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Oklahoma Legislature· HB 1572Remove Representative Lawson as principal House author and substitute with Representative Fetgatter

An act relating to tourism, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1572                By: Lawson

4

5

6                   AS INTRODUCED

7   An Act relating to tourism; amending 68 O.S. 2021,

    Section 1353, as last amended by Section 4, Chapter

8   441, O.S.L. 2024 (68 O.S. Supp. 2024, Section 1353)

    and Section 1403, which relates to apportionments;

9   modifying apportionments for certain fiscal years;

    limiting certain cap on apportionments to certain

10  fiscal years; amending 68 O.S. 2021, Section 50014,

    which relates to the Oklahoma Tourism Promotion Act;

11  providing limitation on funds expended for operations

    eliminating prohibition on expending certain funds

12  for wages and salaries; providing an effective date;

    and declaring an emergency.

13

14

15

16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

17  SECTION 1.      AMENDATORY  68 O.S. 2021, Section 1353, as

18 last amended by Section 4, Chapter 441, O.S.L. 2024 (68 O.S. Supp.

19 2024, Section 1353), is amended to read as follows:

20  Section 1353. A. It is hereby declared to be the purpose of

21 the Oklahoma Sales Tax Code to provide funds for the financing of

22 the program provided for by the Oklahoma Social Security Act and to

23 provide revenues for the support of the functions of the state

24 government of Oklahoma, and for this purpose it is hereby expressly

    Req. No. 10971                                                 Page 1
1 provided that, revenues derived pursuant to the provisions of the

2 Oklahoma Sales Tax Code, subject to the apportionment requirements

3 for the Oklahoma Tax Commission and Office of Management and

4 Enterprise Services Joint Computer Enhancement Fund provided by

5 Section 265 of this title, and further subject to the apportionment

6 requirement provided in subsection D of this section, shall be

7 apportioned as follows:

8   1. Except as provided in subsection C of this section, the

9 following amounts shall be paid to the State Treasurer to be placed

10 to the credit of the General Revenue Fund to be paid out pursuant to

11 direct appropriation by the Legislature:

12  Fiscal Year                              Amount

13  FY 2003 and FY 2004                      86.04%

14  FY 2005                                  85.83%

15  FY 2006                                  85.54%

16  FY 2007                                  85.04%

17  FY 2008 through FY 2022                  83.61%

18  FY 2023 through FY 2027 2025             83.36%

19  FY 2026 through FY 2027                  83.23%

20  FY 2028 and each fiscal year thereafter  83.61% 83.48%;

21  2. The following amounts shall be paid to the State Treasurer

22 to be placed to the credit of the Education Reform Revolving Fund of

23 the State Department of Education:

24

    Req. No. 10971                                                 Page 2
1   a. for FY 2003, FY 2004 and FY 2005, ten and forty-two

2             one-hundredths percent (10.42%),

3   b. for FY 2006 through FY 2020, ten and forty-six one-

4             hundredths percent (10.46%),

5   c. for FY 2021:

6             (1) for the month beginning July 1, 2020, through the

7                   month ending August 31, 2020, ten and forty-six

8                   one-hundredths percent (10.46%), and

9             (2) for the month beginning September 1, 2020,

10                  through the month ending June 30, 2021, eleven

11                  and ninety-six one-hundredths percent (11.96%),

12  d. for FY 2022 and each fiscal year thereafter, ten and

13            forty-six one-hundredths percent (10.46%);

14  3. The following amounts shall be paid to the State Treasurer

15 to be placed to the credit of the Teachers' Retirement System

16 Dedicated Revenue Revolving Fund:

17  Fiscal Year                                           Amount

18  FY 2003 and FY 2004                                   3.54%

19  FY 2005                                               3.75%

20  FY 2006                                               4.0%

21  FY 2007                                               4.5%

22  FY 2008 through FY 2020                               5.0%

23  FY 2021:

24

    Req. No. 10971                                                Page 3
1   a. for the month beginning July

2            1, 2020, through the month

3            ending August 31, 2020                      5.0%

4   b. for the month beginning

5            September 1, 2020, through

6            the month ending June 30,

7            2021                                        3.5%

8   FY 2022                                              5.0%

9   FY 2023 through FY 2027                              5.25%

10  FY 2028 and each fiscal year thereafter              5.0%;

11  4. a. except as otherwise provided in subparagraph b of this

12           paragraph, for the fiscal year beginning July 1, 2022,

13           and for each fiscal year thereafter fiscal years 2022

14           through 2025, eighty-seven one-hundredths percent

15           (0.87%) shall be paid to the State Treasurer to be

16           further apportioned as follows:

17           (1) twenty-four percent (24%) shall be placed to the

18                  credit of the Oklahoma Tourism Promotion

19                  Revolving Fund, but in no event shall such

20                  apportionment exceed Five Million Dollars

21                  ($5,000,000.00) in any fiscal year,

22           (2) forty-four percent (44%) shall be placed to the

23                  credit of the Oklahoma Tourism Capital

24                  Improvement Revolving Fund, but in no event shall

    Req. No. 10971                                              Page 4
1                   such apportionment exceed Nine Million Dollars

2                   ($9,000,000.00) in any fiscal year, and

3   (3) thirty-two percent (32%) shall be placed to the

4                   credit of the Oklahoma Route 66 Commission

5                   Revolving Fund, but in no event shall such

6                   apportionment exceed Six Million Six Hundred

7                   Thousand Dollars ($6,600,000.00) in any fiscal

8                   year, and

9   b. any amounts for fiscal years 2022 through 2025 which

10  exceed the limitations of subparagraph a of this

11  paragraph shall be placed to the credit of the General

12  Revenue Fund;, and

13  c. for fiscal year 2026 and subsequent fiscal years, one

14  percent (1.0%) shall be paid to the State Treasurer to

15  be further apportioned as follows:

16  (1) the first Six Million Six Hundred Thousand

17                  Dollars ($6,600,000.00) shall be placed to the

18                  credit of the Oklahoma Route 66 Commission

19                  Revolving Fund,

20  (2) of any remaining amounts:

21                  (a) thirty-six percent (36%) shall be placed to

22                  the credit of the Oklahoma Tourism Promotion

23                  Revolving Fund, and

24

    Req. No. 10971                                                Page 5
1                    (b) sixty-four percent (64%) shall be placed to

2                    the credit of the Oklahoma Tourism Capital

3                    Improvement Revolving Fund; and

4   5. For the fiscal year beginning July 1, 2015, and for each

5 fiscal year thereafter, six one-hundredths percent (0.06%) shall be

6 placed to the credit of the Oklahoma Historical Society Capital

7 Improvement and Operations Revolving Fund, but in no event shall

8 such apportionment exceed the total amount apportioned pursuant to

9 this paragraph for the fiscal year ending on June 30, 2015. Any

10 amounts which exceed the limitations of this paragraph shall be

11 placed to the credit of the General Revenue Fund.

12  B. Provided, for the fiscal year beginning July 1, 2007, and

13 every fiscal year thereafter, an amount of revenue shall be

14 apportioned to each municipality or county which levies a sales tax

15 subject to the provisions of Section 1357.10 of this title and

16 subsection F of Section 2701 of this title equal to the amount of

17 sales tax revenue of such municipality or county exempted by the

18 provisions of Section 1357.10 of this title and subsection F of

19 Section 2701 of this title. The Oklahoma Tax Commission shall

20 promulgate and adopt rules necessary to implement the provisions of

21 this subsection.

