SENATE FLOOR VERSION - SB893 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 9, 2021 SENATE BILL NO. 893 By: Pugh An Act relating to income tax; amending 68 O.S. 2011, Section 2357.301, as amended by Se ction 1, Chapter 30, O.S.L. 2014 (68 O.S. Supp. 2020, Section 2357.301), which relate s to income tax credits; modifying definition related to credits for aerospace sector; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA: SECTION 1. AMENDATORY 68 O.S. 2011, Section 2357.301, as amended by Section 1, Chapter 30, O.S.L. 2014 (68 O.S. Supp. 2020, Section 2357.301), is amended to read as follows: Section 2357.301. As used in Sections 23 57.301 through 2357.304 of this title: 1. "Aerospace sector" means a private or publ ic organization engaged in the manufacture of aerospace or defense hardware or software, aerospace maintenance, aerospac e repair and overhaul, supply of parts to the aeros pace industry, provision of services and support relating to the aerospace industry, research and development of aerospace technology and systems, and the education and training of aerospace personnel; SENATE FLOOR VERSION - SB893 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. "Compensation" means payments in the form of contr act labor for which the payor is required to provide a Form 1099 to the person paid, wages subject to withholding tax paid to a part -time employee or full-time employee, or salary or other remuneration. Compensation shall not include employer -provided retirement, medical or health-care benefits, reimbursement for travel, meals, lodging or any other expense; 3. "Institution" means an institution within The Oklahoma State System of Higher Education or any o ther public or private college or university that is accredited by a national accrediting body; 4. "Qualified employer" means a sole proprietor, general partnership, limited partnership, limited liability company, corporation, other legally recognized bus iness entity, or public entity whose principal busi ness activity involves the aerospace sector; 5. "Qualified employee" means any person, regardless of the date of hire, employed in this state by or contracting in this state with a qualified employer on o r after January 1, 2009, who has been awarded an undergraduate or graduate degree from a qualified program by an institution, and who wa s not employed in the aerospace sector in this state immediately preceding employment or contracting with a qualified employer. Provided, the definition shall not be interpreted to exclude any person who was employed in the aerospace sector, but not as a full-time engineer, prior to being awarded an SENATE FLOOR VERSION - SB893 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 undergraduate or graduate degree from a qualified program by an institution or any person who has been awarded an undergradua te or graduate degree from a qualified program by an institution and is employed by a professional staffing company and assigned to work in the aerospace sector in this state; 6. "Qualified program" means a program at an institution that includes a graduate or undergraduate program that has been accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET) and that awards an undergraduate or graduate degree . Both the undergraduate and graduate programs of the same discipline of engin eering at an institution shall be part of the qualified program if either program is ABET accredited; and 7. "Tuition" means the average annual amount paid by a qualified employee f or enrollment and instruction in a qua lified program. Tuition shall not include the cost of books, fees or room and board. SECTION 2. This act shall become effective November 1, 2021. COMMITTEE REPORT BY: COMMITTEE ON FINANCE February 9, 2021 - DO PASS