Oklahoma 2025 Regular Session

Oklahoma House Bill HB1733 Latest Draft

Bill / Introduced Version Filed 01/16/2025

                             
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1733 	By: Moore 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to sales tax code; amending 68 O.S. 
2021, Section 1353, as last amended by Section 4, 
Chapter 441, O.S.L. 2024 (68 O.S. Su pp. 2024, Section 
1353), which relates to apportionment of revenues; 
modifying limits on the Oklahoma Tourism Promotion 
Revolving Fund; providing an effective date ; and 
declaring an emergency . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A: 
SECTION 1.     AMENDATORY     68 O.S. 2021, Section 1353, as 
last amended by Section 4, Chapter 441, O.S.L. 2024 (68 O.S. Supp. 
2024, Section 1353), is amended to read as follows: 
Section 1353. Purpose of article – Apportionment of revenues. 
A.  It is hereby declared to be the purpose of the Oklahoma 
Sales Tax Code to provide funds for the financing of the program 
provided for by the Oklahoma Social Security Act and to provide 
revenues for the support of the functions of the state gove rnment of 
Oklahoma, and for this purpose it is hereby expressly provided that, 
revenues derived pursuant to the provisions of the Oklahoma Sales 
Tax Code, subject to the apportionment requirements for the Oklahoma   
 
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Tax Commission and Office of Management an d Enterprise Services 
Joint Computer Enhancement Fund provided by Section 265 of this 
title, and further subject to the apportionment requirement provided 
in subsection D of this section, shall be apportioned as follows: 
1.  Except as provided in subsection subsections C and D of this 
section, the following amounts shall be paid to the State Treasurer 
to be placed to the credit of the General Revenue Fund to be paid 
out pursuant to direct appropriation by the Legislature: 
Fiscal Year 	Amount 
FY 2003 and FY 2004 	86.04% 
FY 2005 	85.83% 
FY 2006 	85.54% 
FY 2007 	85.04% 
FY 2008 through FY 2022 	83.61% 
FY 2023 through FY 2027 	83.36% 
FY 2028 and each fiscal year thereafter 83.61%; 
2.  The following amounts shall be paid to the State Treasurer 
to be placed to the credit of the Education Reform Revolving Fund of 
the State Department of Education: 
a. for FY 2003, FY 2004 and FY 2005, ten and forty -two 
one-hundredths percent (10.42%), 
b. for FY 2006 through FY 2020, ten and forty -six one-
hundredths percent (10.46%), 
c. for FY 2021:   
 
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(1) for the month beginning July 1, 2020, through the 
month ending August 31, 2020, ten and forty -six 
one-hundredths percent (10.46%), and 
(2) for the month beginning September 1, 2020, 
through the month ending June 30, 2021, eleven 
and ninety-six one-hundredths percent (11.96%), 
d. for FY 2022 and each fiscal year thereafte r, ten and 
forty-six one-hundredths percent (10.46%); 
3.  The following amounts shall be paid to the State Treasurer 
to be placed to the credit of the Teachers ' Retirement System 
Dedicated Revenue Revolving Fund: 
Fiscal Year 	Amount 
FY 2003 and FY 2004 	3.54% 
FY 2005 	3.75% 
FY 2006 	4.0% 
FY 2007 	4.5% 
FY 2008 through FY 2020 	5.0% 
FY 2021: 
a. for the month beginning July 
1, 2020, through the month 
ending August 31, 2020 	5.0% 
b. for the month beginning 
September 1, 2020, through   
 