22  C. From the monies that would otherwise be apportioned to the

23 General Revenue Fund pursuant to subsection A of this section, there

24 shall be apportioned the following amounts:

    Req. No. 10971                                                  Page 6
1   1. For the month ending August 31, 2019:

2   a. Nine Million Six Hundred Thousand Dollars

3   ($9,600,000.00) to the credit of the State Highway

4   Construction and Maintenance Fund created in Section

5   1501 of Title 69 of the Oklahoma Statutes, and

6   b. Two Million Dollars ($2,000,000.00) to the credit of

7   the Oklahoma Railroad Maintenance Revolving Fund

8   created in Section 309 of Title 66 of the Oklahoma

9   Statutes;

10  2. For the month ending September 30, 2019:

11  a. Twenty Million Dollars ($20,000,000.00) to the credit

12  of the State Highway Construction and Maintenance Fund

13  created in Section 1501 of Title 69 of the Oklahoma

14  Statutes, and

15  b. Two Million Dollars ($2,000,000.00) to the credit of

16  the Oklahoma Railroad Maintenance Revolving Fund

17  created in Section 309 of Title 66 of the Oklahoma

18  Statutes;

19  3. For the month ending October 31, 2019:

20  a. Twenty Million Dollars ($20,000,000.00) to the credit

21  of the State Highway Construction and Maintenance Fund

22  created in Section 1501 of Title 69 of the Oklahoma

23  Statutes, and

24

    Req. No. 10971                                    Page 7
1   b. Two Million Dollars ($2,000,000.00) to the credit of

2   the Oklahoma Railroad Maintenance Revolving Fund

3   created in Section 309 of Title 66 of the Oklahoma

4   Statutes;

5   4. For the month ending November 30, 2019:

6   a. Twenty Million Dollars ($20,000,000.00) to the credit

7   of the State Highway Construction and Maintenance Fund

8   created in Section 1501 of Title 69 of the Oklahoma

9   Statutes, and

10  b. Two Million Dollars ($2,000,000.00) to the credit of

11  the Oklahoma Railroad Maintenance Revolving Fund

12  created in Section 309 of Title 66 of the Oklahoma

13  Statutes; and

14  5. For the month ending December 31, 2019:

15  a. Twenty Million Dollars ($20,000,000.00) to the credit

16  of the State Highway Construction and Maintenance Fund

17  created in Section 1501 of Title 69 of the Oklahoma

18  Statutes, and

19  b. Two Million Dollars ($2,000,000.00) to the credit of

20  the Oklahoma Railroad Maintenance Revolving Fund

21  created in Section 309 of Title 66 of the Oklahoma

22  Statutes.

23  D. For fiscal year 2029, and each subsequent fiscal year, Fifty

24 Million Dollars ($50,000,000.00) shall be placed to the credit of

    Req. No. 10971                                    Page 8
1 the Oklahoma Capital Assets Maintenance and Protection Fund created

2 in Section 2 of this act.

3   SECTION 2.      AMENDATORY  68 O.S. 2021, Section 1403, is

4 amended to read as follows:

5   Section 1403. A. It is hereby declared to be the purpose of

6 Section 1401 et seq. of this title to provide for the support of the

7 functions of the state and local government of Oklahoma; and for

8 this purpose and to this end, it is hereby expressly provided that

9 the revenues derived hereunder, subject to the apportionment

10 provided in subsection B of this section and to the apportionment

11 requirements for the Oklahoma Tax Commission and Office of

12 Management and Enterprise Services Joint Computer Enhancement Fund

13 provided by Section 265 of this title, are hereby apportioned as

14 follows:

15  1. The following amounts shall be paid by the Tax Commission to

16 the State Treasurer and placed to the credit of the General Revenue

17 Fund to be paid out pursuant to direct appropriation by the

18 Legislature:

19  Fiscal Year                 Amount

20  FY 2004                     85.35%

21  FY 2005                     85.14%

22  FY 2006                     85.54%

23  FY 2007                     85.04%

24  FY 2008 through FY 2022     83.61%

    Req. No. 10971                                              Page 9
1   FY 2023 through FY 2027 2025                          83.36%

