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ENGROSSED SENATE
BILL NO. 893 By: Pugh, Jett and Bergstrom of
the Senate
and
Fetgatter and Rosecrants of
the House
An Act relating to income tax; amending 68 O.S. 2011,
Section 2357.301, as amended by Section 1, Chap ter
30, O.S.L. 2014 (68 O.S. Supp. 2020, Section
2357.301), which relates to income tax credits;
modifying definition s related to credits for
aerospace sector; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 2357.301 throu gh 2357.304
of this title:
1. “Aerospace sector” means a private or public organization
engaged in the manufacture of aerospace or defense hardware or
software, aerospace mai ntenance, aerospace repair and overhaul,
supply of parts to the aerospace industr y, 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;
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2. “Compensation” means payments in the form of contract 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, med ical
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 other 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 lega lly recognized business entity, or public
entity whose principal business activit y 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 or after January 1, 2009, who has been
awarded an undergraduate or graduate degree from a qualified program
by an institution, and who was not employed in the aerospace sector
in this state immediately preceding employment or contracting w ith a
qualified employer, and who has been either:
a. awarded an undergraduate or graduate degree from a
qualified program by an institution, or
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b. licensed as a Professional Engineer by the State Board
of Licensure for Profess ional Engineers and Land
Surveyors pursuant to Section 475.15 of Title 59 of
the Oklahoma Statutes.
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 undergraduat e or graduate
degree from a qualified program by an institutio n or any person who
has been awarded an undergraduate 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 engineering 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 for enr ollment and instruction in a qualified
program. Tuition shall not include the cost of books, fees or room
and board.
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SECTION 2. This act shall become effecti ve November 1, 2021.
Passed the Senate the 11th day of March, 2021.
Presiding Officer of the Se nate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives