonprofit entities. There are hereby specifically exempted from the tax levied by Section 1350 et seq. of this title: A. Sales made to a contractor or subcontractor that has entered into a contractual r elationship with an entity exempted pursuant to subsection B of this section for construction or expansion of a building or facility shall be considered sales made to the exempt entity; ENGR. S. B. NO. 1502 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 B. 1. Sale Sales of tangible personal property or services to the United States government or to the State of Oklahoma, any political subdivision of this state or any agency of a political subdivision of this state ; provided, all sales to contractors in connection with the performance of any contract with the United States government, State of Oklahoma or any of its political subdivisions shall not be exempted from the tax levied by Section 1350 et seq. of this title, except as hereinafter provided; 2. Sales of property to agents appointed by or under contract with agencies or instrumentalities of the United States government if ownership and possession of such property transfers immediately to the United States government; 3. Sales of property to agents a ppointed by or under contract with a political subdivision of this s tate if the sale of such property is associated with the development of a qualified federal facility, as provided in the Oklahoma Federal Facilities Development Act, and if ownership and p ossession of such property transfers immediately to the political su bdivision or the state; 4. Sales made directly by county, district or state fair authorities of this state, upon the premises of the fair authority, for the sole benefit of the fair autho rity or sales of admission tickets to such fairs or fair events at a ny location in the state authorized by county, district or state fair authorities; provided, the exemption provided by this paragraph for admission tickets to ENGR. S. B. NO. 1502 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 fair events shall apply only to any portion of the admission price that is retained by or distrib uted to the fair authority. As used in this paragraph, “fair event” shall be limited to an event held on the premises of the fair authority in conjunction with and during the time period of a county, district or state fair; 5. Sale Sales of food in cafeterias or lunchrooms of elementary schools, high schools, colleges or universities which are operated primarily for teachers and pupils and are not operated primarily for the public or for profit; 6. Dues paid to fraternal, religious, civic, charitable or educational societies or organizations by regular members thereof, provided, such societies or organizations operate under what is commonly termed the lodge plan or system, and provided su ch societies or organizations do not operate for a profit which inur es to the benefit of any individual member or members thereof to the exclusion of other members and dues paid monthly or annually to privately owned scientific and educational libraries by members sharing the use of services rendered by such libraries with students interested in the study of geology, petroleum engineering or related subjects; 7. Sale Sales of tangible personal property or services to or by churches, except sales made in th e course of business for profit or savings, competing with other per sons engaged in the same or a similar business or sale sales of tangible personal property or ENGR. S. B. NO. 1502 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 services by an organization exempt from federal income tax pursuant to Section 501(c)(3) of th e Internal Revenue Code of 1986, as amended, made on behalf of or at the request of a church or churches if the sale of such property is conducted not more than once each calendar year for a period not to exceed three (3) days by the organization and proce eds from the sale of such property are used by the church or churche s or by the organization for charitable purposes; 8. The amount of proceeds received from the sale sales of admission tickets which is separately stated on the ticket of admission for the repayment of money borrowed by any accredited state-supported college or university or any public trust of which a county in this state is the beneficiary, for the purpose of constructing or enlarging any facility to be used for the staging of an athletic event, a theatrical production, or any other form of entertainment, edification or cultural cultivation to which entry is gained with a paid admission ticket. Such facilities include, but are not limited to, athletic fields, athletic stadiums, field houses, amphitheaters and theaters. To be eligible for this sales tax exemption, the amount separately stated on the admission ticket shall be a surcharge which is imposed, collected and used for the sole purpose of servicing or aiding in the servicing of deb t incurred by the college or university to effect the capital improvements hereinbefore described; ENGR. S. B. NO. 1502 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 9. Sales of tangible personal property or services to the council organizations or similar state supervisory organizations of the Boy Scouts of America, Gir l Scouts of the U.S.A. and Camp Fire USA; 10. Sale Sales of tangible personal property or services to any county, municipality, rural water district, public school district, city-county library system, the institutions of The Oklahoma State System of Higher Education, the Grand River Dam Authority, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Municipal Power Authority, City of Tulsa -Rogers County Port Authority, Muskogee City -County Port Authority, the Oklahoma Department of Veterans Af fairs, the Broken Bow Economic Development Authority, Ardmore Develo pment Authority, Durant Industrial Authority, Oklahoma Ordnance Works Authority, Central Oklahoma Master Conservancy District, Arbuckle Master Conservancy District, Fort Cobb Reservoir Master Conservancy District, Foss Reservoir Master Conservancy District , Mountain Park Master Conservancy District, Waurika Lake Master Conservancy District and the Office of Management and Enterprise Services only when carrying out a public construction contract on behalf of the Oklahoma Department of Veterans Affairs, and e ffective July 1, 2022, the University Hospitals Trust, or to any person with whom any of the above -named subdivisions or agencies of this state has duly entered into a public contract purs uant to law, necessary for carrying out such ENGR. S. B. NO. 1502 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 