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the month ending June 30, 
2021 	3.5% 
FY 2022 	5.0% 
FY 2023 through FY 2027 	5.25% 
FY 2028 and each fiscal year thereafter 	5.0%; 
4. a. except as otherwise provided in subparagraph b of this 
paragraph, for the fiscal y ear beginning July 1, 2022, 
and for each fiscal year thereafter, eighty -seven one-
hundredths percent (0.87%) shall be paid to the State 
Treasurer to be further apportioned as follows: 
(1) twenty-four percent (24%) shall be placed to the 
credit of the Oklahoma Tourism Promotion 
Revolving Fund, but with respect to the fiscal 
year ending June 30, 2025, in no event shall such 
apportionment exceed Five Million Dollars 
($5,000,000.00) in any fiscal year.  With respect 
to the: 
(a) fiscal year beginning July 1, 202 5, Thirty 
Million Dollars ($30,000,000.00), 
(b) fiscal year beginning July 1, 202 6, Thirty-
five Million Dollars ($35,000,000.00), 
(c) fiscal year beginning July 1, 202 7, Forty 
Million Dollars ($40,000,000.00), and   
 
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(d) fiscal year beginning July 1, 202 8, Forty-
five Million Dollars ($45,000,000.00) and 
for each fiscal year thereafter , 
(2) forty-four percent (44%) shall be placed to the 
credit of the Oklahoma Tourism Capital 
Improvement Revolving Fund, but in no event shall 
such apportionment exceed Nine Milli on Dollars 
($9,000,000.00) in any fiscal year, and 
(3) thirty-two percent (32%) shall be placed to the 
credit of the Oklahoma Route 66 Commission 
Revolving Fund, but in no event shall such 
apportionment exceed Six Million Six Hundred 
Thousand Dollars ($6,6 00,000.00) in any fiscal 
year, and 
b. any amounts which exceed the limitations of 
subparagraph a of this paragraph shall be placed to 
the credit of the General Revenue Fund; and 
5.  For the fiscal year beginning July 1, 2015, and for each 
fiscal year thereafter, six one-hundredths percent (0.06%) shall be 
placed to the credit of the Oklahoma Historical Society Capital 
Improvement and Operations Revolving Fund, but in no event shall 
such apportionment exceed the total amount apportioned pursuant to 
this paragraph for the fiscal year ending on June 30, 2015.  Any   
 
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amounts which exceed t he limitations of this paragraph shall be 
placed to the credit of the General Revenue Fund. 
B.  Provided, for the fiscal year beginning July 1, 2007, and 
every fiscal year therea fter, an amount of revenue shall be 
apportioned to each municipality or county which levies a sales tax 
subject to the provisions of Section 1357.10 of this title and 
subsection F of Section 2701 of this title equal to the amount of 
sales tax revenue of su ch municipality or county exempted by the 
provisions of Section 1357.10 of thi s title and subsection F of 
Section 2701 of this title.  The Oklahoma Tax Commission shall 
promulgate and adopt rules necessary to implement the provisions of 
this subsection. 
C. From the monies that would otherwise be apportioned to the 
General Revenue Fund pursuant to subsection A of this section, there 
shall be apportioned the following amounts: 
1.  For the month ending August 31, 2019: 
a. Nine Million Six Hundred Thousand Dol lars 
($9,600,000.00) to the credit of the State Highway 
Construction and Maint enance Fund created in Section 
1501 of Title 69 of the Oklahoma Statutes, and 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes;   
 
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2.  For the month ending September 30, 2019: 
a. Twenty Million Dollars ($20,000,000.00) to the credit 
of the State Highway Construction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes; 
3.  For the month ending October 31, 2019: 
a. Twenty Million Dollars ($20,000,000.00) to the credit 
of the State Highway Construction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Re volving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes; 
4.  For the month ending November 30, 2019: 
a. Twenty Million Dollars ($20,000,000.00) to the credit 
of the State Highway Construction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and   
 
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b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes; and 
5.  For the month ending December 31, 2019: 
a. Twenty Million Dollars ($20,000,000.00) to the credit 
of the State Highway Co nstruction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Ma intenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes. 
D.  For fiscal year 2029, and each subsequent fiscal year, Fifty 
Million Dollars ($50,000,000.00) shall be placed to the credit of 
the Oklahoma Capital Assets Maintenance and Protection Fund created 
in Section 2 of this act. 
SECTION 2.  This act shall become effective July 1, 2025. 
SECTION 3.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emerg ency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
 
60-1-12201 JL 01/15/25