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Back to HB 2935
Oklahoma Legislature· HB 2935Referred to Appropriations and Budget Finance Subcommittee

An act relating to revenue and taxation, the official text

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1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 2935                 By: Gise

4

5

6                                 AS INTRODUCED

7   An Act relating to revenue and taxation; amending 68

    O.S. 2021, Section 1357, as last amended by Section

8   1, Chapter 391, O.S.L. 2025 (68 O.S. Supp. 2025,

    Section 1357), which relates to sales tax exemptions;

9   modifying list of exemptions to include diapers;

    defining term; providing an effective date; and

10  declaring an emergency.

11

12

13

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

14

    SECTION 1.      AMENDATORY    68 O.S. 2021, Section 1357, as

15

    last amended by Section 1, Chapter 391, O.S.L. 2025 (68 O.S. Supp.

16

    2025, Section 1357), is amended to read as follows:

17

    Section 1357. Exemptions � General

18

    There are hereby specifically exempted from the tax levied by

19

    the Oklahoma Sales Tax Code:

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    1. Transportation of school pupils to and from elementary

21

    schools or high schools in motor or other vehicles;

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    Req. No. 14050                                             Page 1
1  2. Transportation of persons where the fare of each person does

2 not exceed One Dollar ($1.00), or local transportation of persons

3 within the corporate limits of a municipality except by taxicabs;

4  3. Sales for resale to persons engaged in the business of

5 reselling the articles purchased, whether within or without the

6 state, provided that such sales to residents of this state are made

7 to persons to whom sales tax permits have been issued as provided in

8 the Oklahoma Sales Tax Code. This exemption shall not apply to the

9 sales of articles made to persons holding permits when such persons

10 purchase items for their use and which they are not regularly

11 engaged in the business of reselling; neither shall this exemption

12 apply to sales of tangible personal property to peddlers, solicitors

13 and other salespersons who do not have an established place of

14 business and a sales tax permit. The exemption provided by this

15 paragraph shall apply to sales of motor fuel or diesel fuel to a

16 Group Five vendor, but the use of such motor fuel or diesel fuel by

17 the Group Five vendor shall not be exempt from the tax levied by the

18 Oklahoma Sales Tax Code. The purchase of motor fuel or diesel fuel

19 is exempt from sales tax when the motor fuel is for shipment outside

20 this state and consumed by a common carrier by rail in the conduct

21 of its business. The sales tax shall apply to the purchase of motor

22 fuel or diesel fuel in Oklahoma by a common carrier by rail when

23 such motor fuel is purchased for fueling, within this state, of any

24 locomotive or other motorized flanged wheel equipment;

   Req. No. 14050                                                  Page 2
1   4. Sales of advertising space in newspapers and periodicals;

2   5. Sales of programs relating to sporting and entertainment

3 events, and sales of advertising on billboards (including signage,

4 posters, panels, marquees or on other similar surfaces, whether

5 indoors or outdoors) or in programs relating to sporting and

6 entertainment events, and sales of any advertising, to be displayed

7 at or in connection with a sporting event, via the Internet,

8 electronic display devices or through public address or broadcast

9 systems. The exemption authorized by this paragraph shall be

10 effective for all sales made on or after January 1, 2001;

11  6. Sales of any advertising, other than the advertising

12 described by paragraph 5 of this section, via the Internet,

13 electronic display devices or through the electronic media including

14 radio, public address or broadcast systems, television (whether

15 through closed circuit broadcasting systems or otherwise), and cable

16 and satellite television, and the servicing of any advertising

17 devices;

18  7. Eggs, feed, supplies, machinery, and equipment purchased by

19 persons regularly engaged in the business of raising worms, fish,

20 any insect, or any other form of terrestrial or aquatic animal life

21 and used for the purpose of raising same for marketing. This

22 exemption shall only be granted and extended to the purchaser when

23 the items are to be used and in fact are used in the raising of

24 animal life as set out above. Each purchaser shall certify, in

    Req. No. 14050                                                  Page 3
1 writing, on the invoice or sales ticket retained by the vendor that

