Opinion

NAIFEH v. STATE ex rel. OKLAHOMA TAX COMMISSION

  • 400 P.3d 759
  • 2017 OK 63
  • 2017 Okla. LEXIS 65
  • 2017 WL 3429895
Court
Supreme Court of Oklahoma
Filed
Aug 10, 2017
Status
Published
Author
Watt
On the bench
Combs, Gurich, Kauger, Winchester, Edmondson, Reif, Wyrick, Watt, Colbert
Cited by
19 cases

concluding that an exaction imposed on cigarettes was a tax, not a regulatory fee, and, therefore, constituted a “revenue bill” that had been unconstitutionally enacted

How later courts described this case

  • concluding that an exaction imposed on cigarettes was a tax, not a regulatory fee, and, therefore, constituted a “revenue bill” that had been unconstitutionally enacted
  • bill imposing a new $1.50-per-pack assessment on cigarettes was a revenue bill subject to the origination clause because the measure both had the “primary purpose of raising revenue for the support of state government and * * * levied a new tax in the strict sense of the word”
  • deciding the constitutionality of a proposed tax without joinder of all potential beneficiaries of the tax
  • examining other constitutional provisions to help define the constitutional provision at issue

Written by the judges who cited it.

The opinion

Watt, J.,

with whom Colbert, J., joins, concurring in part and dissenting in part:

SB 845 should be stricken in its entirety.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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