Req. No. 3128 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) SENATE BILL 2037 By: Deevers AS INTRODUCED An Act relating to sales tax rebate; creating the Grocery Tax Relief Rebate Act; providing short title; stating intent; defining term; providing monthly rebate payment; prescribing calculation of rebate payment; requiring registration; providing exception; prescribing application requirements; prohibiting eligibility for claimed dependents and household members; requiring the Oklahoma Tax Commission to prescribe forms; authorizing application for rebate payment through the filing of tax returns; requiring notification upon change in household residence or death; requiring Commission to adjust certain payments; requiring the recapture of excess payments; requiring notification upon rece ipt of certain benefits; requiring the a djustment of rebate payment upon receipt of certain benefits; requiring the promulgation of rules; providing deadline f or registry and forms; providing for noncodificati on; providing for codification ; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be know n and may be cited as the “Grocery Tax Relief Rebate Act”. Req. No. 3128 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 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 2. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows : The Grocery Tax Relief Rebate Act shall ensure that no individual or family pays sales tax on con sumption expenditures that occur below the federal poverty level. SECTION 3. NEW LAW A new section of law to be codifi ed in the Oklahoma Statutes as Section 1399.1 of Title 68, unless there is created a duplication in numbering, reads as follows: A. As used in this section, “poverty guideline” shall mean the annual income level for p overty as determined by the United States Department of Health and Human Service s for the year in which the monthly rebate payment is claimed pursuant to this section. B. Beginning in calendar year 2026 there shall be provided a monthly rebate payment for individuals and households residing in this state. C. The rebate payment shall be calculated as follows: 1. For individuals, the monthly rebate payment shall be equal to the poverty guideline for a single in dividual, multiplied by four and fifty-hundredths percent (4.5 0%), and divided by twelve ; 2. For married households with no depen dents, the monthly rebate payment shall be equal to the Poverty Guideline for two person households, multiplied by four an d fifty-hundredths percent (4.50%), and divided by twelve; Req. No. 3128 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 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. For single households with dependents , the monthly rebate payment shall be equal to the poverty guideline for a house hold equal to the number of dependents plus one , multiplied by four and fifty-hundredths percent (4.5 0%), and divided by twelve; and 4. For married households with depen dents, the monthly rebate payment shall be equal to the poverty guideline for a household equal to the number of dependents plus two, multiplied by four and fifty-hundredths percent (4.5 0%), and divided by twelve . D. Except as provided in subsection F of this section, i n order to claim the rebate payment provided pursuant to this section the individual or head of household shall apply through an online registry on the website of the Oklahoma Tax Commission no later than November 1 the year before the rebate payments are made. Individuals shall reapply each year to continue receiving the monthly rebate payments. E. The following information shall be provided in the application: 1. Name(s) of the individual or family; 2. Social Security Number(s) of the individual or family, including dependents ; 3. Address of the individual or family residence; and 4. Routing and account numbers, if the claimants wish to receive the rebate payment through direct deposit. Req. No. 3128 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. No individual shall be eligible to receive the month ly rebate payment provided in this section if they are claimed as a dependent or as a member of a married household for a rebate payment provided pursuant to this section. G. The Tax Commission shall provide forms that may be filed with an individual, head of household, or joint tax return to apply for the monthly rebate payment for the calendar year subsequent to the filing of the individual, head of household, or joint tax return. Taxpayers electing to apply for the rebate payment pursuant to this subsection shall not be required to apply in the online registry, unless the number of depen dents or members of the household changes before the monthly payments begin. H. If an individual or household member dies , or a household moves out of this state, the Tax Commission shall be notified through the online r egistry, and the Commission shall adjust the monthly rebate payment for the remainder of the year. Any excess rebate payments made due to a change in the household or residence shall be recaptured by the Commission. I. Households receiving monthly bene fits through the federal Supplemental Nutrition Assistance Program shall notify t he Commission through the online registry, including the monthly benefit amount. For households receiving Supplemental Nutrition Assistance Program benefits shall have the monthly rebate payment reduced by an amount equal to the monthly benefit amount. Req. No. 3128 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 J. The Oklahoma Tax Com mission shall promulgate rules to effectuate the provisions of this section. The Commission shall create an operational online registry on or before September 1, 2025, and make available an application form before the date that 2024 income tax returns are eligible to be filed. SECTION 4. This act shall become effective November 1, 2024. 59-2-3128 QD 1/18/2024 3:58:52 PM