2 the purchaser is regularly engaged in the business of raising such

3 animal life and that the items purchased will be used only in such

4 business. The vendor shall certify to the Oklahoma Tax Commission

5 that the price of the items has been reduced to grant the full

6 benefit of the exemption. Violation hereof by the purchaser or

7 vendor shall be a misdemeanor;

8   8. Sale of natural or artificial gas and electricity, and

9 associated delivery or transmission services, when sold exclusively

10 for residential use. Provided, this exemption shall not apply to

11 any sales tax levied by a city or town, or a county or any other

12 jurisdiction in this state;

13  9. In addition to the exemptions authorized by Section 1357.6

14 of this title, sales of drugs sold pursuant to a prescription

15 written for the treatment of human beings by a person licensed to

16 prescribe the drugs, and sales of insulin and medical oxygen.

17 Provided, this exemption shall not apply to over-the-counter drugs;

18  10. Transfers of title or possession of empty, partially

19 filled, or filled returnable oil and chemical drums to any person

20 who is not regularly engaged in the business of selling, reselling

21 or otherwise transferring empty, partially filled or filled

22 returnable oil drums;

23

24

    Req. No. 14050                                                Page 4
1   11. Sales of one-way utensils, paper napkins, paper cups,

2 disposable hot containers, and other one-way carry out materials to

3 a vendor of meals or beverages;

4   12. Sales of food or food products for home consumption which

5 are purchased in whole or in part with coupons issued pursuant to

6 the federal food stamp program as authorized by Sections 2011

7 through 2036d of Title 7 of the United States Code, as to that

8 portion purchased with such coupons. The exemption provided for

9 such sales shall be inapplicable to such sales upon the effective

10 date of any federal law that removes the requirement of the

11 exemption as a condition for participation by the state in the

12 federal food stamp program;

13  13. Sales of food or food products, or any equipment or

14 supplies used in the preparation of the food or food products to or

15 by an organization which:

16  a. is exempt from taxation pursuant to the provisions of

17  Section 501(c)(3) of the Internal Revenue Code of

18  1986, as amended, 26 U.S.C., Section 501(c)(3), and

19  which provides and delivers prepared meals for home

20  consumption to elderly or homebound persons as part of

21  a program commonly known as "Meals on Wheels" or

22  "Mobile Meals", or

23  b. is exempt from taxation pursuant to the provisions of

24  Section 501(c)(3) of the Internal Revenue Code of

    Req. No. 14050                                                 Page 5
1   1986, as amended, 26 U.S.C., Section 501(c)(3), and

2   which receives federal funding pursuant to the Older

3   Americans Act of 1965, as amended, for the purpose of

4   providing nutrition programs for the care and benefit

5   of elderly persons;

6   14. a. Sales of tangible personal property or services to or

7   by organizations which are exempt from taxation

8   pursuant to the provisions of Section 501(c)(3) of the

9   Internal Revenue Code of 1986, as amended, 26 U.S.C.,

10  Section 501(c)(3), and:

11  (1) are primarily involved in the collection and

12                  distribution of food and other household products

13                  to other organizations that facilitate the

14                  distribution of such products to the needy and

15                  such distributee organizations are exempt from

16                  taxation pursuant to the provisions of Section

17                  501(c)(3) of the Internal Revenue Code of 1986,

18                  as amended, 26 U.S.C., Section 501(c)(3), or

19  (2) facilitate the distribution of such products to

20                  the needy.

21  b. Sales made in the course of business for profit or

22  savings, competing with other persons engaged in the

23  same or similar business shall not be exempt under

24  this paragraph;

    Req. No. 14050                                                Page 6
1   15. Sales of tangible personal property or services to

2 children's homes which are located on church-owned property and are

3 operated by organizations exempt from taxation pursuant to the

4 provisions of the Internal Revenue Code of 1986, as amended, 26

5 U.S.C., Section 501(c)(3);

6   16. Sales of computers, data processing equipment, related

7 peripherals, and telephone, telegraph or telecommunications service

8 and equipment for use in a qualified aircraft maintenance or

9 manufacturing facility. For purposes of this paragraph, "qualified

10 aircraft maintenance or manufacturing facility" means a new or

11 expanding facility primarily engaged in aircraft repair, building or

12 rebuilding, whether or not on a factory basis, whose total cost of

13 construction exceeds the sum of Five Million Dollars ($5,000,000.00)

14 and which employs at least two hundred fifty new full-time-

15 equivalent employees, as certified by the Oklahoma Employment

16 Security Commission, upon completion of the facility. In order to

17 qualify for the exemption provided for by this paragraph, the cost

18 of the items purchased by the qualified aircraft maintenance or

19 manufacturing facility shall equal or exceed the sum of Two Million

20 Dollars ($2,000,000.00);

21  17. Sales of tangible personal property consumed or

22 incorporated in the construction or expansion of a qualified

23 aircraft maintenance or manufacturing facility as defined in

24 paragraph 16 of this section. For purposes of this paragraph, sales

    Req. No. 14050                                                  Page 7
1 made to a contractor or subcontractor that has previously entered

2 into a contractual relationship with a qualified aircraft

3 maintenance or manufacturing facility for construction or expansion

4 of such a facility shall be considered sales made to a qualified

5 aircraft maintenance or manufacturing facility;

6   18. Sales of the following telecommunications services:

7   a. interstate and international 800 service. "800

8   service" means a telecommunications service that

9   allows a caller to dial a toll-free number without

10  incurring a charge for the call. The service is

11  typically marketed under the name "800", "855", "866",

12  "877" and "888" toll-free calling, and any subsequent

13  numbers designated by the Federal Communications

14  Commission,

15  b. interstate and international 900 service. "900

16  service" means an inbound toll telecommunications

17  service purchased by a subscriber that allows the

18  subscriber's customers to call in to the subscriber's

19  prerecorded announcement or live service. 900 service

20  does not include the charge for: collection services

21  provided by the seller of the telecommunications

22  services to the subscriber, or service or product sold

23  by the subscriber to the subscriber's customer. The

24  service is typically marketed under the name "900"

    Req. No. 14050                                           Page 8
1   service, and any subsequent numbers designated by the

2   Federal Communications Commission,

3   c. interstate and international private communications

4   service. "Private communications service" means a

5   telecommunications service that entitles the customer

6   to exclusive or priority use of a communications

7   channel or group of channels between or among

8   termination points, regardless of the manner in which

9   such channel or channels are connected, and includes

10  switching capacity, extension lines, stations and any

11  other associated services that are provided in

12  connection with the use of such channel or channels,

13  d. value-added nonvoice data service. "Value-added

14  nonvoice data service" means a service that otherwise

15  meets the definition of telecommunications services in

16  which computer processing applications are used to act

17  on the form, content, code or protocol of the

18  information or data primarily for a purpose other than

19  transmission, conveyance, or routing,

20  e. interstate and international telecommunications

21  service which is:

22  (1) rendered by a company for private use within its

23                  organization, or

24

    Req. No. 14050                                      Page 9
1   (2) used, allocated or distributed by a company to

2                   its affiliated group,

3   f. regulatory assessments and charges including charges

4   to fund the Oklahoma Universal Service Fund, the

5   Oklahoma Lifeline Fund and the Oklahoma High Cost

6   Fund, and

7   g. telecommunications nonrecurring charges including but

8   not limited to the installation, connection, change,

9   or initiation of telecommunications services which are

10  not associated with a retail consumer sale;

11  19. Sales of railroad track spikes manufactured and sold for

12 use in this state in the construction or repair of railroad tracks,

13 switches, sidings, and turnouts;

