ENGROSSED SENATE
BILL NO. 40 	By:	Rice of the Senate

			and

		McAffrey of the House

[ intoxicating beverages - excise tax - effective date - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     37 O.S. 2001, Section 553, as last amended by Section 1, Chapter 398, O.S.L. 2008 (37 O.S. Supp. 2008, Section 553), is amended to read as follows:
Section 553.  A.  Except as provided in paragraph 5 of this subsection, an excise tax is hereby levied and imposed upon all alcoholic beverages imported or manufactured, for sale, use or distribution, or used or possessed in this state at the following rates:
1.  One Dollar and forty-seven cents ($1.47) per liter, and a proportionate rate on fractions thereof, on each liter of spirits;
2.  Nineteen cents ($0.19) per liter, and a proportionate rate on fractions thereof, on each liter of wine;
3.  Fifty-five cents ($0.55) per liter, and a proportionate rate on fractions thereof, on each liter of sparkling wine;
4.  Twelve Dollars and fifty cents ($12.50) per barrel (thirty-one (31) wine gallons) and a proportionate rate on portions thereof, on each barrel of beer; and
5.  Beer and spirits manufactured in this state for export shall not be taxed; provided, the exemption for spirits shall expire on July 1, 2014.
B.  The excise tax levied on alcoholic beverages except beer under subsection A of this section shall be paid as follows:
1.  Payment of the excise tax levied by this section with respect to all alcoholic beverages, other than beer, shall be made by the person shipping the same into Oklahoma, or in the case of direct imports from foreign countries by the importer, or in the case of alcoholic beverages manufactured in Oklahoma by the first seller thereof;
2.  On and after January 1, 1981, the due and payable excise tax levied by this section shall be made by tax returns filed with the Oklahoma Tax Commission.  The tax returns shall be made under oath by the person liable for the tax on forms prescribed and provided by the ~~Oklahoma~~ Tax Commission and shall be accompanied by payment of the taxes due and any additional sums due as provided by this section.  Invoices describing all alcoholic beverages as described in this section which are shipped into this state or which are first sold in this state shall be delivered to the ~~Oklahoma~~ Tax Commission and to the Alcoholic Beverage Laws Enforcement Commission immediately following shipment of liquors into the state or delivery to the first purchaser.  Tax returns and payment of excise tax and other sums due shall be delivered to the ~~Oklahoma~~ Tax Commission no later than the tenth day of the month immediately succeeding the month of shipment, importation or first sale of the alcoholic beverages as provided in paragraph 1 of this subsection;
3.  All tax returns required to be filed during the twelve‑month period beginning January 1, 1981, shall be accompanied by payment of the excise tax due plus an additional payment in the amount of twenty percent (20%) of said tax.  Up to ten percent (10%) of the total payments made during said period may be made in the form of revenue stamps previously purchased pursuant to Section 540 of this title; and
4.  On and after February 1, 1982, each person required to file a tax return pursuant to this section shall remit the excise tax due, less an amount not to exceed two percent (2%) of the total of the additional payments made by said taxpayer pursuant to paragraph 3 of this subsection.  The total of said deductions shall not exceed the total of the additional payments made pursuant to paragraph 3 of this subsection.  Up to ten percent (10%) of each tax payment made under this subsection may be made in the form of revenue stamps previously purchased pursuant to Section 540 of this title.
C.  For the purpose of collecting and remitting the excise tax imposed under this section, the person liable for such tax is hereby declared to be the agent of the state for such purposes.
D.  Nothing herein shall be construed to impose an additional excise tax on intoxicating beverages held in inventory by wholesalers and retailers upon which the excise tax was paid prior to the effective date of any excise tax increase.
SECTION 2.  This act shall become effective July 1, 2009.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 24th day of February, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives