Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB1071 Engrossed / Bill

Filed 05/01/2023

                     
 
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ENGROSSED HOUSE AMENDME NT 
 TO 
ENGROSSED SENATE BILL NO . 1071 By: Montgomery of the Senate 
 
  and 
 
  Wallace of the House 
 
 
 
[ income tax - exemption - eligibility - application 
- codification - effective date ] 
 
 
 
 
AUTHOR:  Add the following House Coauthor:  Boles 
 
AMENDMENT NO. 1.  Strike the stricken title, enacting clause, and 
entire bill and insert: 
 
 
"[ income tax – exemption – hydrogen manufacturer – 
effective date ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : 
SECTION 1.    NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Sec tion 2357.91 of Title 68, unless 
there is created a duplication in numbering, reads as follows : 
A.  For tax years 2024 through 2034, the first Ten Million 
Dollars ($10,000,000.00) of revenues generated from the operation of 
a newly constructed establishment in this state placed in service 
after the effective date of this act, primarily engaged in the 
manufacture of hydrogen classified in the NAICS Manual under U.S.   
 
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Industry No. 325120, shall be exempt from the tax imposed by Section 
2355 of Title 68 of the Oklahoma Statutes for the first five (5) 
years of operations. 
B.  To qualify for the exemption provided in subsection A of 
this section, an establishment shall pay wages or salaries at a wage 
that equals or exceeds the average wage requirements in the Oklahoma 
Quality Jobs Program Act, Section 3601 et seq. of Title 68 of the 
Oklahoma Statutes. 
C.  Eligibility for an establishment pursuant to this section 
for each applicable tax year shall be determined by the Oklahoma Tax 
Commission, upon the annual filing of an application provided by the 
Commission stating that th e establishment qualifies and containing 
information as may be required by the Commission. 
SECTION 2.  This act shall become effective November 1, 2023." 
Passed the House of Representatives the 27th day of April, 2023. 
 
 
 
 
  
Presiding Officer of the House of 
 	Representatives 
 
 
Passed the Senate the ____ day of _______ ___, 2023. 
 
 
 
 
  
Presiding Officer of the Senate  
 
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ENGROSSED SENATE 
BILL NO. 1071 	By: Montgomery of the Senate 
 
  and 
 
  Wallace of the House 
 
 
 
 
[ income tax - exemption - eligibility - application 
- codification - effective date ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Sec tion 2357.91 of Title 68, unless 
there is created a duplication in numb ering, reads as follows : 
A.  For tax years 2024 through 2034, revenues generated from the 
operation of a newly constructed establishment in this state placed 
in service after the effective date of this act, primarily engaged 
in the manufacture of hydrogen classified in the NAICS Manual under 
U.S. Industry No. 325120, shall be exempt from the tax imposed by 
Section 2355 of Title 68 of the Oklahoma Statutes for the first five 
(5) years of operations. 
B.  To qualify for the exemption provided in subsec tion A of 
this section, an esta blishment shall meet the following 
requirements: 
1. The natural gas used in the production of the hydrogen shall 
be produced in this state ; and   
 
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2.  Payment of wages or salaries at a wage that equals or 
exceeds the average wage requirements in the Oklahoma Quality Jobs 
Program Act, Section 3601 et seq. of Title 68 of the Oklahoma 
Statutes. 
C.  Eligibility for an establishment pursuant to this section 
for each tax year shall be determined by the Oklahoma Tax 
Commission, upon the annual filing of an application provided by the 
Commission stating that the establishment qualifies and containing 
information as may be required by Commission. 
SECTION 4.  This act shall become effective November 1, 2023. 
Passed the Senate the 20th day of March, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives