Section 2352 - Purpose of article - Distribution of revenuesIt is hereby declared to be the purpose of Section 2351 et seq. of this title to provide revenue for general governmental functions of state government; and, for that purpose and to that end, it is expressly declared that the revenue derived herefrom and penalties and interest thereon, subject to the apportionment requirements for the Rebuilding Oklahoma Access and Driver Safety Fund, the Oklahoma Tourism and Passenger Rail Revolving Fund, the Public Transit Revolving Fund and the Education Reform Revolving Fund to be derived from income tax revenue that would otherwise be apportioned to the General Revenue Fund as provided by Section 1521 of Title 69 of the Oklahoma Statutes, subject to the apportionment requirements for the Oklahoma Tax Commission and Office of Management and Enterprise Services Joint Computer Enhancement Fund provided by Section 265 of this title, and subject to the apportionment requirements for the Oklahoma State Capitol Building Repair and Restoration Fund provided by Section 19 of Title 73 of the Oklahoma Statutes, shall be distributed as follows:
1. For the fiscal year beginning July 1, 2002, the first Five Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue derived pursuant to the provisions of subsections A, B and E of Section 2355 of this title shall be apportioned to the Education Reform Revolving Fund. The remainder of such revenue for the fiscal year beginning July 1, 2002, and all such revenue for each fiscal year thereafter shall be apportioned monthly as follows: a. the following amounts shall be paid to the State Treasurer to be placed to the credit of the General Revenue Fund of the state for such fiscal year for the support of the state government to be paid out only pursuant to appropriation by the Legislature: Fiscal Year | Amount |
FY 2003 and FY 2004 | 87.12% |
FY 2005 | 86.91% |
FY 2006 | 86.66% |
FY 2007 | 86.16% |
FY 2008 through FY 2022 | 85.66% |
FY 2023 through FY 2027 | 85.41% |
FY 2028 and each fiscal year thereafter | 85.66% |
Of the funds apportioned to the General Revenue Fund pursuant to this subparagraph, until the expiration of the Filmed in Oklahoma Act of 2021 as provided in Section 11 of this act, Thirty Million Dollars ($30,000,000.00) shall be transferred to the Oklahoma Tax Commission for deposit in the Filmed in Oklahoma Program Revolving Fund,
b. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund of the State Department of Education: (1) for FY 2003 through FY 2020, eight and thirty-four one-hundredths percent (8.34%),(2) for FY 2021: (a) for the month beginning July 1, 2020, through the month ending August 31, 2020, eight and thirty-four one-hundredths percent (8.34%), and(b) for the month beginning September 1, 2020, through the month ending June 30, 2021, nine and eighty-four one-hundredths percent (9.84%),(3) for FY 2022 and each fiscal year thereafter, eight and thirty-four one-hundredths percent (8.34%) shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund, c. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Teachers' Retirement System Dedicated Revenue Revolving Fund: Fiscal Year | Amount |
FY 2003 and FY 2004 | 3.54% |
FY 2005 | 3.75% |
FY 2006 | 4.0% |
FY 2007 | 4.5% |
FY 2008 through FY 2020 | 5.0% |
FY 2021: (1) for the month beginning July 1, 2020, through the month ending August 31, 2020 | 5.0% |
(2) for the month beginning September 1, 2020, through the month ending June 30, 2021 | 3.5% |
FY 2022 | 5.0% |
FY 2023 through FY 2027 | 5.25% |
FY 2028 and each fiscal year thereafter | 5.0% |
d. for FY 2003 and each fiscal year thereafter, one percent (1%) shall be placed to the credit of the Ad Valorem Reimbursement Fund;2. Beginning July 1, 2003, for any period of time as certified by the Oklahoma Development Finance Authority and the Oklahoma Department of Commerce to be necessary for the repayment of obligations issued by the Oklahoma Development Finance Authority pursuant to Section 3654 of this title if the other sources of revenue paid to or apportioned to the Quality Jobs Program Incentive Leverage Fund are not adequate including the proceeds from payment pursuant to the guaranty required by subsection M of Section 3654 of this title, an amount certified by the Oklahoma Development Finance Authority to the Oklahoma Tax Commission shall be apportioned to the Quality Jobs Program Incentive Leverage Fund before any other apportionments are made as otherwise authorized by this paragraph. The Oklahoma Development Finance Authority shall certify to the Oklahoma Tax Commission the time as of which the revenue authorized for apportionment pursuant to this paragraph is no longer required.
After the certification, the revenue derived from the income tax shall be apportioned in the manner otherwise provided by this section. Except as otherwise provided by this paragraph, for the fiscal year beginning July 1, 2002, the first Forty-one Million One Hundred Ninety Thousand Eight Hundred Dollars ($41,190,800.00) of revenue derived pursuant to the provisions of subsections D and E of Section 2355 of this title shall be apportioned to the Education Reform Revolving Fund. The remainder of such revenue for the fiscal year beginning July 1, 2002, and all such revenue for each fiscal year thereafter, subject to the apportionment requirements for the Oklahoma Tax Commission and Office of Management and Enterprise Services Joint Computer Enhancement Fund provided by Section 265 of this title, shall be apportioned monthly as follows:
a. the following amounts shall be paid to the State Treasurer to be placed to the credit of the General Revenue Fund of the state for such fiscal year for the support of the state government to be paid out only pursuant to appropriation by the Legislature: Fiscal Year | Amount |
FY 2003 and FY 2004 | 78.96% |
FY 2005 | 78.75% |
FY 2006 | 78.50% |
FY 2007 | 78.0% |
(1) (a) FY 2018 through FY 2022 until the apportionment to the General Revenue Fund equals the moving five-year average amount for corporate income tax as prescribed by paragraph 3 of this section | 77.50% |
(b) FY 2023 through FY 2027 until the apportionment to the General Revenue Fund equals the moving five-year average amount for corporate income tax as prescribed by paragraph 3 of this section | 77.25% |
(c) FY 2028 and each fiscal year thereafter until the apportionment to the General Revenue Fund equals the moving five-year average amount for corporate income tax as prescribed by paragraph 3 of this section | 77.50% |
(2) there shall be apportioned from the tax levy imposed on corporate income tax to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statutes, or to the Constitutional Reserve Fund, as provided by Section 34.102 of Title 62 of the Oklahoma Statutes, the amount of revenue, if any, which exceeds the moving five-year average amount as defined pursuant to paragraph 3 of this section,b. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund of the State Department of Education: (1) for FY 2003 through FY 2020, sixteen and five-tenths percent (16.5%),(2) for FY 2021: (a) for the month beginning July 1, 2020, through the month ending August 31, 2020, sixteen and five-tenths percent (16.5%), and (b) for the month beginning September 1, 2020, through the month ending June 30, 2021, eighteen percent (18%),(3) for FY 2022, and each fiscal year thereafter, sixteen and five-tenths percent (16.5%),c. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Teachers' Retirement System Dedicated Revenue Revolving Fund: Fiscal Year | Amount |
FY 2003 and FY 2004 | 3.54% |
FY 2005 | 3.75% |
FY 2006 | 4.0% |
FY 2007 | 4.5% |
FY 2008 through FY 2020 | 5.0% |
FY 2021: (1) for the month beginning July 1, 2020, through the month ending August 31, 2020 | 5.0% |
(2) for the month beginning September 1, 2020, through the month ending June 30, 2021 | 3.5% |
FY 2022 | 5.0% |
FY 2023 through FY 2027 | 5.25% |
FY 2028 and each fiscal year thereafter | 5.0% |
d. for FY 2003 and each fiscal year thereafter, one percent (1%) shall be placed to the credit of the Ad Valorem Reimbursement Fund; and3. "Moving five-year average for corporate income tax" means, for purposes of the apportionments prescribed by this section, the amount of income tax on corporations, as determined by the State Board of Equalization in the manner prescribed by Section 34.103 of Title 62 of the Oklahoma Statutes.Okla. Stat. tit. 68, § 2352
Amended by Laws 2021 , c. 516, s. 12, eff. 7/1/2021.Amended by Laws 2021 , c. 490, s. 3, eff. 7/1/2021.Amended by Laws 2016 , c. 337, s. 5, eff. 11/1/2016.Amended by Laws 2013 , c. 253, s. 1, eff. 5/13/2013.Laws 1971, HB 1191, c. 137, § 2, emerg. eff. 5/11/1971; Amended by Laws 1975, HB 1264, c. 131, § 1, emerg. eff. 5/13/1975; Amended by Laws 1976, HB 1859, c. 26, § 1, emerg. eff. 3/15/1976; Amended by Laws 1976, HB 1739, c. 232, § 9, emerg. eff. 6/15/1976; Amended by Laws 1978, HB 1849, c. 193, § 1, emerg. eff. 4/14/1978; Amended by Laws 1979, HB 1484, c. 195, § 1, emerg. eff. 5/24/1979; Amended by Laws 1980, HB 1609, c. 252, § 1, emerg. eff. 5/16/1980; Amended by Laws 1981, HB 1218, c. 210, § 5, emerg. eff. 5/29/1981; Amended by Laws 1983, HB 1268, c.183, § 5, emerg. eff. 6/9/1983; Amended by Laws 1985, HB 1536, c.15, § 1, emerg. eff. 4/11/1985; Amended by Laws 1986, SB 511, c. 223, § 46, eff. 7/1/1986; Amended by Laws 1987, HB 1110, c. 204, § 131, emerg. eff. 7/1/1987; Amended by Laws 1988, SB 626, c. 204, § 11, eff. 7/1/1988; Amended by Laws 1989, SB 31, c. 279, § 15, emerg. eff. 7/1/1989; Amended by Laws 1990, HB 2328, c. 258, § 78, emerg. eff. 7/1/1990; Amended by Laws 1991, SB 127, c. 274, § 10, emerg. eff. 5/28/1991; Amended by Laws 1996, SB 826, c. 269, § 5, emerg. eff. 6/1/1996; Amended by Laws 1999 , HB 1574, c. 254, § 10, eff. 6/30/1999; Amended by Laws 2002 , HB 2245, c. 299, § 13, emerg. eff. 5/23/2002 (repealed by Laws 2003 , SB 833, c. 3, § 68, emerg. eff. 3/19/2003); Amended by Laws 2002 , SB 1448, c. 458, § 10, emerg. eff, July 1, 2002; Amended by Laws 2002 , SB 1376, c. 482, § 3, emerg. eff. 7/1/2002 (repealed by Laws 2003 , SB 833, c. 3, § 69, emerg. eff. 3/19/2003); Amended by Laws 2002 , SB 1415, c. 503, § 4, amending SB 1448, emerg. eff. 6/7/2002; Amended by Laws 2003 , HB 1816, c. 3, §67, emerg. eff. 3/19/2003; Amended by Laws 2005 , HB 1078, c. 444, § 2, emerg. eff. 7/1/2005; Amended by Laws 2007 , SB 357, c. 105, § 5, eff. 11/1/2007; Amended by Laws 2007 , SB 1092, c. 366, § 5, eff. 11/1/2007; Amended by Laws 2008 , HB 1387, c. 278, § 10, emerg. eff. 7/1/2008; Amended by Laws 2012 , HB 3079, c. 304, § 543.