Oklahoma
Smoking is prohibited in any indoor place used by or open to the public, all parts of a zoo to which the public may be admitted, whether indoors or outdoors and on public transportation. Exceptions are made for: 1) licensed charitable bingo games during their hours of operation; 2) up to 25 percent of hotel/motel rooms, 3) retail tobacco stores as defined; and 4) veterans’ organizations. If smoking is to be permitted in any space exempted, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and be under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Smoking is also allowed in separately enclosed and separately ventilated areas/rooms in government and private workplaces and restaurants. The state Legislature by adopting this act intends to preempt any other regulation promulgated to control smoking in public places and to standardize laws that governmental subdivisions may adopt to control smoking. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. Tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).
The gaming areas and the areas where simulcast wagering is conducted by an Oklahoma Horse Racing Commission licensee shall not be subject to the state restrictions on smoking in public places if the following conditions are met: each gaming or simulcast area in which smoking is permitted shall be fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape to nonsmoking areas when a door is opened, and no air from a smoking area is re-circulated to nonsmoking areas of the building; and no exhaust from such gaming or simulcast area shall be located within 25 feet of any entrance, exit, or air intake.
OKLA. STAT. ANN. Tit. 3A, § 208.12 (2004).
Custody of, guardianship of or any visitation with a child shall not be granted to any person if it is established that the custody, guardianship or visitation will likely expose the child to a foreseeable risk of material harm. This could apply to secondhand smoke if a person can establish that secondhand smoke can cause a foreseeable risk of material harm.
OKLA. STAT. ANN. tit. 10, § 21.1(D)(3) (2004).
Government Buildings
Smoking is not permitted in any building owned or operated by the state of Oklahoma or political subdivisions or within 25 feet of the entrance or exit, except one designated smoking room is allowed. The designated smoking room shall not be used for the conduct of public business; and shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is re-circulated to nonsmoking areas of the building. No smoking exhaust shall be located within 25 feet of any entrance, exit or air intake. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).
Private Workplaces
Smoking is not permitted in any indoor workplace except private offices, workplaces in which the only employees are the owner and immediate family, or workplaces occupied only by one or more smokers. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within 15 feet of any entrance, exit or air intake. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).
Schools
Smoking is prohibited in all primary and secondary schools. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility.
OKLA. STAT. ANN. tit. 63, § 1-1523 (2007).
Child Care Centers
No person shall smoke in a licensed child care facility or in a private residence used as a child care facility during its hours of operation. The definition of “child care facility” includes a foster family home. In addition to any other penalties, the Department of Human Services shall impose administrative fines of $50 for the first offense, $100 for the second offense in a one year period and $250 for a third or subsequent offense in a one year period against childcare facilities for violations. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 63, §§ 1-1521 et seq. (2007).
Health Facilities
Smoking is prohibited except in medical research or treatment centers, if smoking is integral to the research or treatment. Nursing homes may designate smoking rooms. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 63, §§ 1-1521 et seq. (2007).
Restaurants
Restaurants: As of March 1, 2006, smoking areas in restaurants are required to be enclosed and separately ventilated. Outdoor seating areas of the restaurant are exempt except smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).
Bars: Bars, taverns, and cigar bars are exempted from the prohibition on smoking in public places. If smoking is to be permitted in any space exempted, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit, or air intake. Any employer may choose a more restrictive smoking policy, including being totally smokefree. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).
Penalties/Enforcement
The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal at each entrance to the building indicating that the place is smokefree. Any person who knowingly violates this act is guilty of a misdemeanor and shall be punished by a fine of $10 to $100. The Oklahoma State Board of Health is the designated enforcement agency. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).
Cigarettes
Tax rate per pack of 20: $1.03
Date last changed: January 1, 2005 — from 23 cents to $1.03
Year first enacted: 1933
OKLA. STAT. tit. 68, §§ 302, 302-1, 302-2, 302-4 & 302-5 (2005).
State sales taxes are no longer collected on cigarettes and tobacco products pursuant to a legislative referendum passed on November 2, 2004.
OKLA. STAT. tit. 68, § 1355(11) (2005).
Cigarette tax revenue is distributed as follows:
18 cents to the Oklahoma Building Bonds of 1992 Sinking Fund and 5 cents to the General Revenue Fund. The remaining 80 cents is distributed based on the following percentages: 22.06 percent to the Health Employee and Economy Improvement Act Revolving Fund; 3.09 percent to the Comprehensive Cancer Center Debt Service Revolving Fund; 7.50 percent to the Trauma Care Assistance Revolving Fund; 3.09 percent to the Oklahoma State University College of Osteopathic Medicine Revolving Fund; 26.38 percent to the Oklahoma Health Care Authority Medicaid Program Fund; 2.65 percent to the Department of Mental Health and Substance Abuse Services Revolving Fund; 0.44 percent to the Belle Maxine Hilliard Breast and Cervical Cancer Treatment Revolving Fund; one percent to the Teachers’ Retirement System Revolving Fund; 2.07 percent to the Education Reform Revolving Fund; 0.66 percent to the Tobacco Prevention and Cessation Revolving Fund, which in part funds the state tobacco prevention program; 16.83 percent to the General Revenue Fund; and 14.23 percent to municipalities and counties that levy a sales tax, in the proportions which total municipal and county sales tax revenue was apportioned by the Oklahoma Tax Commission in the preceding month.
