STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 154	By:	Mazzei

AS INTRODUCED

An Act relating to the Oklahoma Quality Jobs Program Act; amending Section 5, Chapter 376, O.S.L. 2003 (68 O.S. Supp. 2010, Section 3612), which relates to calculation of incentive payments; providing for application of certain provision to specified determination; updating reference; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 5, Chapter 376, O.S.L. 2003 (68 O.S. Supp. 2010, Section 3612), is amended to read as follows:
Section 3612.  A.  For purposes of the determination required to be made by the Department of Commerce pursuant to paragraph 2 of subsection A of Section 3603 of Title 68 of the Oklahoma Statutes this title with respect to a change in control event pursuant to the Oklahoma Quality Jobs Program Act, the Department of Commerce shall include jobs created by an establishment as a result of a retained, expanded or new facility if:
1.  The establishment and jobs are defined or classified under Industry Number 326211 of the NAICS Manual;
2.  The jobs were not created by the establishment more than fourteen (14) calendar quarters prior to the date of approval of the application by the Department of Commerce; and
3.  The establishment’s application has been approved by the Department of Commerce prior to March 30, 1997.
B.  For the purpose of calculating incentive payments as provided by Section 3606 of Title 68 of the Oklahoma Statutes this title, the Oklahoma Tax Commission shall include payroll for those jobs which meet the requirements of subsection A of this section regardless of whether such jobs fall within the definition of a new direct job; provided, an establishment shall in no event be entitled to such incentive payments on payroll for those jobs which meet the requirements of subsection A of this section made prior to the effective date of this act July 1, 2003.  No claims may be made for such payroll prior to July 1, 2004.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-169	JCR	1/7/2011 1:56:09 PM