ENGR. S. B. NO. 905 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 905 By: Bullard and Bergstrom of the Senate and Davis and McCall of the House An Act relating to income tax credit; crea ting income tax credit for certain employers ; defining terms; providing for specified amou nt of credit for employer for verified blood donation by employees under certain conditions; providing that credit is nonrefundable; imposing cap on credits; prescrib ing formula for adjustment to credit amounts ; authorizing rulemaking by Oklahoma Tax Commi ssion; providing for codification; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codif ied in the Oklahoma Statutes as Section 2357.406 of Title 68, unless there is created a duplication in numb ering, reads as follows: A. As used in this section: 1. “Blood donation” means the voluntary and uncomp ensated donation of whole blood, or specific components of blood, by an employee, drawn for use by a nonprofit blood bank organization as part of a blood drive; 2. “Blood drive” means a function held at a specific date and time which is organized by a non profit blood bank organization in ENGR. S. B. NO. 905 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 coordination with an employer or group of employers and is closed to nonemployees; 3. “Employee” means an individual employed by an employer authorized to claim a credit pursuant to this section; 4. “Employer” means a sole proprietor, general partnership, limited partnership, limited liability company, corpor ation or other legally recognized business entity; and 5. “Verified donation” means a blood donation by an employee, made during a blood drive as defined in paragrap h 2 of this subsection, which can be documen ted by an employer. B. For tax years 2022 thr ough 2027, an employer shall be allowed a credit against the tax imposed pursuant to Sec tion 2355 or 2355.1P-4 of Title 68 of the Oklahoma Statutes, for each verified donation of blood made by an employee as pa rt of a blood drive by an Oklahoma nonprofit b lood donation organization. C. The credit authorized by subsection B of this section sh all be equal to Twenty Dollars ($20.00) for each verified donation. D. The credit authorized by this section shall not be used to reduce the tax liability of the taxpa yer to less than zero (0). E. The total amount of credits authorized by this section us ed to offset tax shall be adjusted annually to limit the annual amount of credits to Five Hundred Thousand Dollars ( $500,000.00). The Oklahoma Tax Commission shall ann ually calculate and publish a percentage by which the credits authorized by this section shall be ENGR. S. B. NO. 905 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 reduced so the total amount of credits used to offset tax does not exceed Five Hundred Thousand Dollars ( $500,000.00) per year. The formula to be used for th e percentage adjustment shall be Five Hundred Thousand Dollars ( $500,000.00) divided by the credits claimed in the second preceding year. F. The Oklahoma Tax Commiss ion may determine, by rule, documentation required to implement this section. SECTION 2. This act shall become effective November 1, 2021. Passed the Senate the 8th day of March, 2021. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2021. Presiding Officer of the House of Representatives