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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022 )
HOUSE BILL 3351 By: McCall, McBride and Fugate
AS INTRODUCED
An Act relating to revenue and taxation ; defining
terms; creating tax credit for parent donations to
teachers; limiting credit amount per child; limiting
application of credit; authorizing carryover; setting
total annual credits cap; authorizing Oklahoma Tax
Commission to promulgate rules; providing for
codification; and providing an effe ctive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 2357.501 of Title 68, unless
there is created a duplication in numbe ring, reads as follows:
A. As used in this section:
1. "Child" means a person under eighteen (18) years of age who
is enrolled part-time or full-time at a public preschool or a public
elementary or secondary school which is primarily used for classroom
instruction;
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2. "Classroom teacher" means a person employed by a school
district to teach students specifically identified c lasses for
specifically identified subjects during the course of a semester,
and who holds a valid certificate or license issued by and in
accordance with the rules a nd regulations of the State Board of
Education; and
3. "Parent" means the natural or adoptive parent or legal
guardian of a child.
B. For taxable years beginning after December 31, 2022, there
shall be allowed a credit a gainst the tax imposed pursuant to
Section 2355 of Title 68 of the Oklahoma Statutes in the amount of
one hundred percent (1 00%) of the total amount of monetary donations
made by a parent directly to his or her child's classroom teacher
during a taxable year.
C. The credit authorized purs uant to this section shall not
exceed One Thousand Dollars ($1,000.00) per child per taxable year.
D. The credit authorized p ursuant to this section may not be
used to reduce the tax liability of the taxpayer to less than zero
(0).
E. To the extent not used, the credit authorized by this
section may be carried over, in order, to each of the th ree (3)
subsequent taxable years.
F. The total credits authorized pursuant to this section for
all taxpayers shall not exceed Five Million Dollars ($5,000,000.00)
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annually. In the event the total tax credits authorized by this
section exceed Five Million Dollars ($5,000,000.00) in any calendar
year, the Tax Commission shall permit any excess over Five Million
Dollars ($5,000,000.00) , but shall factor such excess int o the
percentage adjustment formula for subsequent years. The Tax
Commission shall annuall y calculate and publish by the first day of
the affected year a percentage by which the credits authorized by
this section shall be reduced so the total amount of cr edits used to
offset tax does not exceed Five Million Dollars ($5,000,000.00) per
year. The formula to be used for the percentage adjustment shall be
Five Million Dollars ($5,000,000.00) divided by the credits claimed
in the second preceding year.
G. In consultation with the State Department of Education, the
Oklahoma Tax Commission shall prom ulgate rules necessary to
implement and administer the credit authorized in this section . The
rules shall include a process for a parent to anonymously make
monetary donations to his or her child's classroom teacher .
SECTION 2. This act shall become effective January 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/08/2022 - DO PASS,
As Coauthored.