SENATE FLOOR VERSION - SB1125 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION March 3, 2025 SENATE BILL NO. 1125 By: Deevers An Act relating to excise tax; authorizing counties and municipalities to levy excise tax upon the sale of medical marijuana; prescribing procedures for approval of excise tax; requ iring a majority of voters to approve levy; prohibiting election for certain period if voters fail to approve levy; prescribing date of effectiveness upon approval; requiring initiative petitions to be in accordance with certain laws; prescribing deadlines for obtaining signatures and holding elections; requiring state purpose for levy of tax; requiring identification of the duration of the tax to voters; prohibiting municipalities from redirecting funds to another purpose without voter approval; creating county excise tax revolving funds upon levy of certain tax; providing sources of funds; providing purpose for expenditures; 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 to be codified in the Oklahoma Statutes as Section 2702.2 of Title 68, unless there is created a duplication in numbering, reads as follows: A. Any municipality of this state may levy an excise tax upon the sale of medical marijuana on the gross proceeds or gross receipts derived from all sales within the municipality. Before the excise tax may be levied by the municipality, the impos ition of the SENATE FLOOR VERSION - SB1125 SFLR Page 2 (Bold face denotes Committee Amendments) 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 shall first be approved by a majority of the registered voters of the municipality voting thereon at a special election called by the city council or by initiative petition signed by not less than five percent (5%) of the registered voters of the municipality who were registered at the time of the last general election. However, if a majority of the registered voters of a municipality voting fail to approve such a tax, the city council shall not call another special election for such purpo se for six (6) months. Any excise tax approved by the registered voters of a municipality shall be applicable only when the point of sale is within the territorial limits of such municipality. Any excise tax levied or any change in the rate of an excise tax levied pursuant to the provisions of this section shall become effect ive on the first day of the calendar quarter following approval by the voters of the municipality unless another effective date, which shall also be on the first day of a calendar quarter, is specified in the ordinance or resolution levying the excise tax or changing the rate of excise tax. B. Initiative petitions calling for a special election concerning municipality excise tax proposals shall be in accordance with Sections 2, 3, 6, 18 , and 24 of Title 34 of the Oklahoma Statutes. Petitions shall be subm itted to the office of the city clerk for approval as to form prior to circulation. Following approval, the petitioner shall have ninety (90) days to secure the required signatures. After securing the requisite number of SENATE FLOOR VERSION - SB1125 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 signatures, the petitioner shall submit the petition and signatures to the city clerk. Following the verification of signatures, the city clerk shall present the petition to the city council. The special election shall be held within sixty (60) days of receipt of the petition. The ballot title presented to the voters at the special election shall be identical to the ballot as presented in the initiative petition. C. Any excise tax which may be levied by a municipa lity shall be designated for any lawful purpose deemed necessary to prote ct and promote the life, liberty, and property of the citizens within the jurisdiction. D. The duration of the tax could be limited or unlimited. The municipality shall identify the duration of the tax when it is presented to the voters pursuant to the p rovisions of subsections A and B of this section. E. Any municipality that levies a dedicated tax pursuant to a vote of the people for a stated purpose shall not redirect all or a portion of the dedicated tax revenue to another purpose without a vote of the people authorizing such action. F. If recreational marijuana is legalized under Oklahoma state law, the provisions of this section shall automatically extend to recreational marijuana at the same rates and conditions applicable to medical marijuana. SENATE FLOOR VERSION - SB1125 SFLR Page 4 (Bold face denotes Committee Amendments) 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 to be codified in the Oklahoma Statutes as Section 2710 of Title 68, unless there is created a duplication in numbering, reads as follows: A. Any county of this state may levy an excise tax upo n the sale of medical marijuana on the gross proceeds or gross receipts derived from all sales within the county. Before the excise tax may be levied by the county, the imposition of the tax shall first be approved by a majority of the registered voters o f the county voting thereon at a special election called by the board of county commissioners or by initiative petition signed by not less than five percent (5%) of the registered vot ers of the county who were registered at the time of the last general ele ction. However, if a majority of the registered voters of a county voting fail s to approve such a tax, the board of county commissioners shall not call another special election for such purpose for six (6) months. Any excise tax approved by the registere d voters of a county shall be applicable only when the point of sale is within the territorial limits of such county. Any excise tax levied or any change in the rate of an excise tax levied pursuant to the provisions of this section shall become effective on the first day of the calendar quarter following approval by the voters of the county unless another effective date, which shall also be on the first day of a calendar quarter, is specified in the ordinance or resolution levying the excise tax or changi ng the rate of excise tax. SENATE FLOOR VERSION - SB1125 SFLR Page 5 (Bold face denotes Committee Amendments) 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. Initiative petitions calling for a special election concerning county excise tax proposals shall be in accordance with Sections 2, 3, 6, 18, and 24 of T itle 34 of the Oklahoma Statutes. Petitions shall be submitted to the of fice of the county clerk for approval as to form prior to circulation. Following approval, the petitioner shall have ninety (90) days to secure the required signatures. After securing the requisite number of signatures, the petitioner shall submit the pe tition and signatures to the county clerk. Following the verification of signatures, the county clerk shall present the petition to the board of county commissioners. The special election shall be held within sixty (60) days of receiving the petition. T he ballot title presented to the voters at the special election shall be identical to the ballot as presented in the initiative petition. C. Any excise tax which may be levied by a county shall be designated for a particular purpose. D. The duration of t he tax could be limited or unlimited. The county shall identify the duration of the tax when it is presented to the voters pursuant to the provisions of subsections A and B of this section. E. There are hereby created one or more county excise tax revolving funds in each county which levies an excise tax under this section. Each revolving fund shall be designated for a particular purpose and shall consist of all monies generated by the excise tax SENATE FLOOR VERSION - SB1125 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 which are designated for such purpose. Monies in the fund s shall only be expended for the purposes specifically designated as required by this section. A county excise tax revolving fund shall be a continuing fund not subject to fiscal yea r limitations. F. If recreational marijuana is legalized under Oklahoma state law, the provisions of this section shall automatically extend to recreational marijuana at the same rates and conditions applicable to medical marijuana. SECTION 3. This act shall become effective November 1, 2025. COMMITTEE REPORT BY: COMMITTEE ON REVENUE AND TAXATION March 3, 2025 - DO PASS