14  20. Sales of aircraft and aircraft parts provided such sales

15 occur at a qualified aircraft maintenance facility. As used in this

16 paragraph, "qualified aircraft maintenance facility" means a

17 facility operated by an air common carrier including one or more

18 component overhaul support buildings or structures in an area owned,

19 leased, or controlled by the air common carrier, at which there were

20 employed at least two thousand full-time-equivalent employees in the

21 preceding year as certified by the Oklahoma Employment Security

22 Commission and which is primarily related to the fabrication,

23 repair, alteration, modification, refurbishing, maintenance,

24 building, or rebuilding of commercial aircraft or aircraft parts

    Req. No. 14050                                                Page 10
1 used in air common carriage. For purposes of this paragraph, "air

2 common carrier" shall also include members of an affiliated group as

3 defined by Section 1504 of the Internal Revenue Code of 1986, as

4 amended, 26 U.S.C., Section 1504. Beginning July 1, 2012, the

5 exemption shall include sales of machinery, tools, supplies,

6 equipment, and related tangible personal property and services used

7 or consumed in the repair, remodeling, or maintenance of aircraft,

8 aircraft engines or aircraft component parts which occur at a

9 qualified aircraft maintenance facility;

10  21. Sales of machinery and equipment purchased and used by

11 persons and establishments primarily engaged in computer services

12 and data processing:

13  a. as defined under Industry Group Numbers 7372 and 7373

14  of the Standard Industrial Classification (SIC)

15  Manual, latest version, which derive at least fifty

16  percent (50%) of their annual gross revenues from the

17  sale of a product or service to an out-of-state buyer

18  or consumer, and

19  b. as defined under Industry Group Number 7374 of the SIC

20  Manual, latest version, which derive at least eighty

21  percent (80%) of their annual gross revenues from the

22  sale of a product or service to an out-of-state buyer

23  or consumer.

24

    Req. No. 14050                                               Page 11
1   Eligibility for the exemption set out in this paragraph shall be

2 established, subject to review by the Tax Commission, by annually

3 filing an affidavit with the Tax Commission stating that the

4 facility so qualifies and such information as required by the Tax

5 Commission. For purposes of determining whether annual gross

6 revenues are derived from sales to out-of-state buyers or consumers,

7 all sales to the federal government shall be considered to be to an

8 out-of-state buyer or consumer;

9   22. Sales of prosthetic devices to an individual for use by

10 such individual. For purposes of this paragraph, "prosthetic

11 device" shall have the same meaning as provided in Section 1357.6 of

12 this title, but shall not include corrective eye glasses, contact

13 lenses, or hearing aids;

14  23. Sales of tangible personal property or services to a motion

15 picture or television production company to be used or consumed in

16 connection with an eligible production. For purposes of this

17 paragraph, "eligible production" means a documentary, special, music

18 video or a television commercial or television program that will

19 serve as a pilot for or be a segment of an ongoing dramatic or

20 situation comedy series filmed or taped for network or national or

21 regional syndication or a feature-length motion picture intended for

22 theatrical release or for network or national or regional

23 syndication or broadcast. The provisions of this paragraph shall

24 apply to sales occurring on or after July 1, 1996. In order to

    Req. No. 14050                                                 Page 12
1 qualify for the exemption, the motion picture or television

2 production company shall file any documentation and information

3 required to be submitted pursuant to rules promulgated by the Tax

4 Commission;

5   24. Sales of diesel fuel sold for consumption by commercial

6 vessels, barges and other commercial watercraft;

7   25. Sales of tangible personal property or services to tax-

8 exempt independent nonprofit biomedical research foundations that

9 provide educational programs for Oklahoma science students and

10 teachers and to tax-exempt independent nonprofit community blood

11 banks headquartered in this state;

12  26. Effective May 6, 1992, sales of wireless telecommunications

13 equipment to a vendor who subsequently transfers the equipment at no

14 charge or for a discounted charge to a consumer as part of a

15 promotional package or as an inducement to commence or continue a

16 contract for wireless telecommunications services;