OKLA. STAT. tit. 68, §§ 302, 302-1, 302-2, 302-4 & 302-5 (2005).
Other Tobacco Products
Chewing tobacco, smokeless tobacco and snuff: 60% of the factory list price;
Smoking Tobacco: 80% of the factory list price;
Little Cigars (not weighing more than three lbs. per thousand): 72 cents per cigar;
Cigars (weighing more than three lbs. per thousand): 13 cents per cigar
OKLA STAT. tit. 68, §§ 402, 402-1, 402-2 & 402-3 (2005).
Revenue from 50 percent of the tax on chewing tobacco, smokeless tobacco and snuff; 50 percent of the tax on smoking tobacco; 18 cents of the tax on little cigars; and 4 cents of the tax on regular cigars goes to the General Revenue Fund. The remaining revenue (50 percent of the tax on chewing tobacco, smokeless tobacco and snuff; 50 percent of the tax on smoking tobacco; 54 cents of the tax on little cigars; and 9 cents of the tax on regular cigars) is distributed based on the same percentages specified for 80 cents of the cigarette tax. See above for details.
OKLA STAT. tit. 68, §§ 402-2, 402-3 & 404 (2005).
Revenue Collected
$201,550,000
Compliance/Enforcement
The Alcoholic Beverage Laws Enforcement (ABLE) Commission is authorized and empowered to enforce most youth access laws. Persons under 18 years of age may be enlisted by the ABLE Commission, a municipality or town, or a county to assist in compliance checks and enforcement if written parental consent has been provided and the testing is conducted under the direct supervision of the ABLE Commission or another authorized law enforcement agency. This shall not apply to the use of persons under 18 to test compliance if the test is being conducted by or on behalf of a retailer of cigarettes at any location where the retailer is authorized to sell cigarettes. Any other use of minors to test compliance shall be unlawful and punishable by a fine of $100. The ABLE commission shall notify storeowners when one of their employees has been determined to be in violation by the ABLE commission or convicted of a violation by a municipality. No agency or other political subdivision of the state may adopt any ordinance or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. Tit. 37, §§ 600.10 (1994) & 600.11 (2004).
Photo ID: A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be less than 18 years of age. “Proof of age” means a driver’s license, license for identification only, or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid. If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not less than 18 years of age, the failure to subsequently require proof of age shall not constitute a violation. Penalties for violation are the same as those for selling or distributing tobacco products to minors. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.3 (2004) & 600.10 (1994).
Penalties for Sales to Minors
It is unlawful for any person to sell, give or furnish in any manner any tobacco product to another person who is under 18 years of age. This does not apply to an employee under 18 handling tobacco products as part of his employment. Persons who violate this law shall be fined not more than $100 for the first offense, not more than $200 for the second offense within a two-year period, not more than $300 for the third offense within a two-year period and the license to sell tobacco products may be suspended for no more than 30 days, not more than $300 for a fourth and subsequent offense in a two-year period and the license to sell tobacco products may be suspended for no more than 60 days. If the sale is made by the employee of the owner of the store, the employee shall be guilty of the violation and shall be subject to the fine. Each violation of any employee of an owner of a store licensed to sell tobacco products shall be a violation against the owner for purposes of a license suspension. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age, shall be a defense to any action brought pursuant to this section. This can be proved if the individual who purchased or received the tobacco product presented a driver’s license or other form of government-issued photo identification purporting to establish that the individual was 18 years of age or older and the person cited for the violation confirmed the validity of the identification by performing a transaction scan by means of a transaction scan device. This does not relieve any person cited for a violation from exercising reasonable diligence to determine whether the physical description and picture appearing on the driver’s license was that of the person who presented it. County sheriffs may enforce this law. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.3 (2004) & 600.10 (1994).
It is unlawful to sell, give or furnish in any manner to another person who is under 18 any material or device used in the smoking, chewing, or other method of consumption of tobacco, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products. Violation is an administrative fine not to exceed $100 for each offense. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.13 (2004) & 600.10 (1994).