public contract or to a ny subcontractor to such a public contract. Any person making purchases on behalf of such subdivision or agency of this state shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are made for and on behalf of such subdivision or agency of this state and set out the name of such public subdivision or agency. Any person who wrongfully or erroneously certifies that purchases ar e for any of the above -named subdivisions or agencies of this state or who otherwise violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount equal to double the amount of sales tax involved or incarcerate d for not more than sixty (60) days or both; 11. Sales of tangible personal property or services to private institutions of higher education and private elementary and secondary institutions of education accredited by the State Department of Education or registered by the State Board of Education for purposes of participa ting in federal programs or accredited as defined by the Oklahoma State Regents for Higher Education which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) including materials, supplies and equi pment used in the construction and improvement of buildings and other structures owned by the institutions and operated for educational purposes. ENGR. S. B. NO. 1502 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Any person, firm, agency or entity making purchases on behalf of any institution, agency or subdivision in thi s state, shall certify in writing, on the copy of the invoice or sales ticket the nature of the purchases, and violation of this paragraph shall be a misdemeanor as set forth in paragraph 10 of this section; 12. Tuition and educational fees paid to privat e institutions of higher education and private elementary and secondary institutions of education accredited by the State Department of Education or registered by the State Board of Educat ion for purposes of participating in federal programs or accredited as defined by the Oklahoma State Regents for Higher Education which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); 13. a. Sales of tangible personal property made by: (1) a public school, (2) a private school offering instruction for grade levels kindergarten through twelfth grade, (3) a public school district, (4) a public or private school board, (5) a public or private scho ol student group or organization, (6) a parent-teacher association o r organization other than as specified in subparagraph b of this paragraph, or ENGR. S. B. NO. 1502 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (7) public or private school personnel for purposes of raising funds for the benefit of a public or private school, public school district, public or private school board or pub lic or private school student group or organization, or b. Sales of tangible personal property made by or to nonprofit parent-teacher associations or organizations exempt from taxation pur suant to the provisions of the Internal Revenue Code, 26 U.S.C., Sec tion 501(c)(3), nonprofit local public or private school foundations which solicit money or property in the name of any public or private school or public school district. The exemption provided by this paragraph for sales made by a public or private schoo l shall be limited to those public or private schools accredited by the State Department of Education or registered by the State Board of Education for purposes of participating in federal programs. Sale Sales of tangible personal property in this paragra ph shall include sale sales of admission tickets and concessions at athletic events; 14. Sales of tangible personal property by: a. local 4-H clubs, b. county, regional or state 4 -H councils, c. county, regional or state 4 -H committees, d. 4-H leader associations, ENGR. S. B. NO. 1502 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. county, regional or state 4 -H foundations, and f. authorized 4-H camps and training centers. The exemption provided by this paragraph shall be limited to sales for the purpose of raising funds for the benefit of such organizations. Sale Sales of tangible personal property exempted by this paragraph shall include sale sales of admission tickets; 15. The first Seventy -five Thousand Dollars ($75,000.00) each year from sale sales of tickets and concessions at athletic events by each organization exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(4); 16. Sales of tangible personal property or services to any person with whom the Oklahoma Tourism and Recreation Department has entered into a publi c contract and which is necessary for carrying out such contract to assist the Department in the development and production of advertising, promotion, publicity and public relations programs; 17. Sales of tangible personal property or services to fire departments organized pursuant to Section 592 of Title 18 of the Oklahoma Statutes which items are to be used for the purposes of the fire department. Any person making purchases on behalf o f any such fire department shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are made for and on behalf of such fire department and set out the name of such fire department. Any person wh o wrongfully or ENGR. S. B. NO. 1502 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 erroneously certifies that the purchases are for any such fire department or who otherwise violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined an amount equal to double the amount of sales tax involved or incarcerated for not more than sixty (60) days, or both; 18. Complimentary or free tickets for admission to places of amusement, sports, entertainment, exhibition, display or other recreational events or activities whi ch are issued through a box office or other entity which is operated by a state institution of higher education with institutional employees or by a municipality with municipal employees; 19. The first Fifteen Thousand Dollars ($15,000.00) each year from sales of tangible personal property by fire departments organized pursuant to Titles 11, 18, or 19 of the Oklahoma Statutes for the purposes of raising funds for the benefit of the fire department. Fire departments selling tangible personal property for the purposes of raising funds shall be limited to no more than six (6) days each year to raise such funds in order to receive the exemption granted by this paragraph; 20. Sales of tangible personal property or services to any Boys & Girls Clubs of America affiliate in this state which is not affiliated with the Salvation A rmy and which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); ENGR. S. B. NO. 1502 