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OK SB282

OK SB282
Federal taxes; creating the Budget Accountability for State's Economic Defense (BASED) Act; requiring certain withholding and estimated tax payments be made to State Treasurer. Effective date. Emergency.


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to federal taxes; creating the Budget Accountability for State’s Economic Defense (BASED) Act; providing short title; stating intent; creating the Taxpayer Protection Escrow Revolving Fund; providing sources of funds; providing for disbursement of funds by the State Treasurer; requiring deposit of interest from investment of funds in certain revolving fund; requiring all taxpayers and employers of this state to make payment to the State Treasurer in lieu or payment to the federal government; requiring the State Treasurer to deposit payments in certain revolving fund; requiring submission of report; prescribing reporting requirements; prohibiting the federal government from certain punishment or retaliation; deeming the withholding of certain funds to be unlawful; declaring certain federal actions null and void; requiring the Attorney General to indemnify certain individuals and entities; requiring the Attorney General to provide legal defense upon certain request; authorizing the Attorney General to request certain funds; creating the Taxpayer Defense Fund; providing sources of funds; providing for expenditure of funds; providing for noncodification; providing for codification; and declaring an emergency.

AI Summary

This bill creates the Budget Accountability for State's Economic Defense (BASED) Act, which requires Oklahoma employers and taxpayers to withhold federal tax payments and instead submit them to the State Treasurer, effectively creating an escrow system. The legislation is predicated on the state's view that the federal government's continued budget deficits (currently over $36 trillion) constitute a breach of constitutional responsibilities and pose an existential threat to national economic stability. Under the bill, these withheld tax funds will be deposited in a new "Taxpayer Protection Escrow Revolving Fund" and will only be released to the federal government if Congress passes a balanced budget. If no balanced budget is certified, the funds will be returned to employers and taxpayers within 90 days. The bill also creates a "Taxpayer Defense Fund" to provide legal protection for any individuals or entities potentially penalized by the federal government for compliance with this act, with the State Attorney General authorized to provide legal defense and indemnification. The legislation asserts Oklahoma's sovereign right to protect its citizens from what it characterizes as fiscally irresponsible federal spending, drawing on constitutional principles and emergency doctrines to justify this unprecedented approach to tax withholding.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Second Reading referred to Revenue and Taxation Committee then to Appropriations Committee (on 02/04/2025)

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