Penalties to Minors
It is unlawful for a person who is under 18 years of age to purchase, receive, or have in their possession a tobacco product; or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for an employee under 18 years of age to handle tobacco products when required in the performance of the employee’s duties. Minors found guilty shall be fined $100 for a first offense and $200 for subsequent offenses within a one-year period. If they fail to pay within 90 days, their driver’s license may be suspended, or not be issued or renewed. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.4 (1997) & 600.10 (1994).
Any minor in possession of tobacco products who is asked where and from whom such products were obtained by any police officer, constable, juvenile court officer, truant officer, or teacher, and who refuses to furnish such information shall be guilty of a misdemeanor. If the minor is 16 years of age or older, they shall be sentenced to a fine of $5 or imprisonment in the county jail for up to five days. If younger than 16, they shall be certified to the juvenile court for such action that court deems proper.
OKLA. STAT. ANN. tit. 21, § 1242 (1985).
Placement of Tobacco Products
It is unlawful for any person or retail store to display or offer for sale tobacco products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco product or an employee or the owner of the store. These provisions shall not apply to retail stores which do not admit into the store persons under 18 years of age. Violation is subject to an administrative fine of not more than $200 for each violation. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.10A (2004) & 600.10 (1994).
Sign Posting
Every person who sells tobacco at retail shall post at the place of business a sign that states “IT’S THE LAW. WE DO NOT SELL TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE.” The sign shall also provide the number for the ABLE Commission for reporting violations of youth access laws. Violators shall be fined $50 for each day such offense occurs. Cities and towns may enact and municipal police officers may enforce ordinances, but the provisions of ordinances shall be the same as provided for in this section, and the enforcement provisions under such ordinances shall not be more stringent than those of this section.
OKLA. STAT. ANN. tit. 37 §§ 600.5 (2004) & 600.10 (1994).
Bidis
Any person who shall furnish to any minor by gift, sale or otherwise any bidis shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in the amount of not less than $25 or more than $200 and by imprisonment in the county jail for a term of not less than 10 days or more than 90 days for each offense.
OKLA. STAT. ANN. tit. 21, § 1241 (2002).
Other Provisions
Internet Sales: No person shall mail, ship or otherwise deliver cigarettes in connection with a delivery sale unless first the person obtains a certification from the prospective customer that includes reliable confirmation the purchaser is over 18, and a statement verifying the consumer’s age and address, and indicates that the purchaser understands that signing another person’s name to the certification and/or sales to people under the age of 18 is illegal. The person must make a good faith effort to verify the information against a commercially available database or obtain a photocopy of the government issued ID of the purchaser. The person must also use a delivery service that requires the purchaser placing the delivery sale, or another adult of legal minimum purchase age residing at the purchaser’s address, to sign to accept delivery of the shipping container and proof, in the form of a valid, government-issued identification bearing a photograph of the individual unless the individual appears to be over 27 years of age. A first violation of the above provisions is a fine of up to $1,000. A second and subsequent violation is a penalty of at least $1,000 or five times the retail value of the cigarettes involved, whichever is greater. Knowingly violating the above provisions is a fine of $10,000, or five times the retail value of the cigarettes involved, whichever is greater and/or up to five years in prison. Failing to collect or remit taxes is a penalty of five times the retail value of the cigarettes involved in addition to any other penalty.
OKLA. STAT. ANN. Tit. 68, §§ 317.1 to 317.8 (2003).
Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.
Each individual employed as a retail clerk shall be informed of state law regarding sales of tobacco products to minors and shall sign a form attesting to their understanding of this law and promising as a condition of their employment to obey the law. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.6 (1997) & 600.10 (1994).
Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes
Samples
It shall be unlawful for any person to distribute tobacco products or product samples to anyone under 18, and in or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility when the facility is being used primarily by persons under 18. Violators shall be fined not more than $100 for the first offense, not more than $200 for the second offense, and not more than $300 for any subsequent offense. If they fail to pay within 90 days, their driver’s license may be suspended, or not be issued or renewed. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.8 (2004) & 600.10 (1994).
Single Cigarettes
It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer. Violators will be fined $200 for each offense. Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under provisions of this section, but the provisions of such ordinances shall be the same as provided for in this section, and the enforcement provisions under such ordinances shall not be more stringent than those of this section.
OKLA. STAT. ANN. tit. 37, § 600.9 (1997).
Restrictions on Sale of Tobacco Products in Vending Machines
Placement
Vending machines containing tobacco products shall be located in the following areas: areas of factories, businesses, offices or other places that are not open to the public; and places that are open to the public, but to which persons under 18 are not admitted. No agency or other political subdivision of the state may adopt any ordinance or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. tit. 37, §§ 600.7 (2004) & 600.10 (1994).
Penalty
No penalty specified for violation.