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 21. Sales of tangible personal property or services to any organization, which takes court -adjudicated juveniles for purposes of rehabilitation, and which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), provided that at least fifty percent (50%) of the juveniles served by such organization are court adjudicated and the organization receives state funds in an amount less than ten percent (10%) of the annual budget of the organization; 22. Sales of tangible personal property or services to: a. any health center as defined in Section 254b of Title 42 of the United States Cod e, b. any clinic receiving disbursements of state monies from the Indigent Health Care Revolving Fund pursuant to the provisions of Section 66 of Title 56 of the Oklahoma Statutes, c. any community-based health center which meets all of the following criteria: (1) provides primary care services at no cost to the recipient, and (2) is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. , Section 501(c)(3), and d. any community mental health center as de fined in Section 3-302 of Title 43A of the Oklahoma Statutes; ENGR. S. B. NO. 1502 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. Dues or fees including free or complimentary dues or fees which have a value equivalent to the charge that could have otherwise been made, to YMCAs, YWCAs or municipally -owned recreation centers for the use of facilities and programs; 24. The first Fifteen Thousand Dollars ($15,000.00) each year from sales of tangible personal property or services to or by a cultural organization established to sponsor and promote educational, charitable an d cultural events for disadvantaged children, and which organization is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); 25. Sales of tangible personal property or services to museums or other entities which have been accredited by the American Association Alliance of Museums. Any person making purchases on behalf of any such museum or other entity shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are made for and on behalf of such museum or other entity and set out the name of such museum or other entity. Any person who wrongfully or erroneously certifies that th e purchases are for any such museum or other entity or who otherwise violates the provisions of this paragraph shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount equal to double the amount of sales tax involved o r incarcerated for ENGR. S. B. NO. 1502 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 not more than sixty (60) days, or by both such fi ne and incarceration; 26. Sales of tickets for admission by any museum accredited by the American Association Alliance of Museums. In order to be eligible for the exemption provided by t his paragraph, an amount equivalent to the amount of the tax which w ould otherwise be required to be collected pursuant to the provisions of Section 1350 et seq. of this title shall be separately stated on the admission ticket and shall be collected and us ed for the sole purpose of servicing or aiding in the servicing of d ebt incurred by the museum to effect the construction, enlarging or renovation of any facility to be used for entertainment, edification or cultural cultivation to which entry is gained wi th a paid admission ticket; 27. Sales of tangible personal property or services occurring on or after June 1, 1995, to children ’s homes which are supported or sponsored by one or more churches, members of which serve as trustees of the home; 28. Sales of tangible personal property or services to the organization known as the Disabled American Veterans , Department of Oklahoma, Inc., and subordinate chapters thereof; 29. Sales of tangible personal property or services to youth camps which are supported or sponsored by one or more churches, members of which serve as trustee s of the organization; ENGR. S. B. NO. 1502 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 30. a. Until July 1, 2022, transfer of tangible personal property made pursuant to Section 3226 of Title 63 of the Oklahoma Statutes by the University Hospitals Trust, and b. Effective July 1, 2022, transfer of tangible personal property or services to or by: (1) the University Hospitals Trust created pursuant to Section 3224 of Title 63 of the Oklahoma Statutes, or (2) nonprofit entities which are exempt from taxatio n pursuant to the provisions of the Internal Revenue Code of the Uni ted States, 26 U.S.C., Section 501(c)(3), which have entered into a joint operating agreement with the University Hospitals Trust; 31. Sales of tangible personal property or services to a municipality, county or school district pursuant to a lease or lease-purchase agreement executed between the vendor and a municipality, county or school district. A copy of the lease or lease-purchase agreement shall be retained by the vendor; 32. Sales of tangible personal property or services to any spaceport user, as defined in the Oklahoma Space Industry Development Act; ENGR. S. B. NO. 1502 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 33. The sale, use, storage, consumption or distribution in this state, whether by the importer, exporter or another person, of any satellite or any associated launch vehicle including components of, and parts and motors for, any such satellite or launch vehicle, imported or caused to be imported into this state for the purpose of export by means of launching into space. This exempti on provided by this paragraph shall not be affected by: a. the destruction in whole or in part of the satellite or launch vehicle, b. the failure of a launch to occur or be successful, or c. the absence of any transfer or title to, or possession of, the satellite or launch vehicle after launch; 34. The sale, lease, use, s torage, consumption or distribution in this state of any space facility, space propulsion system or space vehicle, satellite or station of any kind possessing space flight capacity includi ng components thereof; 35. The sale, lease, use, storage, consumpti on or distribution in this state of tangible personal property, placed on or used aboard any space facility, space propulsion system or space vehicle, satellite, or station possessing spac e flight capacity, which is launched into space, irrespective of whe ther such tangible property is returned to this state for subsequent use, storage, or consumption in any manner; ENGR. S. B. NO. 1502 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 36. The sale, lease, use, storage, consumption or distribution in this state of tangible personal property meeting the definition of “section 38 property” as defined in Sections 48(a)(1)(A) and (B)(i) of the Internal Revenue Code of 1986, that is an integral part of and used primarily in support of space flight; however, section 38 property used in support of space flight shall not include general office equipment, any boat, mobile home, motor vehicle or other vehicle of a class or type required to be registered, licensed, titled or documented in this state or by the United States government, or any other property not specifically suited to supporting space activity. The term “in support of space flight”, for purposes of this paragraph, means the altering, monitoring, controlling, regulating, adjusting, servicing or repairing of any space facility, space propulsion systems or space vehicle, satellite or station possessing space flight capacity including the components thereof; 37. The purchase or lease of machinery and equipment for use at a fixed location in this state, which is used exclusively in the manufacturing, processing, compounding or p roducing of any space facility, space propulsion system or space vehicle, satellite or station of any kind possessing space flight capacity. Provided, the exemption provided for in this p aragraph shall not be allowed unless the purchaser or lessee signs a n affidavit stating that the item or items to be exempted are for the exclusive use designated herein. ENGR. S. B. NO. 1502 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Any person furnishing a false affidavit to the vendor for the purpose of evading pay ment of any tax imposed by Section 1354 of this title shall be subje ct to the penalties provided by law. As used in this paragraph, “machinery and equipment ” means “section 38 property” as defined in Sections 48(a)(1)(A) and (B)(i) of the Internal Revenue Code of 1986, which is used as an integral part of the manufacturing, processing, compounding or producing of items of tangible personal property. Such term includes parts and accessories only to the extent that the exemption thereof is consistent with the provisions of this paragraph; 38. The amount of a surcharge or a ny other amount which is separately stated on an admission ticket which is imposed, collected and used for the sole purpose of constructing, remodeling or enlarging facilities of a public trust having a municipality or county as its sole beneficiary; 39. Sales of tangible personal property or services which are directly used in or for the benefit of a state park in this state, which are made to an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and which is organized primarily for the purpose of supporting one or more state parks located in this state; 40. The sale, lease or use of parking privileges by an institution of The Oklahoma State System of Higher Education; ENGR. S. B. NO. 1502 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 41. Sales of tangible personal property or services for use on campus or school construction projects for the benefit of institutions of The Oklahoma State System of Higher Education, private institutions of higher education accredited by the Oklahoma State Regents for Higher Education or any public school or school district when such projects are financed by or through the use of nonprofit entities which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); 42. Sales of tangible personal property or services by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), in the course of conducting a national championship sports event, but only if all or a portion of the payment in exchange therefor would qualify as the receipt of a qualified sponsorship payment described in Internal Revenue Code, 26 U.S.C., Section 513(i). Sales exempted pursuant to this paragraph shall be exempt from all Oklahoma sales, use, excise and gross receipts taxes; 43. Sales of tangible personal property or services to or by an organization which: a. is exempt from taxation pursuant to the pr ovisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), ENGR. S. B. NO. 1502 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. is affiliated with a comprehensive university within The Oklahoma State System of Higher Education, and c. has been organized primarily for the purpose of providing education and teach er training and conducting events relating to robotics; 44. The first Fifteen Thousand Dollars ($15,000.00) each year from sales of tangible personal property to or by youth athletic teams which are part of an athletic organization exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(4), for the purposes of raising funds for the benefit of the team; 45. Sales of tickets for admission to a collegiate athletic event that is held in a facility owned or opera ted by a municipality or a public trust of which the municipality is the sole beneficiary and that actually determines or is part of a tournament or tournament process for determining a conference tournament championship, a conference championship, or a na tional championship; 46. Sales of tangible personal property or ser vices to or by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and is operating the Oklahoma City Nation al Memorial and Museum, an affiliate of the National Park System; 47. Sales of tangible personal property or services to organizations which are exempt from federal taxation pursuant to the ENGR. S. B. NO. 1502 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), the memberships of which are limited to honorably discharged veterans, and which furnish financial support to area veterans’ organizations to be used for the purpose of constructing a memorial or museum; 48. Sales of tangible pe rsonal property or services on or after January 1, 2003, to an organ ization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) that is expending monies received from a private foundation grant in conjunction with expenditures of local sales tax revenue to construct a local public library; 49. Sales of tangible personal property or services to a state that borders this state or any political subdivision of that state, but only to the extent th at the other state or political subdivision exempts or does not impo se a tax on similar sales of items to this state or a political subdivision of this state; 50. Effective July 1, 2005, sales of tangible personal property or services to the Career Techno logy Student Organizations under the direction and supervision of th e Oklahoma Department of Career and Technology Education; 51. Sales of tangible personal property to a public trust having either a single city, town or county or multiple cities, towns or counties or combination thereof as beneficiary or beneficiaries or a nonprofit organization which is exempt from ENGR. S. B. NO. 1502 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) for the purpose of constructing improvements to or expanding a hospital or nursing home owned and operated by any such public trust or nonprofit entity prior to July 1, 2008, in counties with a population of less than one hundred thousand (100,000) persons, according to the most recent Federal Decennial Census. As used in this paragraph, “constructing improvements to or expanding” shall not mean any expense for routine maintenance or general repairs and shall require a project cost of at least One Hundred Thousand Dollars ($100,000.00). For purposes of this paragraph, sales made to a contractor or subcontractor that enters into a contractual relationship with a public trust or nonprofit entity as described by this paragraph shall be considered sales made to the public trust or nonprofit entity. The e xemption authorized by this paragraph shall be administered in the f orm of a refund from the sales tax revenues apportioned pursuant to Section 1353 of this title and the vendor shall be required to collect the sales tax otherwise applicable to the transac tion. The purchaser may apply for a refund of the sales tax paid in the manner prescribed by this paragraph. Within thirty (30) days after the end of each fiscal year, any purchaser that is entitled to make application for a refund based upon the exempt treatment authorized by this paragraph may file an application for r efund of the sales taxes paid during such preceding fiscal year. The Oklahoma Tax ENGR. S. B. NO. 1502 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission shall prescribe a form for purposes of making the application for refund. The Tax Commission shall determine whether or not the total amount of sales tax exempti ons claimed by all purchasers is equal to or less than Six Hundred Fifty Thousand Dollars ($650,000.00). If such claims are less than or equal to that amount, the Tax Commission shall mak e refunds to the purchasers in the full amount of the documented and verified sales tax amounts. If such claims by all purchasers are in excess of Six Hundred Fifty Thousand Dollars ($650,000.00), the Tax Commission shall determine the amount of each purc haser’s claim, the total amount of all claims by all purchasers, and the percentage each purchaser ’s claim amount bears to the total. The resulting percentage determined for each purchaser shall be multiplied by Six Hundred Fifty Thousand Dollars ($650,000.00) to determine the amount of refundable sales tax to be paid to each purchaser. The pro rata refund amount shall be the only method to recover sales taxes paid during the preceding fiscal year and no balance of any sales taxes paid on a pro rata basis shall be the subject of any subsequent refund claim pursuant to thi s paragraph; 52. Effective July 1, 2006, sales of tangible personal property or services to any organization which assists, trains, educates, and provides housing for physically and menta lly handicapped persons and which is exempt from taxation pursuant t o the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and that ENGR. S. B. NO. 1502 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 receives at least eighty -five percent (85%) of its annual budget from state or federal funds. In order to receive the benefit of the exemption authorized by this paragrap h, the taxpayer shall be required to make payment of the applicable sales tax at the time of sale to the vendor in the manner otherwise required by law. Notwithstanding any other provisio n of the Oklahoma Uniform Tax Procedure Code to the contrary, the ta xpayer shall be authorized to file a claim for refund of sales taxes paid that qualify for the exemption authorized by this paragraph for a period of one (1) year after the date of the sal e transaction. The taxpayer shall be required to provide documentat ion as may be prescribed by the Oklahoma Tax Commission in support of the refund claim. The total amount of sales tax qualifying for exempt treatment pursuant to this paragraph shall not exceed One Hundred Seventy -five Thousand Dollars ($175,000.00) each fiscal year. Claims for refund shall be processed in the order in which such claims are received by the Oklahoma Tax Commission. If a claim otherwise timely filed exceeds the total amount of refunds payable for a fiscal year, such claim shall be barred; 53. The first Two Thousand Dollars ($2,000.00) each year of sales of tangible personal property or services to, by, or for the benefit of a qualified neighborhood watch organization that is endorsed or supported by or working directly with a law enforceme nt agency with jurisdiction in the area in which the neighborhood watch ENGR. S. B. NO. 1502 Page 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 organization is located. As used in this paragraph, “qualified neighborhood watch organization ” means an organization that is a not-for-profit corporation under the laws of the State of Oklahoma this state that was created to help prevent criminal activity in an area through community involvement and interaction with local law enforcement and which is one of the first two thousand organizations which makes application to the Oklahoma T ax Commission for the exemption after March 29, 2006; 54. Sales of tangible personal property to a nonprofit organization, exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), organized primarily for the purpose of providing services to homeless persons during the day and located in a metropolitan area with a population in excess of five hundred thousand (500,000) persons according to the latest Federal Decennial Census. The exemption authorized by this paragraph shall be applicable to sales of tangible personal property to a qualified entity occurring on or after January 1, 2005; 55. Sales of tangible personal property or services to or by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) for events the principal purpose of which is to provide funding for the preservation of wetlands and habitat for wild ducks; ENGR. S. B. NO. 1502 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 56. Sales of tangible personal property or services to or b y an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) for events the principal purpose of which is to provid e funding for the preservation and conservation of wild turkeys; 57. Sales of tangible personal property or services to an organization which: a. is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and b. is part of a network of community -based, autonomous