2   FY 2026 THROUGH FY 2027                  83.23%

3   FY 2028 and each fiscal year thereafter               83.61% 83.48%;

4   2. The following amounts shall be paid to the State Treasurer

5 to be placed to the credit of the Education Reform Revolving Fund of

6 the State Department of Education:

7   a. for FY 2020, ten and forty-six one-hundredths percent

8            (10.46%),

9   b. for FY 2021:

10           (1) for the month beginning July 1, 2020, through the

11                  month ending August 31, 2020, ten and forty-six

12                  one-hundredths percent (10.46%), and

13           (2) for the month beginning September 1, 2020,

14                  through the month ending June 30, 2021, eleven

15                  and ninety-six one-hundredths percent (11.96%),

16                  and

17  c. for FY 2022 and each fiscal year thereafter, ten and

18           forty-six one-hundredths percent (10.46%);

19  3. The following amounts shall be paid to the State Treasurer

20 to be placed to the credit of the Teachers' Retirement System

21 Dedicated Revenue Revolving Fund:

22  Fiscal Year                                           Amount

23  FY 2003 and FY 2004                                   3.54%

24  FY 2005                                               3.75%

    Req. No. 10971                                                Page 10
1   FY 2006                                    4.0%

2   FY 2007                                    4.5%

3   FY 2008 through FY 2020                    5.0%

4   FY 2021:

5   a. for the month beginning July

6             1, 2020, through the month

7             ending August 31, 2020           5.0%

8   b. for the month beginning

9             September 1, 2020, through

10            the month ending June 30,

11            2021                             3.5%

12  FY 2022                                    5.0%

13  FY 2023 through FY 2027                    5.25%

14  FY 2028 and each fiscal year thereafter    5.0%;

15  4. a. except as otherwise provided in subparagraph b of this

16            paragraph, for the fiscal year beginning July 1, 2015,

17            and for each fiscal year thereafter fiscal years 2016

18            through 2025, eighty-seven one-hundredths percent

19            (0.87%) shall be paid to the State Treasurer to be

20            further apportioned as follows:

21            (1) thirty-six percent (36%) shall be placed to the

22                  credit of the Oklahoma Tourism Promotion

23                  Revolving Fund, but in no event shall such

24                  apportionment exceed the total amount apportioned

    Req. No. 10971                                              Page 11
1                   pursuant to this division for the fiscal year

2                   ending on June 30, 2015, and

3   (2) sixty-four percent (64%) shall be placed to the

4                   credit of the Oklahoma Tourism Capital

5                   Improvement Revolving Fund, but in no event shall

6                   such apportionment exceed the total amount

7                   apportioned pursuant to this division for the

8                   fiscal year ending on June 30, 2015, and

9   b. any amounts for fiscal years 2022 through 2025 which

10  exceed the limitations of subparagraph a of this

11  paragraph shall be placed to the credit of the General

12  Revenue Fund;, and

13  c. for fiscal year 2026 and subsequent fiscal years, one

14  percent (1.0%) shall be paid to the State Treasurer to

15  be further apportioned as follows:

16  (1) thirty-six percent (36%) shall be placed to the

17                  credit of the Oklahoma Tourism Promotion

18                  Revolving Fund, and

19  (2) sixty-four percent (64%) shall be placed to the

20                  credit of the Oklahoma Tourism Capital

21                  Improvement Revolving Fund; and

22  5. For the fiscal year beginning July 1, 2015, and for each

23 fiscal year thereafter, six one-hundredths percent (0.06%) shall be

24 placed to the credit of the Oklahoma Historical Society Capital

    Req. No. 10971                                              Page 12
1 Improvement and Operations Revolving Fund, but in no event shall

2 such apportionment exceed the total amount apportioned pursuant to

3 this paragraph for the fiscal year ending on June 30, 2015. Any

4 amounts which exceed the limitations of this paragraph shall be

5 placed to the credit of the General Revenue Fund.

