1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 893 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to income tax; amending 68 O.S. 2011,
7 Section 2357.301, as amended by Section 1, Chapter
8 30, O.S.L. 2014 (68 O.S. Supp. 2020, Section
8 2357.301), which relates to income tax credits;
9 modifying definition related to credits for aerospace
9 sector; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 68 O.S. 2011, Section 2357.301, as
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14 amended by Section 1, Chapter 30, O.S.L. 2014 (68 O.S. Supp. 2020,
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15 Section 2357.301), is amended to read as follows:
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16 Section 2357.301. As used in Sections 2357.301 through 2357.304
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17 of this title:
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18 1. "Aerospace sector" means a private or public organization
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19 engaged in the manufacture of aerospace or defense hardware or
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20 software, aerospace maintenance, aerospace repair and overhaul,
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21 supply of parts to the aerospace industry, provision of services and
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22 support relating to the aerospace industry, research and development
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23 of aerospace technology and systems, and the education and training
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24 of aerospace personnel;
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Req. No. 198 Page 1
1 2. "Compensation" means payments in the form of contract labor
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2 for which the payor is required to provide a Form 1099 to the person
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3 paid, wages subject to withholding tax paid to a part-time employee
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4 or full-time employee, or salary or other remuneration.
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5 Compensation shall not include employer-provided retirement, medical
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6 or health-care benefits, reimbursement for travel, meals, lodging or
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7 any other expense;
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8 3. "Institution" means an institution within The Oklahoma State
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9 System of Higher Education or any other public or private college or
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10 university that is accredited by a national accrediting body;
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11 4. "Qualified employer" means a sole proprietor, general
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12 partnership, limited partnership, limited liability company,
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13 corporation, other legally recognized business entity, or public
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14 entity whose principal business activity involves the aerospace
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15 sector;
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16 5. "Qualified employee" means any person, regardless of the
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17 date of hire, employed in this state by or contracting in this state
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18 with a qualified employer on or after January 1, 2009, who has been
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19 awarded an undergraduate or graduate degree from a qualified program
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20 by an institution, and who was not employed in the aerospace sector
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21 in this state immediately preceding employment or contracting with a
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22 qualified employer. Provided, the definition shall not be
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23 interpreted to exclude any person who was employed in the aerospace
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24 sector, but not as a full-time engineer, prior to being awarded an
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1 undergraduate or graduate degree from a qualified program by an
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2 institution or any person who has been awarded an undergraduate or
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3 graduate degree from a qualified program by an institution and is
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4 employed by a professional staffing company and assigned to work in
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5 the aerospace sector in this state;
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6 6. "Qualified program" means a program at an institution that
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7 includes a graduate or undergraduate program that has been
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8 accredited by the Engineering Accreditation Commission of the
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9 Accreditation Board for Engineering and Technology (ABET) and that
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10 awards an undergraduate or graduate degree. Both the undergraduate
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11 and graduate programs of the same discipline of engineering at an
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12 institution shall be part of the qualified program if either program
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13 is ABET accredited; and
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14 7. "Tuition" means the average annual amount paid by a
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15 qualified employee for enrollment and instruction in a qualified
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16 program. Tuition shall not include the cost of books, fees or room
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17 and board.
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18 SECTION 2. This act shall become effective November 1, 2021.
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20 58-1-198 QD 1/21/2021 4:32:49 PM
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Statutes affected:
Introduced: 68-2357.301
Floor (House): 68-2357.301
Floor (Senate): 68-2357.301
Engrossed: 68-2357.301
Amended And Engrossed: 68-2357.301
Enrolled (final version): 68-2357.301