member organizations that meets the following criteria: (1) serves people with workplace disadvantages and disabilities by providing job training and employment services, as well as job placement opportunities and post -employment support, (2) has locations in the United States and at least twenty other countries, (3) collects donated clothing and household goods to sell in retail stores and provides contract labor services to business and governme nt, and (4) provides documentation to the Oklahoma Tax Commission that over seventy-five percent (75%) ENGR. S. B. NO. 1502 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of its revenues are channeled into employment, job training and placement programs and other critical community services; 58. Sales of tickets made on o r after September 21, 2005, and complimentary or free tickets for ad mission issued on or after September 21, 2005, which have a value equivalent to the charge that would have otherwise been made, for admission to a professional athletic event in which a te am in the National Basketball Association is a participant, which is held in a facility owned or operated by a municipality, a county or a public trust of which a municipality or a county is the sole beneficiary, and sales of tickets made on or after July 1, 2007, and complimentary or free tickets for admission issued on o r after July 1, 2007, which have a value equivalent to the charge that would have otherwise been made, for admission to a professional athletic event in which a team in the National Hockey League is a participant, which is held in a facility owned or opera ted by a municipality, a county or a public trust of which a municipality or a county is the sole beneficiary; 59. Sales of tickets for admission and complimentary or free tickets for admission which have a value equivalent to the charge that would have otherwise been made to a professional sporting event involving ice hockey, baseball, basketball, football or arena football, or soccer. As used in this paragraph, “professional sporting event” means an organized athletic competition between ENGR. S. B. NO. 1502 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 teams that are members of an organized league or association with centralized management, other than a national league or national association, that imposes requirements for participation in the league upon the teams, the individual athletes or both, and which uses a salary structure to compensate the athletes; 60. Sales of tickets for admission to an annual event sponsored by an educational and charitable organization of women which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S. C., Section 501(c)(3) and has as its mission promoting volunteerism, developing the potential of women and improving the community through the effective action and leadership of trained volunteers; 61. Sales of tangible personal property or services to an organization, which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which is itself a member of an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), if the membership organization is primarily engaged in advancing the purposes of its member organizations through fundraising, public awareness or other efforts for the benefit of its member organizations, and if th e member organization is primarily engaged either in providing educational services and programs concerning health -related diseases and conditions to individuals suffering from such health -related ENGR. S. B. NO. 1502 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 diseases and conditions or their caregivers and family memb ers or support to such individuals, or in health -related research as to such diseases and conditions, or both. In order to qualify for the exemption authorized by this paragraph, the memb er nonprofit organization shall be required to provide proof to the Oklahoma Tax Commission of its membership status in the membership organization; 62. Sales of tangible personal property or services to or by an organization which is part of a national v olunteer women’s service organization dedicated to promoting patriot ism, preserving American history and securing better education for children and which has at least 168,000 members in 3,000 chapters across the United States; 63. Sales of tangible person al property or services to or by a YWCA or YMCA organization which i s part of a national nonprofit community service organization working to meet the health and social service needs of its members across the United States; 64. Sales of tangible personal p roperty or services to or by a veteran’s organization which is exemp t from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and which is known as the Veterans of Foreign Wars of the United States, Oklahoma Cha pters Department of Oklahoma ; 65. Sales of boxes of food by a churc h or by an organization, which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3). To qualify under the provisions of this parag raph, the organization must be ENGR. S. B. NO. 1502 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 organized for the primary purpose of feeding needy individuals or to encourage volunteer service by requiring such service in order to purchase food. These boxes shall only contain edible staple food items; 66. Sales of tangible personal property or services to any person with whom a church has duly entered into a construction contract, necessary for carrying out such contract or to any subcontractor to such a construction contract; 67. Sales of tangible personal property o r services used exclusively for charitable or educational purposes, to or by an organization which: a. is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), b. has filed a Not-for-Profit Certificate of Incorporation in this state, and c. is organized for the purpose of: (1) providing training and education to developmentally disabled individuals, (2) educating the community about the rights, abilities and strengths of developmentally disabled individuals, and ENGR. S. B. NO. 1502 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) promoting unity among developmentally disabled individuals in their community and geographic area; 68. Sales of tangible personal property or services to any organization which is a shelter for abused, neglected, or abandoned children and which is exempt from taxation pursuant to the provisions of the Interna l Revenue Code, 26 U.S.C., Section 501(c)(3); provided, until July 1, 2008, such exemption shall apply only to eligible shelters for children from birth to age twelve (12) and after July 1, 2008, such exemption shall