Another Red River rivalryBy OCPA President Jonathan SmallEach year in October, Oklahoma’s eyes turn south of the Red River to the Cotton Bowl in Dallas for the annual football rivalry between OU and Texas. Texas has won 61 of those games, OU has now wo…
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As this legislative year concluded, those who had been trying to raise taxes gave up on all but the smallest pretense of following the Constitution. Although they had tried and successfully passed many increases, the cumulative effect of these…
In a swift and unanimous decision, the Oklahoma Supreme Court ruled that the
Cigarette Tax Smoking Cessation Fee passed by the state legislature and signed by Governor Fallin violated the Oklahoma Constitution.
Here’s the summary from the opinion (which can be read in full at this link):
Petitioners, who are manufacturers, wholesalers, and consumers of cigarettes, challenged Senate Bill 845, alleging that it is a revenue bill enacted outside of the procedure mandated in Article V, Section 33 of the Oklahoma Constitution. The parties agree that the passage of SB 845 did not comply with Article V, Section 33; so the case turns on whether SB 845 is the kind of “revenue bill” that Article V, Section 33 governs. Applying the test we have utilized since 1908, we conclude that the primary purpose of Sections 2, 7, 8, and 9 of SB 845 is to raise new revenue for the support of state government through the assessment of a new $1.50 excise tax on cigarettes and that, in doing so, SB 845 levies a tax in the strict sense. As such, Sections 2, 7, 8, and 9 of SB 845 comprise a revenue bill enacted in violation of Article V, Section 33 and are unconstitutional.
Continue reading: http://www.muskogeepolitico.com/2017/08/oklahoma-supreme-court-strikes-down.html
As I think back over the recently concluded legislative session, I recall an especially notable moment during one of the frequent tax increase sessions of the Appropriations and Budget Committee. Those who run the committee were bringing forward one…
By Mary Ruth Tapp It’s time to STOP falling for the tricks! I’ve known and know some very fine teachers in the public education system. AND I’m sick and tired of seeing raises for teachers being used as a mantra … Continue reading →
Last week, as a member of the House Appropriations Committee, I voted “No,” on the proposed 35% increase in the state gas tax. Those who suggest Oklahoma should increase the gas tax are using the following reasoning: “Oklahoma has the one of the…
Over the past few months Oklahomans have been hearing about the attempt to enact a new tax on “services”. Oklahoma law has historically held services harmless from direct taxation. Those who provide services must already pay income tax on their…
State Finance Secretary Preston Doerflinger this week “applauded” and then cast doubt on OCPA’s most recent budget recommendations. Secretary Doerflinger wrote, “OCPA calculates its savings as $413 million, but the majority of those savings go in the category of cost avoidance, not revenue creation.” In other words, Sec. Doerflinger conveys a clear preference for increasing taxation as opposed […]
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In her State of the State speech on Monday, Governor Mary Fallin unveiled her budget plan for FY2018. One of her proposals to close the budget gap was to dramatically expand Oklahoma sales tax collections to include services, something which has never been done as far as I’ve been able to find.
Mike McCarville of the McCarville Report said “it appears Governor Fallin wants to tax everything that isn’t nailed down,” and pointed out that Fallin is proposing “massive taxation with 164 new levies“.
According to Fallin’s estimates, applying sales tax to services would bring in $1,703,879,742 (that’s 1.7 Billion dollars with a B) to government coffers.
Our Oklahoma Governor and State Legislature appear to be in violation of the U.S. Constitution with their action in taxing us with online purchases.
Article I Section. 10 of the U.S. Constitution:
“No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress….”