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Oklahoma Legislature· SB 50Becomes law without Governor's signature 05/29/2025

An act relating to sales tax, the official text

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1                 STATE OF OKLAHOMA

1

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

2

3 SENATE BILL 50              By: Dossett
3

4

4

5

5

6                 AS INTRODUCED

6

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

7         Section 1357, as last amended by Section 4, Chapter

8         363, O.S.L. 2024 (68 O.S. Supp. 2024, Section 1357),

8         which relates to exemptions; updating statutory

9         references; updating statutory language; providing

9         exemption for firearm and gun safety devices;

10        defining terms; and providing an effective date.

10

11

11

12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12

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

13

14 last amended by Section 4, Chapter 363, O.S.L. 2024 (68 O.S. Supp.
14

15 2024, Section 1357), is amended to read as follows:
15

16  Section 1357. Exemptions � General. There are hereby

16

17 specifically exempted from the tax levied by the Oklahoma Sales Tax
17

18 Code:
18

19  1. Transportation of school pupils to and from elementary

19

20 schools or high schools in motor or other vehicles;
20

21  2. Transportation of persons where the fare of each person does

21

22 not exceed One Dollar ($1.00), or local transportation of persons
22

23 within the corporate limits of a municipality except by taxicabs;
23

24

24

    Req. No. 499                                               Page 1
1   3. Sales for resale to persons engaged in the business of

1

2 reselling the articles purchased, whether within or without the
2

3 state, provided that such sales to residents of this state are made
3

4 to persons to whom sales tax permits have been issued as provided in
4

5 the Oklahoma Sales Tax Code. This exemption shall not apply to the
5

6 sales of articles made to persons holding permits when such persons
6

7 purchase items for their use and which they are not regularly
7

8 engaged in the business of reselling; neither shall this exemption
8

9 apply to sales of tangible personal property to peddlers, solicitors
9

10 and other salespersons who do not have an established place of
10

11 business and a sales tax permit. The exemption provided by this
11

12 paragraph shall apply to sales of motor fuel or diesel fuel to a
12

13 Group Five vendor, but the use of such motor fuel or diesel fuel by
13

14 the Group Five vendor shall not be exempt from the tax levied by the
14

15 Oklahoma Sales Tax Code. The purchase of motor fuel or diesel fuel
15

16 is exempt from sales tax when the motor fuel is for shipment outside
16

17 this state and consumed by a common carrier by rail in the conduct
17

18 of its business. The sales tax shall apply to the purchase of motor
18

19 fuel or diesel fuel in Oklahoma by a common carrier by rail when
19

20 such motor fuel is purchased for fueling, within this state, of any
20

21 locomotive or other motorized flanged wheel equipment;
21

22  4. Sales of advertising space in newspapers and periodicals;

22

23  5. Sales of programs relating to sporting and entertainment

23

24 events, and sales of advertising on billboards (including signage,
24

    Req. No. 499                                           Page 2
1 posters, panels, marquees or on other similar surfaces, whether
1

2 indoors or outdoors) or in programs relating to sporting and
2

3 entertainment events, and sales of any advertising, to be displayed
3

4 at or in connection with a sporting event, via the Internet,
4

5 electronic display devices or through public address or broadcast
5

6 systems. The exemption authorized by this paragraph shall be
6

7 effective for all sales made on or after January 1, 2001;
7

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

8

9 described by paragraph 5 of this section, via the Internet,
9

10 electronic display devices or through the electronic media including
10

11 radio, public address or broadcast systems, television (whether
11

12 through closed circuit broadcasting systems or otherwise), and cable
12

13 and satellite television, and the servicing of any advertising
13

14 devices;
14

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

15

16 persons regularly engaged in the business of raising worms, fish,
16

17 any insect, or any other form of terrestrial or aquatic animal life
17

18 and used for the purpose of raising same for marketing. This
18

19 exemption shall only be granted and extended to the purchaser when
19

20 the items are to be used and in fact are used in the raising of
20

21 animal life as set out above. Each purchaser shall certify, in
21

22 writing, on the invoice or sales ticket retained by the vendor that
22

23 the purchaser is regularly engaged in the business of raising such
23

24 animal life and that the items purchased will be used only in such
24

    Req. No. 499                                               Page 3
1 business. The vendor shall certify to the Oklahoma Tax Commission
1

2 that the price of the items has been reduced to grant the full
2

3 benefit of the exemption. Violation hereof by the purchaser or
3

4 vendor shall be a misdemeanor;
4

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

5

6 associated delivery or transmission services, when sold exclusively
6

7 for residential use. Provided, this exemption shall not apply to
7

8 any sales tax levied by a city or town, or a county or any other
8

9 jurisdiction in this state;
9

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

10

11 of this title, sales of drugs sold pursuant to a prescription
11

12 written for the treatment of human beings by a person licensed to
12

13 prescribe the drugs, and sales of insulin and medical oxygen.
13

14 Provided, this exemption shall not apply to over-the-counter drugs;
14

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

15

16 filled, or filled returnable oil and chemical drums to any person
16

17 who is not regularly engaged in the business of selling, reselling
17

18 or otherwise transferring empty, partially filled or filled
18

19 returnable oil drums;
19

20  11. Sales of one-way utensils, paper napkins, paper cups,

20

21 disposable hot containers, and other one-way carry out materials to
21

22 a vendor of meals or beverages;
22

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

23

24 are purchased in whole or in part with coupons issued pursuant to
24

    Req. No. 499                                                Page 4
1 the federal food stamp program as authorized by Sections 2011
1

2 through 2029 2036d of Title 7 of the United States Code, as to that
2

3 portion purchased with such coupons. The exemption provided for
3

4 such sales shall be inapplicable to such sales upon the effective
4

5 date of any federal law that removes the requirement of the
5

6 exemption as a condition for participation by the state in the
6

7 federal food stamp program;
7

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

8

9 supplies used in the preparation of the food or food products to or
9

10 by an organization which:
10

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

11

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

12

13                1986, as amended, 26 U.S.C., Section 501(c)(3), and

13

14                which provides and delivers prepared meals for home

14

15                consumption to elderly or homebound persons as part of

15

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

16

17                "Mobile Meals", or

17

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

18

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

19

20                1986, as amended, 26 U.S.C., Section 501(c)(3), and

20

21                which receives federal funding pursuant to the Older

21

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

22

23                providing nutrition programs for the care and benefit

23

24                of elderly persons;

24

    Req. No. 499                                               Page 5
1   14. a. Sales of tangible personal property or services to or

1

2                 by organizations which are exempt from taxation

2

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

3

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

4

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

5

6                 (1) are primarily involved in the collection and

6

7                 distribution of food and other household products

7

8                 to other organizations that facilitate the

8

9                 distribution of such products to the needy and

9

10                such distributee organizations are exempt from

10

11                taxation pursuant to the provisions of Section

11

12                501(c)(3) of the Internal Revenue Code of 1986,

12

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

13

14                (2) facilitate the distribution of such products to

14

15                the needy.

15

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

16

17                savings, competing with other persons engaged in the

17

18                same or similar business shall not be exempt under

18

19                this paragraph;

19

20  15. Sales of tangible personal property or services to

20

21 children's homes which are located on church-owned property and are
21

22 operated by organizations exempt from taxation pursuant to the
22

23 provisions of the Internal Revenue Code of 1986, as amended, 26
23

24 U.S.C., Section 501(c)(3);
24

    Req. No. 499                                            Page 6
1   16. Sales of computers, data processing equipment, related

1

2 peripherals, and telephone, telegraph or telecommunications service
2

3 and equipment for use in a qualified aircraft maintenance or
3

4 manufacturing facility. For purposes of this paragraph, "qualified
4

5 aircraft maintenance or manufacturing facility" means a new or
5

6 expanding facility primarily engaged in aircraft repair, building or
6

7 rebuilding, whether or not on a factory basis, whose total cost of
7

8 construction exceeds the sum of Five Million Dollars ($5,000,000.00)
8

9 and which employs at least two hundred fifty (250) new full-time-
9

10 equivalent employees, as certified by the Oklahoma Employment
10

11 Security Commission, upon completion of the facility. In order to
11

12 qualify for the exemption provided for by this paragraph, the cost
12

13 of the items purchased by the qualified aircraft maintenance or
13

14 manufacturing facility shall equal or exceed the sum of Two Million
14

15 Dollars ($2,000,000.00);
15

16  17. Sales of tangible personal property consumed or

16

17 incorporated in the construction or expansion of a qualified
17

18 aircraft maintenance or manufacturing facility as defined in
18

19 paragraph 16 of this section. For purposes of this paragraph, sales
19

20 made to a contractor or subcontractor that has previously entered
20

21 into a contractual relationship with a qualified aircraft
21

22 maintenance or manufacturing facility for construction or expansion
22

23 of such a facility shall be considered sales made to a qualified
23

24 aircraft maintenance or manufacturing facility;
24

    Req. No. 499                                              Page 7
1   18. Sales of the following telecommunications services:

1

2   a. Interstate interstate and International "800 service"

2

3                 international 800 service. "800 service" means a

3

4                 telecommunications service that allows a caller to

4

5                 dial a toll-free number without incurring a charge for

5

6                 the call. The service is typically marketed under the

6

7                 name "800", "855", "866", "877" and "888" toll-free

7

8                 calling, and any subsequent numbers designated by the

8

9                 Federal Communications Commission,

9

10  b. Interstate interstate and International "900 service"

10

11                international 900 service. "900 service" means an

11

12                inbound toll telecommunications service purchased by a

12

13                subscriber that allows the subscriber's customers to

13

14                call in to the subscriber's prerecorded announcement

14

15                or live service. 900 service does not include the

15

16                charge for: collection services provided by the

16

17                seller of the telecommunications services to the

17

18                subscriber, or service or product sold by the

18

19                subscriber to the subscriber's customer. The service

19

20                is typically marketed under the name "900" service,

20

21                and any subsequent numbers designated by the Federal

21

22                Communications Commission,

22

23  c. Interstate interstate and International "private

23

24                communications service" international private

24

    Req. No. 499                                                 Page 8
1                 communications service. "Private communications

1

2                 service" means a telecommunications service that

2

3                 entitles the customer to exclusive or priority use of

3

4                 a communications channel or group of channels between

4

5                 or among termination points, regardless of the manner

5

6                 in which such channel or channels are connected, and

6

7                 includes switching capacity, extension lines, stations

7

8                 and any other associated services that are provided in

8

9                 connection with the use of such channel or channels,

9

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

10

11                nonvoice data service. "Value-added nonvoice data

11

12                service" means a service that otherwise meets the

12

13                definition of telecommunications services in which

13

14                computer processing applications are used to act on

14

15                the form, content, code or protocol of the information

15

16                or data primarily for a purpose other than

16

17                transmission, conveyance, or routing,

17

18  e. Interstate interstate and International international

18

19                telecommunications service which is:

19

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

20

21                organization, or

21

22                (2) used, allocated or distributed by a company to

22

23                its affiliated group,

23

24

24

    Req. No. 499                                              Page 9
1   f. Regulatory regulatory assessments and charges

1

2                 including charges to fund the Oklahoma Universal

2

3                 Service Fund, the Oklahoma Lifeline Fund and the

3

4                 Oklahoma High Cost Fund, and

4

5   g. Telecommunications telecommunications nonrecurring

5

6                 charges including but not limited to the installation,

6

7                 connection, change, or initiation of

7

8                 telecommunications services which are not associated

8

9                 with a retail consumer sale;

9

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

10

11 use in this state in the construction or repair of railroad tracks,
11

12 switches, sidings, and turnouts;
12

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

13

14 occur at a qualified aircraft maintenance facility. As used in this
14

15 paragraph, "qualified aircraft maintenance facility" means a
15

16 facility operated by an air common carrier including one or more
16

17 component overhaul support buildings or structures in an area owned,
17

18 leased, or controlled by the air common carrier, at which there were
18

19 employed at least two thousand (2,000) full-time-equivalent
19

20 employees in the preceding year as certified by the Oklahoma
20

21 Employment Security Commission and which is primarily related to the
21

22 fabrication, repair, alteration, modification, refurbishing,
22

23 maintenance, building, or rebuilding of commercial aircraft or
23

24 aircraft parts used in air common carriage. For purposes of this
24

    Req. No. 499                                        Page 10
1 paragraph, "air common carrier" shall also include members of an
1

2 affiliated group as defined by Section 1504 of the Internal Revenue
2

3 Code of 1986, as amended, 26 U.S.C., Section 1504. Beginning July
3

4 1, 2012, the exemption shall include sales of machinery, tools,
4

5 supplies, equipment, and related tangible personal property and
5

6 services used or consumed in the repair, remodeling, or maintenance
6

7 of aircraft, aircraft engines or aircraft component parts which
7

8 occur at a qualified aircraft maintenance facility;
8

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

9

10 persons and establishments primarily engaged in computer services
10

11 and data processing:
11

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

12

13                of the Standard Industrial Classification (SIC)

13

14                Manual, latest version, which derive at least fifty

14

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

15

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

16

17                or consumer, and

17

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

18

19                Manual, latest version, which derive at least eighty

19

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

20

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

21

22                or consumer.

