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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1123 By: Standridge
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6 AS INTRODUCED
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7 An Act relating to municipal taxation; amending 68
7 O.S. 2021, Section 2702, which relates to contractual
8 agreements to assess, collect, and enforce taxes and
8 penalties; providing exception to requirement that
9 the Oklahoma Tax Commission place collections into
9 certain account; providing exception to requirement
10 that the Commission deem certain funds held in trust;
10 defining term; authorizing the Attorney General to
11 determine if a municipality is impeding enforcement
11 of immigration law; providing basis for
12 determination; requiring certain notification;
12 requiring the Commission to place certain funds in
13 special account upon notification; providing for the
13 allocation of funds upon notification; providing for
14 codification; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 68 O.S. 2021, Section 2702, is
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19 amended to read as follows:
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20 Section 2702. A. The governing body of any incorporated city
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21 or town and the Oklahoma Tax Commission shall enter into contractual
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22 agreements whereby the Tax Commission shall have authority to
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23 assess, to collect and to enforce any taxes or, penalties or
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24 interest thereon, levied by such incorporated city or town, and
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1 remit the same to such municipality. Said assessment, collection,
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2 and enforcement authority shall apply to any taxes, penalty or
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3 interest liability existing at the time of contracting. Upon
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4 contracting, the Tax Commission shall have all the powers of
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5 enforcement in regard to such taxes, penalties and interest as are
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6 granted to or vested in the contracting municipality. Such
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7 agreement shall provide for the assessment, collection, enforcement,
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8 and prosecution of such municipal tax, penalties and interest, in
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9 the same manner as and in accordance with the administration,
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10 collection, enforcement, and prosecution by the Tax Commission of
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11 any similar state tax except as provided by agreement. Such
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12 agreement shall authorize the Tax Commission to retain an amount not
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13 to exceed one-half of one percent (0.5%) as a retention fee of
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14 municipal tax collected for services rendered in connection with
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15 such collections; provided, if a municipality files an action
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16 resulting in collection of delinquent state and municipal taxes, the
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17 Tax Commission shall remit one-half (1/2) of the retention fee
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18 applied to the amount of such taxes to the municipality to be
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19 apportioned as are other sales tax revenue. All funds retained by
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20 the Tax Commission for the collection services to municipalities
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21 shall be deposited in the Oklahoma Tax Commission Revolving Fund in
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22 the State Treasury. The municipality shall agree to refrain from
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23 any assessment, collection, or enforcement of the municipal tax
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1 except as specified in an agreement made pursuant to subsections A,
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2 C, D and E of this section.
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3 B. The Except as provided for in Section 2 of this act, the Tax
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4 Commission shall place all sales taxes, including penalties and
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5 interest, collected on behalf of a municipality pursuant to the
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6 provisions of this section and all use taxes, including penalties
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7 and interest, collected on behalf of a municipality pursuant to the
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8 provisions of Section 1411 of this title in the Sales Tax Remitting
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9 Account as provided in Section 1373 of this title.
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10 C. Notwithstanding the provisions of subsection E of this
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11 section, the Tax Commission and the governing body of any
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12 incorporated city or town may enter into contractual agreements
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13 whereby the municipality would be authorized to implement or augment
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14 the enforcement, collection and prosecution of the municipal tax in
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15 those contracting municipalities and to provide for the satisfaction
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16 of refunds or credits to taxpayers. Such agreements shall and are
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17 hereby authorized to provide that the municipality and the Tax
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18 Commission may exchange necessary information to effectively carry
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19 out the terms of such agreements. The municipality, its officers
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20 and employees shall preserve the confidentiality of such information
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21 in the same manner and be subject to the same penalties as provided
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22 by Section 205 of this title, provided that the municipal prosecutor
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23 and other municipal enforcement personnel may receive all
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1 information necessary to implement or augment the enforcement and
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2 prosecution of municipal sales tax ordinances.
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3 D. Provided further that, upon the request of any incorporated
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4 city or town, the Tax Commission shall enter into contractual
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5 agreements with such municipality whereby the municipality would be
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6 authorized to implement or augment the enforcement, either directly
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7 or through contract with private auditors or audit firms, of the
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8 municipal tax. Any person performing an audit shall first be
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9 approved by the Tax Commission and, once approved, shall be
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10 appointed as an agent of the Tax Commission for purposes of the
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11 audit. Contracts with a private auditor or audit firm shall not be
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12 subject to the limitations of Section 262 of this title and shall
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13 and are hereby authorized to provide that the municipality, private
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14 auditors or audit firms and the Tax Commission may exchange
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15 necessary information to effectively carry out the terms of such
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16 agreements. The municipality, its officers and employees and
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17 private auditors or audit firms may receive all information
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18 necessary to perform audits and shall preserve the confidentiality
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19 of such information in the same manner and be subject to the same
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20 penalties as provided by Section 205 of this title. Municipalities
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21 conducting audits directly or by contracting for private auditors or
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22 audit firms pursuant to this subsection shall furnish to the Tax
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23 Commission the audit results and all relevant supporting
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24 documentation. Further, such municipalities shall provide for the
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1 payment of private auditors or audit firms by deduction from the tax
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2 assessment resulting from the audit conducted by said private
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3 auditors or audit firms unless a municipality contracts with the
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4 auditor or audit firm for another method of payment. Any municipal
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5 sales tax funds recovered as a result of the services provided under
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6 this subsection will not be included in calculating the retention
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7 fee retained by the Tax Commission pursuant to subsection A of this
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8 section. The contracts authorized by subsection A of this section
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9 shall provide that the Tax Commission shall not have any obligations
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10 thereunder to any municipality that does not participate in an audit
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11 conducted under this subsection.