17  27. Effective January 1, 1991, leases of rail transportation

18 cars to haul coal to coal-fired plants located in this state which

19 generate electric power;

20  28. Beginning July 1, 2005, sales of aircraft engine repairs,

21 modification, and replacement parts, sales of aircraft frame repairs

22 and modification, aircraft interior modification, and paint, and

23 sales of services employed in the repair, modification, and

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    Req. No. 14050                                                Page 13
1 replacement of parts of aircraft engines, aircraft frame and

2 interior repair and modification, and paint;

3   29. Sales of materials and supplies to the owner or operator of

4 a ship, motor vessel, or barge that is used in interstate or

5 international commerce if the materials and supplies:

6   a. are loaded on the ship, motor vessel, or barge and

7   used in the maintenance and operation of the ship,

8   motor vessel, or barge, or

9   b. enter into and become component parts of the ship,

10  motor vessel, or barge;

11  30. Sales of tangible personal property made at estate sales at

12 which such property is offered for sale on the premises of the

13 former residence of the decedent by a person who is not required to

14 be licensed pursuant to the Transient Merchant Licensing Act, or who

15 is not otherwise required to obtain a sales tax permit for the sale

16 of such property pursuant to the provisions of Section 1364 of this

17 title; provided:

18  a. such sale or event may not be held for a period

19  exceeding three (3) consecutive days,

20  b. the sale must be conducted within six (6) months of

21  the date of death of the decedent, and

22  c. the exemption allowed by this paragraph shall not be

23  allowed for property that was not part of the

24  decedent's estate;

    Req. No. 14050                                                 Page 14
1   31. Beginning January 1, 2004, sales of electricity and

2 associated delivery and transmission services, when sold exclusively

3 for use by an oil and gas operator for reservoir dewatering projects

4 and associated operations commencing on or after July 1, 2003, in

5 which the initial water-to-oil ratio is greater than or equal to

6 five-to-one water-to-oil, and such oil and gas development projects

7 have been classified by the Corporation Commission as a reservoir

8 dewatering unit;

9   32. Sales of prewritten computer software that is delivered

10 electronically. For purposes of this paragraph, "delivered

11 electronically" means delivered to the purchaser by means other than

12 tangible storage media;

13  33. Sales of modular dwelling units when built at a production

14 facility and moved in whole or in parts, to be assembled on-site,

15 and permanently affixed to the real property and used for

16 residential or commercial purposes. The exemption provided by this

17 paragraph shall equal forty-five percent (45%) of the total sales

18 price of the modular dwelling unit. For purposes of this paragraph,

19 "modular dwelling unit" means a structure that is not subject to the

20 motor vehicle excise tax imposed pursuant to Section 2103 of this

21 title;

22  34. Sales of tangible personal property or services to:

23         a. persons who are residents of Oklahoma and have been

24         honorably discharged from active service in any branch

    Req. No. 14050                                             Page 15
1   of the Armed Forces of the United States or Oklahoma

2   National Guard and who have been certified by the

3   United States Department of Veterans Affairs or its

4   successor to be in receipt of disability compensation

5   at the one-hundred-percent rate and the disability

6   shall be permanent and have been sustained through

7   military action or accident or resulting from disease

8   contracted while in such active service and registered

9   with the veterans registry created by the Oklahoma

10  Department of Veterans Affairs, or

11  b. the surviving spouse of the person in subparagraph a

12  of this paragraph if the person is deceased and the

13  spouse has not remarried and the surviving spouse of a

14  person who is determined by the United States

15  Department of Defense or any branch of the United

16  States military to have died while in the line of duty

17  if the spouse has not remarried. Sales for the

18  benefit of an eligible person to a spouse of the

19  eligible person or to a member of the household in

20  which the eligible person resides and who is

21  authorized to make purchases on the person's behalf,

22  when such eligible person is not present at the sale,

23  shall also be exempt for purposes of this paragraph.