22

23  Eligibility for the exemption set out in this paragraph shall be

23

24 established, subject to review by the Tax Commission, by annually
24

    Req. No. 499                                       Page 11
1 filing an affidavit with the Tax Commission stating that the
1

2 facility so qualifies and such information as required by the Tax
2

3 Commission. For purposes of determining whether annual gross
3

4 revenues are derived from sales to out-of-state buyers or consumers,
4

5 all sales to the federal government shall be considered to be to an
5

6 out-of-state buyer or consumer;
6

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

7

8 such individual. For purposes of this paragraph, "prosthetic
8

9 device" shall have the same meaning as provided in Section 1357.6 of
9

10 this title, but shall not include corrective eye glasses, contact
10

11 lenses, or hearing aids;
11

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

12

13 picture or television production company to be used or consumed in
13

14 connection with an eligible production. For purposes of this
14

15 paragraph, "eligible production" means a documentary, special, music
15

16 video or a television commercial or television program that will
16

17 serve as a pilot for or be a segment of an ongoing dramatic or
17

18 situation comedy series filmed or taped for network or national or
18

19 regional syndication or a feature-length motion picture intended for
19

20 theatrical release or for network or national or regional
20

21 syndication or broadcast. The provisions of this paragraph shall
21

22 apply to sales occurring on or after July 1, 1996. In order to
22

23 qualify for the exemption, the motion picture or television
23

24 production company shall file any documentation and information
24

    Req. No. 499                                              Page 12
1 required to be submitted pursuant to rules promulgated by the Tax
1

2 Commission;
2

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

3

4 vessels, barges and other commercial watercraft;
4

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

5

6 exempt independent nonprofit biomedical research foundations that
6

7 provide educational programs for Oklahoma science students and
7

8 teachers and to tax-exempt independent nonprofit community blood
8

9 banks headquartered in this state;
9

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

10

11 equipment to a vendor who subsequently transfers the equipment at no
11

12 charge or for a discounted charge to a consumer as part of a
12

13 promotional package or as an inducement to commence or continue a
13

14 contract for wireless telecommunications services;
14

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

15

16 cars to haul coal to coal-fired plants located in this state which
16

17 generate electric power;
17

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

18

19 modification, and replacement parts, sales of aircraft frame repairs
19

20 and modification, aircraft interior modification, and paint, and
20

21 sales of services employed in the repair, modification, and
21

22 replacement of parts of aircraft engines, aircraft frame and
22

23 interior repair and modification, and paint;
23

24

24

    Req. No. 499                                       Page 13
1   29. Sales of materials and supplies to the owner or operator of

1

2 a ship, motor vessel, or barge that is used in interstate or
2

3 international commerce if the materials and supplies:
3

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

4

5                 used in the maintenance and operation of the ship,

5

6                 motor vessel, or barge, or

6

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

7

8                 motor vessel, or barge;

8

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

9

10 which such property is offered for sale on the premises of the
10

11 former residence of the decedent by a person who is not required to
11

12 be licensed pursuant to the Transient Merchant Licensing Act, or who
12

13 is not otherwise required to obtain a sales tax permit for the sale
13

14 of such property pursuant to the provisions of Section 1364 of this
14

15 title; provided:
15

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

16

17                exceeding three (3) consecutive days,

17

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

18

19                the date of death of the decedent, and

19

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

20

21                allowed for property that was not part of the

21

22                decedent's estate;

22

23  31. Beginning January 1, 2004, sales of electricity and

23

24 associated delivery and transmission services, when sold exclusively
24

    Req. No. 499                                          Page 14
1 for use by an oil and gas operator for reservoir dewatering projects
1

2 and associated operations commencing on or after July 1, 2003, in
2

3 which the initial water-to-oil ratio is greater than or equal to
3

4 five-to-one water-to-oil, and such oil and gas development projects
4

5 have been classified by the Corporation Commission as a reservoir
5

6 dewatering unit;
6

7   32. Sales of prewritten computer software that is delivered

7

8 electronically. For purposes of this paragraph, "delivered
8

9 electronically" means delivered to the purchaser by means other than
9

10 tangible storage media;
10

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

11

12 facility and moved in whole or in parts, to be assembled on-site,
12

13 and permanently affixed to the real property and used for
13

14 residential or commercial purposes. The exemption provided by this
14

15 paragraph shall equal forty-five percent (45%) of the total sales
15

16 price of the modular dwelling unit. For purposes of this paragraph,
16

17 "modular dwelling unit" means a structure that is not subject to the
17

18 motor vehicle excise tax imposed pursuant to Section 2103 of this
18

19 title;
19

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

20

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

21

22                honorably discharged from active service in any branch

22

23                of the Armed Forces of the United States or Oklahoma

23

24                National Guard and who have been certified by the

24

    Req. No. 499                                              Page 15
1                 United States Department of Veterans Affairs or its

1

2                 successor to be in receipt of disability compensation

2

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

3

4                 shall be permanent and have been sustained through

4

5                 military action or accident or resulting from disease

5

6                 contracted while in such active service and registered

6

7                 with the veterans registry created by the Oklahoma

7

8                 Department of Veterans Affairs, or

8

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

9

10                of this paragraph if the person is deceased and the

10

11                spouse has not remarried and the surviving spouse of a

11

12                person who is determined by the United States

12

13                Department of Defense or any branch of the United

13

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

14

15                if the spouse has not remarried. Sales for the

15

16                benefit of an eligible person to a spouse of the

16

17                eligible person or to a member of the household in

17

18                which the eligible person resides and who is

18

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

19

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

20

21                shall also be exempt for purposes of this paragraph.

21

22                The Oklahoma Tax Commission shall issue a separate

22

23                exemption card to a spouse of an eligible person or to

23

24                a member of the household in which the eligible person

24

    Req. No. 499                                                Page 16
1                 resides who is authorized to make purchases on the

1

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

2

3                 Sales qualifying for the exemption authorized by this

3

4                 paragraph shall not exceed Twenty-five Thousand

4

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

5

6                 disabled veteran is living. Sales qualifying for the

6

7                 exemption authorized by this paragraph shall not

7

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

8

9                 an unremarried surviving spouse. Upon request of the

9

10                Tax Commission, a person asserting or claiming the

10

11                exemption authorized by this paragraph shall provide a

11

12                statement, executed under oath, that the total sales

12

13                amounts for which the exemption is applicable have not

13

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

14

15                year per living disabled veteran or One Thousand

15

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

16

17                surviving spouse. If the amount of such exempt sales

17

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

18

19                authorized amount shall be treated as a direct sales

19

20                tax liability and may be recovered by the Tax

20

21                Commission in the same manner provided by law for

21

22                other taxes including penalty and interest. The Tax

22

23                Commission shall promulgate any rules necessary to

23

24                implement the provisions of this paragraph, which

24

    Req. No. 499  Page 17
1                 shall include rules providing for the disclosure of

1

2                 information about persons eligible for the exemption

2

3                 authorized in this paragraph to the Oklahoma

3

4                 Department of Veterans Affairs, as authorized in

4

5                 Section 205 of this title. For purposes of the

5

6                 exemption authorized by this subparagraph, if the

6

7                 disability determination that would have been made

7

8                 while the disabled veteran was still living is not

8

9                 made final until after the death of the disabled

9

10                veteran, the exemption authorized by this subparagraph

10

11                may still be claimed by the surviving spouse;

11

12  35. Sales of electricity to the operator, specifically

12

13 designated by the Corporation Commission, of a spacing unit or lease
13

14 from which oil is produced or attempted to be produced using
14

15 enhanced recovery methods including, but not limited to, increased
15

16 pressure in a producing formation through the use of water or
16

17 saltwater if the electrical usage is associated with and necessary
17

18 for the operation of equipment required to inject or circulate
18

19 fluids in a producing formation for the purpose of forcing oil or
19

20 petroleum into a wellbore for eventual recovery and production from
20

21 the wellhead. In order to be eligible for the sales tax exemption
21

22 authorized by this paragraph, the total content of oil recovered
22

23 after the use of enhanced recovery methods shall not exceed one
23

24 percent (1%) by volume. The exemption authorized by this paragraph
24

    Req. No. 499                                                Page 18
1 shall be applicable only to the state sales tax rate and shall not
1

