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Tobacco Tax  Overturned

8/10/2017

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  The Oklahoma Supreme Court quickly announced their decision in one of the cases heard less than 48 hours ago. Read the full ruling.
  The Oklahoma Supreme Court has ruled a $1.50-a-pack fee on cigarettes passed this session is actually a tax and, due to the circumstances under which it was passed by the Legislature, unconstitutional.
  The measure was expected to generate $257 million in revenue and had been scheduled to take effect Aug. 24.
  The state's high court heard oral arguments this week on three challenges to late revenue bills passed by the Legislature last session.

Read more at the Tulsa World.

  The court has not yet published their ruling on the OSCN website. ​A portion of their decision was published...
  "But if the Legislature wishes to deploy this tool, rather than the plethora of other regulatory tools available to it for advancing its goal, it must comply with Article V, Section 33 because the people have insisted that legislative measures 'intended to raise revenue' — i.e., those whose primary effect is to reach into the people's pockets to take more money to fund state government — be significantly more difficult to enact than other types of legislation."
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Dale Denwalt of the Oklahoma, writes...
  ​Justice Patrick Wyrick, writing for the Court, said the Legislature had to find more than $200 million in the last week of session to meet obligations laid out in its annual budget bill. Because of that, and several other reasons laid out in the opinion, much of the bill was struck down as unconstitutional.

The government has one week to ask for a rehearing.

Lawmakers have said that if the court strikes down the fee, because so much money is earmarked for health programs, it's likely the Legislature will have to return to special session this year.

​developing...
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    David Van Risseghem  is the Publisher of SoonerPolitics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform.  This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...

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