24  The Oklahoma Tax Commission shall issue a separate

    Req. No. 14050                                    Page 16
1   exemption card to a spouse of an eligible person or to

2   a member of the household in which the eligible person

3   resides who is authorized to make purchases on the

4   person's behalf, if requested by the eligible person.

5   Sales qualifying for the exemption authorized by this

6   paragraph shall not exceed Twenty-five Thousand

7   Dollars ($25,000.00) per year per individual while the

8   disabled veteran is living. Sales qualifying for the

9   exemption authorized by this paragraph shall not

10  exceed One Thousand Dollars ($1,000.00) per year for

11  an unremarried surviving spouse. Upon request of the

12  Tax Commission, a person asserting or claiming the

13  exemption authorized by this paragraph shall provide a

14  statement, executed under oath, that the total sales

15  amounts for which the exemption is applicable have not

16  exceeded Twenty-five Thousand Dollars ($25,000.00) per

17  year per living disabled veteran or One Thousand

18  Dollars ($1,000.00) per year for an unremarried

19  surviving spouse. If the amount of such exempt sales

20  exceeds such amount, the sales tax in excess of the

21  authorized amount shall be treated as a direct sales

22  tax liability and may be recovered by the Tax

23  Commission in the same manner provided by law for

24  other taxes including penalty and interest. The Tax

    Req. No. 14050                                    Page 17
1   Commission shall promulgate any rules necessary to

2   implement the provisions of this paragraph, which

3   shall include rules providing for the disclosure of

4   information about persons eligible for the exemption

5   authorized in this paragraph to the Oklahoma

6   Department of Veterans Affairs, as authorized in

7   Section 205 of this title. For purposes of the

8   exemption authorized by this subparagraph, if the

9   disability determination that would have been made

10  while the disabled veteran was still living is not

11  made final until after the death of the disabled

12  veteran, the exemption authorized by this subparagraph

13  may still be claimed by the surviving spouse;

14  35. Sales of electricity to the operator, specifically

15 designated by the Corporation Commission, of a spacing unit or lease

16 from which oil is produced or attempted to be produced using

17 enhanced recovery methods including, but not limited to, increased

18 pressure in a producing formation through the use of water or

19 saltwater if the electrical usage is associated with and necessary

20 for the operation of equipment required to inject or circulate

21 fluids in a producing formation for the purpose of forcing oil or

22 petroleum into a wellbore for eventual recovery and production from

23 the wellhead. In order to be eligible for the sales tax exemption

24 authorized by this paragraph, the total content of oil recovered

    Req. No. 14050                                                Page 18
1 after the use of enhanced recovery methods shall not exceed one

2 percent (1%) by volume. The exemption authorized by this paragraph

3 shall be applicable only to the state sales tax rate and shall not

4 be applicable to any county or municipal sales tax rate;

5   36. Sales of intrastate charter and tour bus transportation.

6 As used in this paragraph, "intrastate charter and tour bus

7 transportation" means the transportation of persons from one

8 location in this state to another location in this state in a motor

9 vehicle which has been constructed in such a manner that it may

10 lawfully carry more than eighteen persons, and which is ordinarily

11 used or rented to carry persons for compensation. Provided, this

12 exemption shall not apply to regularly scheduled bus transportation

13 for the general public;

14  37. Sales of vitamins, minerals, and dietary supplements by a

15 licensed chiropractor to a person who is the patient of such

16 chiropractor at the physical location where the chiropractor

17 provides chiropractic care or services to such patient. The

18 provisions of this paragraph shall not be applicable to any drug,

19 medicine, or substance for which a prescription by a licensed

20 physician is required;

21  38. Sales of goods, wares, merchandise, tangible personal

22 property, machinery, and equipment to a web search portal located in

23 this state which derives at least eighty percent (80%) of its annual

24 gross revenue from the sale of a product or service to an out-of-

    Req. No. 14050                                                Page 19
1 state buyer or consumer. For purposes of this paragraph, "web

