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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4019 By: McBride of the House
and
Alvord of the Senate
COMMITTEE SUBSTITUTE
An Act relating to economic development; creating
investment rebate program until certain date;
providing qualifying criteria; requiring submission
of application; requiring the Oklahoma Department of
Commerce to approve or disapprove certain claims and
issue payment; limiting source of payments; making
payments contingent upon deposits to certain fund;
providing amount of rebate; authorizing conditional
pre-qualification; creating the Commerce
Manufacturing Activity Development Fund; establishing
fund procedures; providing sources of funds;
providing for expenditures from fund; directing
transfer of unencumbered fund upon certain date;
providing for codification ; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. NEW LAW A new se ction of law to be co dified
in the Oklahoma Statutes as Section 3647.1 of Title 68, unless there
is created a duplication in numbering, reads as follows:
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A. There is hereby created until J uly 1, 2030, an investment
rebate program for the cost of qualified capital expenditures
defined by Section 3645.3 of Title 68 of the Oklahoma Statutes, by
establishments defined by Section 3645.3 of Title 68 of the Oklahoma
Statutes, that:
1. Are defined or classified in the NAICS Manual under Industry
Group No. 325120; and
2. Have acquired real property located within the boundaries of
a municipality with a population between twenty thousand (20,000)
and thirty thousand (30,000), according to the late st Federal
Decennial Census, where the qualified capital will be loca ted.
B. To be eligible for consideration for an investment rebate
payment awarded under the provisions of this act, the establishment
shall:
1. Submit an applica tion and documentation to the Oklahoma
Department of Commerce, as required by the Department, outlining a
capital expenditure plan in this state associated with qualified
capital expenditures totaling no less than Eight Hundred Million
Dollars ($800,000,000.00);
2. Have made qualified capital expenditures of n o less than
twenty percent (20%) of t he capital expenditure plan outlined in the
application submitted by the primary establishment and approved by
the Oklahoma Department of Commerce, pursuant to the provisions of
this act; and
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3. Have filed all Oklahoma tax returns and tax documents
required by law.
C. Notwithstanding any other provision of law, no investment
expenditure shall be utilized for calculation purposes that results
in the qualification of more than one establishm ent under the
provisions of this act, for investment rebate payment s based on the
same expenditure.
D. 1. The Oklahoma Department of Commerce shall approve o r
disapprove claims for rebates and shall issue payment for all
approved claims from funds held i n the Commerce Manufacturing
Activity Development Fund created in Section 2 of this act.
2. The Department shall disapprove all applications and claims
or any portion of applications and claims for rebates that would
exceed the balance of available funds in the Commerce Manufacturing
Activity Development Fund.
3. The total amount of applications approved and investment
rebate payments awarded under the provisions of this act shall not
exceed the total amount of monies designated by law for deposit to
the Commerce Manufacturing Activity Development Fund.
E. 1. Subject to the approval and ongoing review of the
eligibility application by the Oklahom a Department of Commerce, the
investment rebate payment authorized by this act shall be equal to
six and twenty-five hundredths percent (6.25%) of the cost of the
qualified capital expenditure in th e year of expenditure.
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2. The Department is authorized to conditionally pre -qualify
and account for anticipated future investment rebate paym ents. The
Oklahoma Department of Commerce shall not pre-qualify investment
rebate payments, encumber funds, pre-encumber funds, or otherwise
allocate resources that would result in the allocation of investment
rebate payments in excess of the balance of a vailable funds in the
Commerce Manufacturing Activity De velopment Fund.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3647.2 of Title 68, unless there
is created a duplication in numberin g, reads as follows:
A. There is hereby created in the State Treasury a fund for the
Oklahoma Department of Commerce to be designated the "Commerce
Manufacturing Activity Development Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies designated for deposit to the fund by law.
All monies accruing to th e credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of paying rebates as provided in this act. Expenditures
from such fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Offic e of Management and Enterprise Services for
approval and payment.
B. All unencumbered funds remaining in the Commerce
Manufacturing Activit y Development Fund upon January 1, 2030, shall
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be transferred to the State Treasurer for deposit in the General
Revenue Fund.
SECTION 3. This act shall become effective July 1, 2024.
SECTION 4. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason w hereof this act shall take effect and
be in full force from and after its passag e and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
02/26/2024 - DO PASS, As Amended and Coauthored.