Requirements
Retailers, distributors, wholesalers and manufacturers must obtain a license from the state Tax Commission to sell cigarettes. Distributors, wholesalers and manufacturers’ licenses shall be valid for one year and a retailer’s license is valid for three years unless suspended or revoked. A separate license is required for each place of business and must at all times be conspicuously displayed in the place of business. No agency or other political subdivision of the state may adopt any ordinance or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. tit. 68, § 304 (2003) & tit. 37 § 600.10 (1994).
Fee
$30 every three years for a retail cigarette license; $25 annually for each place of business for a manufacturer, wholesaler or distributor of cigarettes. No agency or other political subdivision of the state may adopt any ordinance or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. tit. 68 § 304 (2003) & tit. 37 § 600.10 (1994).
License Suspension for Sales to Minors
For a third violation of the law prohibiting the sale of tobacco products to minors, the license to sell tobacco products may be suspended for not more than 30 days in addition to any other penalties. For a fourth and subsequent violations the license to sell tobacco products may be suspended for not more than 60 days in addition to any other penalties. Failure to pay an administrative fine as a result of a violation of the sales to minors’ law within 90 days will also result in a license suspension. No agency or other political subdivision of the state may adopt any ordinance or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.
OKLA. STAT. ANN. tit. 37, §§ 600.3 (2004) & 600.10 (1994).
It is unlawful for an employer to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions, or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during non-working hours or require as a condition of employment that any employee or applicant abstain from tobacco use during non-working hours. This shall not apply when the restriction on smoking relates to a bona fide occupational requirement or an applicable collective bargaining agreement which prohibits or allows off-duty use of tobacco products. The sole remedy for any individual claiming to be aggrieved by a violation of this law shall be a civil action for damages, including all wages and benefits deprived the individual by reason of the violation.
OKLA. STAT. ANN. tit. 40, § 500 (1991).
Industry Protection
The appeal bond required in any action or litigation involving a tobacco product manufacturer that is a party to the Master Settlement Agreement or a party to the Smokeless Tobacco Master Settlement Agreement shall be in an amount not to exceed 100 percent of the judgment, exclusive of interest and costs, or $25 million, whichever is less. However, if it is proved by a preponderance of the evidence that the appellant for whom the bond has been limited pursuant to this paragraph is intentionally dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding payment of the judgment, the court shall enter such orders as are necessary to prevent dissipation or diversion, including, but not limited to, requiring that a bond be posted equal to the full amount of security required
OKLA. STAT. ANN. tit. 12, § 990.4 (2001).
Tobacco Control Appropriations
Oklahoma allocated $18,000,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state general fund, state tobacco tax revenue, and interest generated from the state’s Tobacco Settlement Endowment Trust Fund funded by annual Master Settlement Agreement payments. $14,212,000 was allocated in FY2008.
FY2009 Annual Department of Health Budget (H.B. 2276) enacted 4/29/08 and effective 7/1/08 & interest generated by the Tobacco Settlement Endowment Trust Fund and certified for use in FY2009.
On November 7, 2000 the voters of Oklahoma approved State Question 692, a legislative constitutional amendment which added Section 40 to Article 10 of the state Constitution. The measure created the Tobacco Settlement Endowment Trust Fund. A percentage of the payments received by the state from tobacco companies are to be deposited in the fund. The percentage goes from 50 percent for the fiscal year ending June 30, 2002, to 75 percent for any fiscal year ending June 30, 2007, and after. Monies not deposited in the trust fund shall be subject to legislative appropriation. The trust fund is managed by a Board of Directors. The earnings from the trust fund may be expended by the Board of Directors for certain purposes, including tobacco prevention and cessation programs, health care, education, other children’s services and programs for senior adults.
OK CONSTITUTION § 10-40 (2000) & OKLA. STAT. ANN. tit. 62, §§ 2301 to 2310 (2003).
Non-Monetary Provisions
The “Tobacco Use Reduction Fund” was created as a revolving fund administered by the state Department of Health. The fund is not subject to fiscal year limitations and shall consist of all monies appropriated by the legislature, any other funds that may be appropriated by the Board of Directors of the Tobacco Settlement Endowment Trust Fund and all other monies including gifts, grants and other funds that may be directed thereto. All monies credited to the fund may be used for the state Plan for Tobacco Use Prevention and Cessation, overseen by the 20-member Tobacco Use Prevention and Cessation Advisory Committee, which is to meet at least four times a year. On or before January 1, 2002, the committee shall review and recommend a plan that is in compliance with nationally recognized guidelines or scientific evidence of effectiveness. Such eligible programs shall include media campaigns targeting youth, school and community based education programs, prevention and or cessation programs for youth and adults. Any money in the fund at the end of a fiscal year shall be retained for use in the next year.
OKLA. STAT. ANN. tit. 63, §§ 1-229.1 et. seq. (2001).
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