apply to eligible shelters for children from birth to age eighteen (18); 69. Sales of tangible personal property or services to a child care center which is licensed pursuant to the Oklahoma Child Care Facilities Licensing Act and which: a. possesses a 3-star rating from the Department of Huma n Services Reaching for the Stars Program or a national accreditation, and b. allows on-site universal prekindergarten education to be provided to four-year-old children through a contractual agreement with any public school or school district. For the purposes of this paragraph, sales made to any person, firm, agency or entity that has entered previously into a contractual relationship with a child care center for construction ENGR. S. B. NO. 1502 Page 31 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 improvement of buildings and other structures owned by the child care center and operated for educational purposes shall be considered sales made to a child care center. Any such person, firm, agency or entity making purchases on behalf of a child care center shall certify, in writing, on the copy of the invoice or sales ticket the nature of the purchase. Any such person, or person acting on behalf of a firm, agency or entity making purchases on behalf of a child care center in violation of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount equal to double the amount of sales tax involved or incarcerated for not more than sixty (60) days or both; 70. a. Sales of tangible personal property to a service organization of mothers who have children who are serving or who have served in t he military, which service organization is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and which is known as the Blue Star Mothers of America, Inc. The exemption provided by this paragraph sh all only apply to the purchase of tangible personal property actually sent to United States military personnel overseas who are serving in a combat zone and not to any other tangible personal property purchased by the organization. Provided, this exemptio n shall not apply to any sales ENGR. S. B. NO. 1502 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tax levied by a city, town, county, or any other jurisdiction in this state. b. The exemption authorized by this paragraph shall be administered in the form of a refund from the sales tax revenues apportioned pursuant to Sect ion 1353 of this title, and the vendor shall be required to collect the sales tax otherwise applicable to the transaction. The purchaser may apply for a refund of the state sales tax paid in the manner prescribed by this paragraph. Within sixty (60) days after the end of each calendar quarter, any purchaser that is entitled to make application for a refund based upon the exempt treatment authorized by this paragraph may file an application for refund of the state sales taxes paid during such preceding cal endar quarter. The Tax Commission shall prescribe a form for purposes of making the application for refund. c. A purchaser who applies for a refund pursuant to this paragraph shall certif y that the items were actually sent to military personnel overseas i n a combat zone. Any purchaser that applies for a refund for the purchase of items that are not authorized for exemption under this paragraph shall be subject to a ENGR. S. B. NO. 1502 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 penalty in the amount o f Five Hundred Dollars ($500.00); 71. Sales of food and snack items to or by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), whose primary and principal purpose is provid ing funding for scholarships in the medical field; 72. Sales of tangible personal property or services for use solely on construction projects for organizations which are exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and whose purpose is providing end-of-life care and access to hospice services to low -income individuals who live in a facility owned by the organization. The exemption provided by this paragraph applies to sales to the organization as well as to sales to any person with whom the organization has duly entered into a construction contract, necessary for carrying out such contract or to any subcontractor to such a construction contract. Any person making purchases on behalf of such organization shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are made for and on behalf of such organization and set out the name of such organization. Any person who wrongfully or erroneously certifies that purchases are for any of the above -named organizations or who otherwise violates this section shall be guilty ENGR. S. B. NO. 1502 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of a misdemeanor and upon conviction thereof shall be fined an amount equal to double the amount of sales tax involved or incarcerated for not more than sixty (60) days or both; 73. Sales of tickets for admission to events held by organizations exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) that are organized for the purpose of supporting general hospitals licensed by the State Departm ent of Health; 74. Sales of tangible personal property or services: a. to a foundation which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and which raises tax - deductible contributions in sup port of a wide range of firearms-related public interest activities of the National Rifle Association of America and other organizations that defend and foster Second Amendment rights, and b. to or by a grassroots fundraising program for sales related to events to raise funds for a foundation meeting the qualifications of subparagraph a of this paragraph; 75. Sales by an organization or entity which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3 ) which are related to a fundraising event ENGR. S. B. NO. 1502 Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sponsored by the organization or entity when the event does not exceed any five (5) consecutive days and when the sales are not in the organization’s or the entity’s regular course of business. Provided, the exemption provided in this paragraph shall be limited to tickets sold for admittance to the fundraising event and items which were donated to the organization or entity for sale at the event; 76. Effective November 1, 2017, sales of tangible personal property or services to an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and operates as a collaborative model which connects community agencies in one location to serve individuals and families affected by violence and where victims have access to services and advocacy at no cost to the victim; 77. Effective July 1, 2018, sales of tangible personal property or services to or by an association which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and which is known as the National Guard Association of Oklahoma; 78. Effective July 1, 2018, sales of tangib le personal property or services to or by an association which is ex empt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(4) and which is known as the Marine Corps League Department of Oklahoma; ENGR. S. B. NO. 1502 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 79. Sales of tangible personal property or services to the American Legion, whet her the purchase is made by the entity chartered by the United States Congress or is an entity organized under the laws of this or another state pursuant to the authority of the national American Legion organization; 80. Sales of tangible personal propert y or services to or by an organization which is: a. exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), b. verified with a letter fr om the MIT Fab Foundation as an official member of the Fab Lab Netwo rk in compliance with the Fab Charter, and c. able to provide documentation that its primary and principal purpose is to provide community access to advanced 21st century manufacturing and digital fabrication tools for science, technology, engineering, art and math (STEAM) learning skills, developing inventions, creating and sustaining businesses and producing personalized products; 81. Effective November 1, 2021, sales of tangible persona l property or services used solely for construction and remodeling projects to an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which meets the following requirements: ENGR. S. B. NO. 1502 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. its primary purpose is to construct or remodel and sell affordable housing and provide homeownership education to residents of Oklahoma that have an income that is below one hundred percent (100%) of the Family Median Income guidelines as defined by the U.S. Department of Housing and Urban Development, b. it conducts its activities in a manner that serves public or charitable purposes, rather than commercial purposes, c. it receives funding and revenue and charges fees in a manner that does not incentivi ze it or its employees to act other than in the best interests of it s clients, and d. it compensates its employees in a manner that does not incentivize employees to act other than in the best interests of its clients; 82. Effective November 1, 2021, sale s of tangible personal property or services to a nonprofit entity, o rganized pursuant to Oklahoma law before January 1, 2022, exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986, as amended, the principal fun ctions of which are to provide assistance to natural persons followi ng a disaster, with program emphasis on repair or restoration to single -family residential dwellings or the construction of a replacement single -family ENGR. S. B. NO. 1502 Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 residential dwelling. As used in th is paragraph, “disaster” means damage to property with or without ac companying injury to persons from heavy rain, high winds, tornadic winds, drought, wildfire, snow, ice, geologic disturbances, explosions, chemical accidents or spills and other events cau sing damage to property on a large scale. For purposes of this para graph, an entity that expended at least seventy-five percent (75%) of its funds on the restoration to single-family housing following a disaster including related general and administrative expenses, shall be eligible for the exemption authorized by this p aragraph; 83. Effective November 1, 2021, through December 31, 2024, sales of tangible personal property or services to a museum that: a. operates as a part of an organization which is ex empt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), b. is not accredited by the American Alliance of Museums, and c. operates on an annual budget of less than One Million Dollars ($1,000,000.00); 84. Until July 1, 2022, sales of tangible personal property or services for use in a clinical practice or medical facility operated by an organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code of the United States, 26 U.S.C., Section 501(c)(3), and which has entered into a joint ENGR. S. B. NO. 1502 Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 operating agreement with the University Hospitals Trust created pursuant to Section 3224 of Title 63 of the Oklahoma Statutes. The exemption provided by this paragraph shall be limited to the purchase of tangible personal property and services for use in clinical practices or medical facilities acquired or leased by the organization from the University Hospitals Authority, University Hospitals Trust, or the University of Oklahoma on or after Ju ne 1, 2021; and 85. Sales of tangible personal property or services to a nonprofit entity, organized pursuant to Oklahoma law before January 1, 2019, exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986, as a mended, the principal functions of which are to provide assistance t o natural persons following a disaster, with program emphasis on repair or restoration to single -family residential dwellings or the construction of a replacement single -family residential dwelling. For purposes of this paragraph, an entity operated exclu sively for charitable and educational purposes through the coordination of volunteers for the disaster recovery of homes (as derived from Part III, Statement of Program Services, of Intern al Revenue Service Form 990) and offers its services free of charge to disaster survivors statewide who are low income with no or limited means of recovery on their own for the restoration to single -family housing following a disaster including related gen eral and administrative expenses, ENGR. S. B. NO. 1502 Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be eligible for the exemptio n authorized by this paragraph. The exemption provided by this paragraph shall only be applicable to sales made on or after the effective date of this act July 1, 2022. As used in this paragraph, “disaster” means damage to property with or without accompanying injury to persons from heavy rain, high winds, tornadic winds, drought, wildfire, snow, ice, geologic disturbances, explosions, chemical accidents or spills and other events causing damage to property on a large scale. SECTION 4. This act shall become effective November 1, 2024. Passed the Senate the 1 4th day of March, 2024. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __ ________, 2024. Presiding Officer of the House of Representatives