STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 294	By:	Gumm

AS INTRODUCED

An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1361.1, as amended by Section 2, Chapter 272, O.S.L. 2006 (68 O.S. Supp. 2008, Section 1361.1), which relates to sales tax; modifying penalty for vendor who fails to honor certain exemption; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     68 O.S. 2001, Section 1361.1, as amended by Section 2, Chapter 272, O.S.L. 2006 (68 O.S. Supp. 2008, Section 1361.1), is amended to read as follows:
Section 1361.1  A.  If a vendor, in good faith, timely accepts from a consumer properly completed documentation certified by the Oklahoma Tax Commission that such consumer is exempt from the taxes levied by the Oklahoma Sales Tax Code, the vendor shall be relieved of any liability for any sales tax or the duty to collect any sales tax imposed by the provisions of Section 1361 of this title upon such vendor with respect to such sale.
B.  A vendor who has actual knowledge that a consumer is entitled to an exemption under paragraph 34 of Section 1357 of this title and who willfully or intentionally refuses to honor the exemption shall be punished by an administrative fine of guilty of a misdemeanor and fined not more than Five Hundred Dollars ($500.00) per offense.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-378	JCR	12/30/2008 11:24:51 AM