2 search portal" means an establishment classified under North

3 American Industry Classification System (NAICS) code 519130 which

4 operates websites that use a search engine to generate and maintain

5 extensive databases of Internet addresses and content in an easily

6 searchable format;

7   39. Sales of tangible personal property consumed or

8 incorporated in the construction or expansion of a facility for a

9 corporation organized under Section 437 et seq. of Title 18 of the

10 Oklahoma Statutes as a rural electric cooperative. For purposes of

11 this paragraph, sales made to a contractor or subcontractor that has

12 previously entered into a contractual relationship with a rural

13 electric cooperative for construction or expansion of a facility

14 shall be considered sales made to a rural electric cooperative;

15  40. Sales of tangible personal property or services to a

16 business primarily engaged in the repair of consumer electronic

17 goods including, but not limited to, cell phones, compact disc

18 players, personal computers, MP3 players, digital devices for the

19 storage and retrieval of information through hard-wired or wireless

20 computer or Internet connections, if the devices are sold to the

21 business by the original manufacturer of such devices and the

22 devices are repaired, refitted or refurbished for sale by the entity

23 qualifying for the exemption authorized by this paragraph directly

24

    Req. No. 14050                                                 Page 20
1 to retail consumers or if the devices are sold to another business

2 entity for sale to retail consumers;

3   41. On or after July 1, 2019, and prior to July 1, 2024, sales

4 or leases of rolling stock when sold or leased by the manufacturer,

5 regardless of whether the purchaser is a public services corporation

6 engaged in business as a common carrier of property or passengers by

7 railway, for use or consumption by a common carrier directly in the

8 rendition of public service. For purposes of this paragraph,

9 "rolling stock" means locomotives, autocars, and railroad cars and

10 "sales or leases" includes railroad car maintenance and retrofitting

11 of railroad cars for their further use only on the railways;

12  42. Sales of gold, silver, platinum, palladium or other bullion

13 items such as coins and bars and legal tender of any nation, which

14 legal tender is sold according to its value as precious metal or as

15 an investment. As used in the paragraph, "bullion" means any

16 precious metal including, but not limited to, gold, silver,

17 platinum, and palladium, that is in such a state or condition that

18 its value depends upon its precious metal content and not its form.

19 The exemption authorized by this paragraph shall not apply to

20 fabricated metals that have been processed or manufactured for

21 artistic use or as jewelry;

22  43. Recovery fees on the rental charge from any item of heavy

23 equipment property rental as provided for in Section 2807.11 of this

24 title; and

    Req. No. 14050                                                 Page 21
1   44. Sales of firearm safety devices and gun safety devices. As

2 used in this paragraph:

3   a. "firearm safety device" means a gun safe, gun case,

4   gun lock box, trigger lock, barrel lock, or other

5   device that is designed to be used to store a firearm

6   and that is designed to be unlocked only by means of a

7   key, combination, or other similar means, and

8   b. "gun safety device" means any integral device to be

9   equipped or installed on a firearm that permits a user

10  to program the firearm to operate only for specified

11  persons designated by the user through computerized

12  locking devices or other means integral to and

13  permanently part of the firearm; and

14  45. The gross receipts from the retail sales of diapers

15 intended for use by infants and young children. For the purposes of

16 this exemption, "diapers" shall be defined as any absorbent garment,

17 including disposable and reuseable products, designed, manufactured,

18 processed, or packaged for use by infants, toddlers, and young

19 children who cannot control their bladder or bowel movements. This

20 shall include, but is not limited to, disposable diapers, cloth

21 diapers, and reuseable diaper inserts.

22  SECTION 2. This act shall become effective July 1, 2026.

23  SECTION 3. It being immediately necessary for the preservation

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

    Req. No. 14050                                                 Page 22
1 declared to exist, by reason whereof this act shall take effect and

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

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    Req. No. 14050                                           Page 23
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