2 be applicable to any county or municipal sales tax rate;
2

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

3

4 As used in this paragraph, "intrastate charter and tour bus
4

5 transportation" means the transportation of persons from one
5

6 location in this state to another location in this state in a motor
6

7 vehicle which has been constructed in such a manner that it may
7

8 lawfully carry more than eighteen persons, and which is ordinarily
8

9 used or rented to carry persons for compensation. Provided, this
9

10 exemption shall not apply to regularly scheduled bus transportation
10

11 for the general public;
11

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

12

13 licensed chiropractor to a person who is the patient of such
13

14 chiropractor at the physical location where the chiropractor
14

15 provides chiropractic care or services to such patient. The
15

16 provisions of this paragraph shall not be applicable to any drug,
16

17 medicine, or substance for which a prescription by a licensed
17

18 physician is required;
18

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

19

20 property, machinery, and equipment to a web search portal located in
20

21 this state which derives at least eighty percent (80%) of its annual
21

22 gross revenue from the sale of a product or service to an out-of-
22

23 state buyer or consumer. For purposes of this paragraph, "web
23

24 search portal" means an establishment classified under NAICS North
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    Req. No. 499                                            Page 19
1 American Industry Classification System (NAICS) code 519130 which
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2 operates websites that use a search engine to generate and maintain
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3 extensive databases of Internet addresses and content in an easily
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4 searchable format;
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5   39. Sales of tangible personal property consumed or

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6 incorporated in the construction or expansion of a facility for a
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7 corporation organized under Section 437 et seq. of Title 18 of the
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8 Oklahoma Statutes as a rural electric cooperative. For purposes of
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9 this paragraph, sales made to a contractor or subcontractor that has
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10 previously entered into a contractual relationship with a rural
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11 electric cooperative for construction or expansion of a facility
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12 shall be considered sales made to a rural electric cooperative;
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13  40. Sales of tangible personal property or services to a

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14 business primarily engaged in the repair of consumer electronic
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15 goods including, but not limited to, cell phones, compact disc
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16 players, personal computers, MP3 players, digital devices for the
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17 storage and retrieval of information through hard-wired or wireless
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18 computer or Internet connections, if the devices are sold to the
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19 business by the original manufacturer of such devices and the
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20 devices are repaired, refitted or refurbished for sale by the entity
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21 qualifying for the exemption authorized by this paragraph directly
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22 to retail consumers or if the devices are sold to another business
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23 entity for sale to retail consumers;
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    Req. No. 499                                         Page 20
1   41. On or after July 1, 2019, and prior to July 1, 2024, sales

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2 or leases of rolling stock when sold or leased by the manufacturer,
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3 regardless of whether the purchaser is a public services corporation
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4 engaged in business as a common carrier of property or passengers by
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5 railway, for use or consumption by a common carrier directly in the
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6 rendition of public service. For purposes of this paragraph,
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7 "rolling stock" means locomotives, autocars, and railroad cars and
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8 "sales or leases" includes railroad car maintenance and retrofitting
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9 of railroad cars for their further use only on the railways;
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10  42. Sales of gold, silver, platinum, palladium or other bullion

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11 items such as coins and bars and legal tender of any nation, which
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12 legal tender is sold according to its value as precious metal or as
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13 an investment. As used in the paragraph, "bullion" means any
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14 precious metal including, but not limited to, gold, silver,
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15 platinum, and palladium, that is in such a state or condition that
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16 its value depends upon its precious metal content and not its form.
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17 The exemption authorized by this paragraph shall not apply to
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18 fabricated metals that have been processed or manufactured for
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19 artistic use or as jewelry; and
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20  43. Recovery fees on the rental charge from any item of heavy

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21 equipment property rental as provided for in Section 2 of this act
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22 2807.11 of this title; and
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23  44. Sales of firearm safety devices and gun safety devices. As

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24 used in this paragraph:
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    Req. No. 499                    Page 21
1   a. "firearm safety device" means a gun safe, gun case,

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

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

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

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5                 key, combination, or other similar means, and

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

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7                 equipped or installed on a firearm that permits a user

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8                 to program the firearm to operate only for specified

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9                 persons designated by the user through computerized

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10                locking devices or other means integral to and

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11                permanently part of the firearm.

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12  SECTION 2. This act shall become effective November 1, 2025.

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    Req. No. 499                                    Page 22
Every fact on this page links to its source, starting with the official bill record.