Search results for “tax”

Sooner Politics: The Case Against The Auto Tax Increase

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   The Oklahoma Supreme Court issued a ‘slam dunk’ unanimous ruling in figurative ‘sound barrier speed’, on Thursday. they struck down a shameless money-grab which tried to cloak itself as a state-run smoking cessation program.  The newest and most controversial justice on the court, Patrick Wyrick, wrote a brilliant, plain-spoken, and thoroughly-reasoned opinion. Two justices partially dissented, but they did not elaborate. Wyrick wrote a masterpiece […]

Read the full article via Sooner Politics here.

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  Oklahoma’s statist politicians of both parties are at odds about where any more taxes should be confiscated. Liberty-minded politicians are trying to limit the oppressive powers of the state by only funding core constitutional mandates.  But they could all find a consensus in the regulating of the current cannabis industry which operates as a black market and pays no taxes at all.  Now, the true prohibitionists will oppose this idea in their sel […]

Read the full article at Oklahoma’s Political News service, www.SoonerPolitics.org .

Muskogee Politico: Oklahoma Supreme Court strikes down cigarette tax

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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

Muskogee Politico: House, Senate Democrats respond to cigarette tax ruling

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The House and Senate Democratic caucuses have now issued statements over the Oklahoma Supreme Court striking down SB 845, the Cigarette Tax Smoking Cessation Fee.

House Democratic Caucus Releases Statement in Response to Oklahoma Court Ruling

OKLAHOMA CITY – The Oklahoma Supreme Court has unanimously ruled that Senate Bill 845 is unconstitutional.

SB845 was projected to raise more than $200 million for the current state budget by charging cigarette wholesalers a $1.50 per pack tax. During the legislative session, however, House Democrats warned Republicans that passing the unconstitutional legislation would have a detrimental impact on our state budget and state agencies. The measure passed the House with a partisan vote of 51 to 43.

The proposed revenue from the tax affects 7 percent of the appropriated budget to the Oklahoma Health Care Authority, 10 percent of the appropriated budget to the Department of Human Services, and 23 percent of the appropriated budget to the Department of Mental Health and Substance Abuse Services.

The court’s ruling will likely prompt a special session, costing the state an additional $30,000 per day, and requiring lawmakers to return to the capitol to fix the now incomplete budget.

“In order to appease special interests, Republicans made a decision to ignore the House Democratic Caucus, Oklahoma citizens and the Oklahoma Constitution,” said Rep. Monroe Nichols, D-Tulsa. “As a result of that decision, we are now facing a $200 million hole in our current budget. It is time for the Republican Leadership to stop playing political games and to start working on real solutions to fund state government. As we have been all year, the Democratic Caucus stands ready to negotiate a long-term solution to fix Oklahoma’s funding crisis.”

Continue reading: http://www.muskogeepolitico.com/2017/08/house-senate-democrats-respond-to.html

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State leaders are starting to weigh in on the Oklahoma Supreme Court striking down the Cigarette Tax Smoking Cessation Fee. First up, the three members of state government who pushed the unconstitutional tax and were named in the lawsuit: Governor Mary Fallin, House Speaker Charles McCall, and Senate Pro Tem Mike Schulz.

Governor Mary Fallin Statement on the Oklahoma Supreme Court 
Striking Down Smoking Cessation Fee

OKLAHOMA CITY – Governor Mary Fallin today issued the following statement in response to the Oklahoma Supreme Court striking down a smoking cessation fee approved this past legislative session:

 “I am disappointed to hear the Supreme Court struck down the smoking cessation fee, but I certainly respect the justices’ authority. I will be discussing with legislative leaders from both parties the need to address the $215 million shortfall this will create for the Department of Human Services, the Department of Mental Health and Substance Abuse Services and the Oklahoma Health Care Authority, the three agencies that received the bulk of the money that was to be generated by the cessation fee.

“These agencies and the people they serve cannot sustain the kind of cuts that will occur if we do not find a solution. My belief is we will have to come into special session to address this issue.”

Continue reading: http://www.muskogeepolitico.com/2017/08/fallin-mccall-schulz-comment-on.html

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  Rep Eric Proctor published this response to today’s Supreme Court Ruling, whereby the Tobacco Tax increase was struct down for violating constitutional requirements.   “Only if somebody would’ve said this was unconstitutional during the legislative session…..  It’s time to restore the gross production tax. No more free passes for the most wealthy industry in the world at the expense of our children, teachers, senior citizens, healthcare and public […]

Read the full article at Oklahoma’s Political News service, www.SoonerPolitics.org .

Richardson Issues Statement in Response to Denial of Car Sales Tax Stay

Richardson Issues Statement in Response to Denial of Car Sales Tax Stay 
Tulsa, OK, June 30, 2017 – Gary Richardson issued a statement today in response to the Oklahoma Supreme Court denying his stay on the implementation of the car sales tax before the case is heard on August 8th.  “I’m extremely disappointed that the justices didn’t stay the implementation of 1.25% sales tax on auto sales,” said Richardson.

Richardson discussed the impact of the tax increase and how it will affect the small business owners who run the auto dealerships across the state.  “Folks, this decision will depress auto sales and potentially stall our fragile economy hurting small businesses and consumers across the state. This is why I filed the lawsuit to challenge the car sales tax in the first place.”

“Hundreds if not thousands of Oklahomans are now going to have to make the difficult decision of whether to pay a higher tax at their local, Oklahoma car dealer or wait until after the court hearing in August.  Until then, Oklahoma suffers,” said Richardson.

The Supreme Court will hear the challenge to the car sales tax along with the other two revenue bills being challenged by Richardson on behalf of the Oklahoma taxpayers on August 8th at 11 a.m.