STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1760	By:	Sykes

AS INTRODUCED

An Act relating to public finance; amending Section 1, Chapter 327, O.S.L. 2007 (62 O.S. Supp. 2009, Section 46), which relates to the Taxpayer Transparency Act; defining term; requiring certain website to include list of agency, lobbyist or lobbyist principal request bills; requiring certain notification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 327, O.S.L. 2007 (62 O.S. Supp. 2009, Section 46), is amended to read as follows:
Section 46.  A.  This act shall be known and may be cited as the "Taxpayer Transparency Act."
B.  As used in the Taxpayer Transparency Act:
1.  "Single website" means a website that allows the public to access information identified in subsection C of this section without any fee or charge to the public for such access;
2.  "Expenditure of state funds" means the disbursement of state funds, whether appropriated or nonappropriated, excluding:
a.	the transfer of funds between two state agencies,
b.	payments of state or federal assistance to an individual,
c.	child support payments, and
d.	refunds issued by the Oklahoma Tax Commission resulting from the overpayment of tax;
3.  “Incentive payments” means payments made under the Oklahoma Quality Jobs Program Act, Saving Quality Jobs Act, Oklahoma Quality Jobs Incentive Leverage Act, Small Employer Quality Jobs Incentive Act, Oklahoma Specialized Quality Investment Act and Oklahoma Quality Investment Act; and
4.  “Tax credit” means a credit pursuant to the Oklahoma Income Tax Act against tax liability which is taken by a taxpayer, excluding credits authorized under paragraphs 1 and 2 of subsection B of Section 2357 and Sections 2357.29 and 2357.43 of Title 68 of the Oklahoma Statutes; and
5.  “Agency, lobbyist or lobbyist principal request bill” means a bill or joint resolution introduced or any amendments thereto for consideration in either house of the Legislature, which has been requested by any state governmental entity, or by any registered lobbyist or lobbyist principal, other than a bill which solely appropriates state revenues or sets budgetary limitations for any state governmental entity.
C.  No later than January 1, 2008, the Office of State Finance shall develop and operate a single website accessible by the public.  The website shall include aggregate information on state revenue, expenditures and incentive payments and information on state tax preferences as contained in the tax expenditure report published by the Oklahoma Tax Commission pursuant to subsection E of Section 205 of Title 68 of the Oklahoma Statutes.  No later than January 1, 2009, the website shall include search capabilities.  Beginning with the 2011 regular legislative session, the website shall include a list of agency, lobbyist or lobbyist principal request bills.  Each state governmental entity requesting a member of the Legislature to introduce an agency request bill or to offer an amendment to a bill or joint resolution shall notify the Office of State Finance of such request no later than five (5) business days after the bill or joint resolution is introduced or the amendment is offered.  Each registered lobbyist shall notify the Office of State Finance of any requests made by such registered lobbyist, or any lobbyist principal by whom the lobbyist is employed or retained, of a member of the Legislature to introduce a lobbyist or lobbyist principal request bill or to offer an amendment to a bill or joint resolution, no later than five (5) business days after the bill or joint resolution is introduced or the amendment is offered.  The Office of State Finance may prescribe the form of such notification.
D.  As soon as practicable after January 1, 2008, such website shall also include, but not be limited to:
1.  For the expenditure of state funds or incentive payments:
a.	the name and principal location of the entity and/or recipients of the funds, excluding release of information relating to an individual's place of residence, release of information prohibited by subsection D of Section 24A.7 of Title 51 of the Oklahoma Statutes or by federal law relating to privacy rights,
b.	the amount of state funds expended,
c.	the type of transaction,
d.	the funding or expending agency, and
e.	a descriptive purpose of the funding action or expenditure; and
2.  For each tax credit, information, including but not limited to:
a.	the name of each taxpayer to which a credit has been granted,
b.	the amount of such credit, and
c.	the specific provision under which a credit has been granted.
E.  The single website provided for in subsection C of this section shall include data on state revenue, expenditures and incentive payments for the fiscal year 2007 and each fiscal year thereafter and on state tax credits for tax year 2007 and each tax year thereafter.  Such data shall be available on the single website no later than one hundred twenty (120) days after the last day of the preceding fiscal year.
F.  The Oklahoma Tax Commission, the Office of the State Treasurer, all institutions of The Oklahoma State System of Higher Education and any other state agency shall provide to the Office of State Finance such information as is necessary to accomplish the purposes of this act the Taxpayer Transparency Act.
G.  So that the Tax Commission may fulfill its obligations as required by this section, all recipients of tax credits, as that term is defined herein, shall file their reports or returns claiming the tax credits in an electronic format, as may be required by the Tax Commission.  The Tax Commission may disallow any claim of a person for a tax credit due to its failure to file a report or return as required under the authority of this paragraph.
H.  Nothing in this act the Taxpayer Transparency Act shall require the disclosure of information which is required confidential by state or federal law.
I.  The disclosure of information required by this section shall create no liability whatsoever, civil or criminal, to the State of Oklahoma or any member of the Office of State Finance or any employee thereof for disclosure of the information or for any error or omission in the disclosure.
SECTION 2.  This act shall become effective November 1, 2010.

52-2-3503	CD	1/11/2010 4:48:51 PM