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12 E. 1. Pursuant to the provisions of this subsection, upon the
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13 request of any municipality, the Tax Commission shall enter into a
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14 contractual agreement with the municipality whereby the municipality
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15 would be authorized to engage in compliance activities, either
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16 directly or through contract with private persons or entities, to
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17 augment the collection of the municipal tax by the Tax Commission.
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18 The sole responsibility for the administration of any and all such
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19 compliance activities shall remain with the Tax Commission to ensure
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20 that sellers and purchasers shall only be required to register, file
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21 returns, and remit state and local taxes to one single authority,
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22 and that no enforcement activities are duplicated.
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23 2. Any contractual agreement entered into pursuant to paragraph
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24 1 of this subsection and any person or entity who will be performing
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1 compliance activities shall first be approved by the Tax Commission
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2 in its sole discretion. Once approved, the private person or entity
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3 shall be appointed as an agent of the Tax Commission for purposes of
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4 such compliance activities. Any agreements entered into pursuant to
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5 paragraph 1 of this subsection shall provide that the municipality,
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6 private persons or entities appointed as an agent and the Tax
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7 Commission may exchange necessary information to effectively carry
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8 out the terms of the agreements. The municipality, its officers and
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9 employees and any private person or entity appointed as an agent of
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10 the Tax Commission may receive all information necessary for
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11 compliance activities and shall preserve the confidentiality of the
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12 information in the same manner and be subject to the same penalties
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13 as provided by Section 205 of this title. Municipalities conducting
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14 compliance activities directly or by contracting with private
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15 persons or entities pursuant to this subsection shall furnish to the
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16 Tax Commission the compliance results and all relevant supporting
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17 documentation and the Tax Commission shall take such information and
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18 issue proposed assessments or conduct other such administrative
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19 action as is necessary.
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20 3. There is hereby created in the State Treasury a revolving
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21 fund for the Oklahoma Tax Commission to be known as the "Tax
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22 Commission Compliance Fund". The fund shall be a continuing fund,
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23 not subject to fiscal year limitations, and notwithstanding any
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24 other provisions of law, shall consist of the first three-fourths of
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1 one percent (3/4 of 1%) of enhanced collections of state sales and
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2 use taxes collected pursuant to an agreement entered into pursuant
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3 to paragraph 1 of this subsection. All monies accruing to the
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4 credit of the fund are hereby appropriated and may be budgeted and
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5 expended by the Oklahoma Tax Commission for the purpose of
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6 reimbursing a municipality for enhanced collections of state sales
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7 taxes pursuant to an agreement entered into pursuant to paragraph 1
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8 of this subsection. Expenditures from the fund shall be made upon
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9 warrants issued by the State Treasurer against claims filed as
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10 prescribed by law with the Director of the Office of Management and
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11 Enterprise Services for approval and payment.
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12 4. The Director of the Office of Management and Enterprise
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13 Services shall form an Implementation Working Group composed of
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14 representatives of municipalities and of the Tax Commission and
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15 shall adopt a plan to implement this subsection by September 30,
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16 2011. The plan shall ensure that the Tax Commission shall maintain
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17 a central point of collection and centralized administration and
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18 enforcement and further shall be consistent with all applicable
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19 state laws.
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20 F. Any Except as provided for in Section 2 of this act, any sum
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21 or sums collected or required to be collected pursuant to a
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22 municipal sales tax levy shall be deemed to be held in trust for the
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23 municipality, and, as trustee, the collecting vendor shall have a
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1 fiduciary duty to the municipality in regards to such sums and shall
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2 be subject to the trust laws of this state.
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3 SECTION 2. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 2702.2 of Title 68, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. As used in this section, "sanctuary city" means a city with
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7 any ordinance or directive to impede or limit cooperation with the
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8 federal government in the enforcement of immigration law or any
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9 ordinance or directive to aid or abet any individual in furtherance
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10 of violating immigration law.
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11 B. The Attorney General may determine if a municipality is
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12 obstructing the federal government from the enforcement of
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13 immigration law, knowingly aiding or abetting any individual in
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14 furtherance of a violation of any immigration law, or declaring
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15 itself a sanctuary city.
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16 C. The determination shall be based on an investigation by the
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17 Attorney General or information provided to the Attorney General by
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18 federal departments, federal law enforcement agencies, or state or
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19 local law enforcement agencies.
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20 D. If a determination is made pursuant to subsection B of this
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21 section, the Attorney General shall notify the Oklahoma Tax
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22 Commission. If the Attorney General determines that such
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23 municipality is no longer taking any actions described in subsection
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24 B of this section, the Attorney General shall notify the Commission.
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1 If a determination is made that a municipality took any action
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2 described in subsection B of this section, and the municipality has
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3 an agreement with the Oklahoma Tax Commission for the collection and
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4 enforcement of tax levies pursuant to the provisions of Section 2702
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5 or 2702.1 of Title 68 of the Oklahoma Statutes, the Commission shall
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6 place all sales and lodging taxes, including penalties and interest,
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7 collected on behalf of the municipality in an agency special account
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8 designated for this purpose. The Commission shall continue to place
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9 all collections in the special account until notified by the
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10 Attorney General that the municipality is no longer taking any
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11 action described in subsection B of this section. Upon such
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12 notification, the Commission shall allocate all collections as
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13 prescribed by Sections 2702 and 2702.1 of Title 68 of the Oklahoma
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14 Statutes.
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15 SECTION 3. This act shall become effective November 1, 2025.
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17 60-1-746 QD 1/16/2025 3:54:56 PM
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