6   B. Prior to the apportionments otherwise provided in this

7 section, there shall be apportioned to the Education Reform

8 Revolving Fund of the State Department of Education the following

9 amounts in the following state fiscal years:

10  FY 2019                                     $19,600,000.00; and

11  FY 2020 and each year thereafter            $20,500,000.00.

12  SECTION 3.      AMENDATORY  68 O.S. 2021, Section 50014, is

13 amended to read as follows:

14  Section 50014. A. 1. There is hereby created in the State

15 Treasury a revolving fund for the Oklahoma Tourism and Recreation

16 Department, to be designated the "Oklahoma Tourism Promotion

17 Revolving Fund". The fund shall be a continuing fund, not subject

18 to fiscal year limitations, and shall consist of all monies received

19 by the Oklahoma Tourism and Recreation Department and apportioned to

20 such fund pursuant to the provisions of Sections 1353 and 1403 of

21 this title and such other monies accredited to the fund pursuant to

22 law.

23  2. All monies accruing to the credit of the fund are hereby

24 appropriated and may be budgeted and expended by the Oklahoma

    Req. No. 10971                                                Page 13
1 Tourism and Recreation Department for the purpose of Oklahoma

2 tourism promotion, as defined by Section 50011 of this title,

3 provided that the Department shall ensure that all areas of the

4 state will be adequately promoted, and all monies expended from the

5 fund shall reflect a consistent brand and image in the promotion of

6 Oklahoma tourism; provided, no more than twenty percent (20%) of the

7 amount accruing each fiscal year shall be expended for the purpose

8 of funding operations of the Department.

9   3. No monies from this revolving fund shall be transferred for

10 any purpose to any other state agency or be used for the purpose of

11 contracting with any other state agency or reimbursing any other

12 state agency for any expense with the exception of contracting and

13 payment for research work completed by an institution of The

14 Oklahoma State System of Higher Education. No monies from this

15 revolving fund shall be expended for any wage or salary of any

16 employee of any state agency. Expenditures from the fund shall be

17 made upon warrants issued by the State Treasurer against claims

18 filed as prescribed by law with the Director of the Office of

19 Management and Enterprise Services for approval and payment.

20  B. 1. There is hereby created in the State Treasury a

21 revolving fund for the Oklahoma Tourism and Recreation Department,

22 to be designated the "Oklahoma Tourism Capital Improvement Revolving

23 Fund". The fund shall be a continuing fund, not subject to fiscal

24 year limitations, and shall consist of all monies received by the

    Req. No. 10971                                                 Page 14
1 Oklahoma Tourism and Recreation Department and apportioned to such

2 fund pursuant to the provisions of Sections 1353 and 1403 of this

3 title and such other monies accredited to the fund pursuant to law.

4   2. All monies accruing to the credit of the fund are hereby

5 appropriated and may be budgeted and expended by the Oklahoma

6 Tourism and Recreation Department for the purpose of funding capital

7 improvement projects or operations at state parks and tourist

8 information centers; provided, no more than twenty percent (20%) of

9 the amount accruing annually shall be expended for the purpose of

10 funding operations.

11  3. No monies from this revolving fund shall be transferred for

12 any purpose to any other state agency. Expenditures from the fund

13 shall be made upon warrants issued by the State Treasurer against

14 claims filed as prescribed by law with the Director of the Office of

15 Management and Enterprise Services for approval and payment.

16  SECTION 4. This act shall become effective July 1, 2025.

17  SECTION 5. It being immediately necessary for the preservation

18 of the public peace, health or safety, an emergency is hereby

19 declared to exist, by reason whereof this act shall take effect and

20 be in full force from and after its passage and approval.

21

22  60-1-10971      JL  01/14/25

23

24

    Req. No. 10971                                                Page 15
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