28 | | - | ENGROSSED SENATE AMENDMENT |
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29 | | - | TO |
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30 | | - | ENGROSSED HOUSE |
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31 | | - | BILL NO. 4019 By: McBride and Townley of the |
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32 | | - | House |
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33 | | - | |
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34 | | - | and |
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35 | | - | |
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36 | | - | Alvord of the Senate |
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37 | | - | |
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38 | | - | |
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39 | | - | |
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40 | | - | [ economic development – investment rebate program – |
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41 | | - | qualifying criteria – application – Oklahoma |
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42 | | - | Department of Commerce – claims – payments – |
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43 | | - | conditional pre-qualification – Commerce |
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44 | | - | Manufacturing Activity Development Fund - |
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45 | | - | codification ] |
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46 | | - | |
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47 | | - | |
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48 | | - | |
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49 | | - | |
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50 | | - | AMENDMENT NO. 1. Page 1, strike the enacting clause |
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51 | | - | |
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52 | | - | Passed the Senate the 25th day of April, 2024. |
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53 | | - | |
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54 | | - | |
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55 | | - | |
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56 | | - | Presiding Officer of the Senat e |
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57 | | - | |
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58 | | - | |
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59 | | - | Passed the House of Representatives the ____ day of __________, |
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60 | | - | 2024. |
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61 | | - | |
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62 | | - | |
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63 | | - | |
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64 | | - | Presiding Officer of the House |
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65 | | - | of Representatives |
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66 | | - | |
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67 | | - | ENGR. H. B. NO. 4019 Page 1 1 |
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| 29 | + | SENATE FLOOR VERSION |
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| 30 | + | April 18, 2024 |
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| 31 | + | AS AMENDED |
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91 | 32 | | |
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92 | 33 | | ENGROSSED HOUSE |
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93 | 34 | | BILL NO. 4019 By: McBride and Townley of the |
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94 | 35 | | House |
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95 | 36 | | |
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96 | 37 | | and |
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97 | 38 | | |
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98 | 39 | | Alvord of the Senate |
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99 | 40 | | |
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100 | 41 | | |
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101 | 42 | | |
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102 | 43 | | |
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103 | 44 | | |
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104 | 45 | | [ economic development – investment rebate program – |
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105 | 46 | | qualifying criteria – application – Oklahoma |
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106 | 47 | | Department of Commerce – claims – payments – |
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107 | 48 | | conditional pre-qualification – Commerce |
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108 | 49 | | Manufacturing Activity Development Fund - |
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109 | 50 | | codification ] |
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110 | 51 | | |
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111 | 52 | | |
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112 | 53 | | |
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113 | 54 | | |
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114 | 55 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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115 | 56 | | SECTION 1. NEW LAW A new section of l aw to be codified |
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116 | 57 | | in the Oklahoma Statutes as Section 3647.1 of Title 68, unless there |
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117 | 58 | | is created a duplication in numbering, reads as follows: |
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118 | 59 | | A. There is hereby created until July 1, 2030, an investment |
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119 | 60 | | rebate program for the cost of qualified capital e xpenditures |
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120 | 61 | | defined by Section 3645.3 of Title 68 of the Oklahoma Statutes, by |
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121 | 62 | | establishments defined by Section 3645.3 of Title 68 of t he Oklahoma |
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122 | 63 | | Statutes, that: |
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151 | 93 | | 2. Have acquired real property located within the boundaries of |
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152 | 94 | | a municipality with a population between twenty thousand (20,000) |
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153 | 95 | | and thirty thousand (30,000), according to the latest Federal |
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154 | 96 | | Decennial Census, where the qualified capital will be located. |
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155 | 97 | | B. To be eligible for consideration for an investment rebate |
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156 | 98 | | payment awarded under the provisions of this act, the establishment |
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157 | 99 | | shall: |
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158 | 100 | | 1. Submit an application and documentation to the Oklahoma |
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159 | 101 | | Department of Commerce, as required by the Department, outlining a |
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160 | 102 | | capital expenditure plan in this state associated with qualified |
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161 | 103 | | capital expenditures totaling no less than Eight Hundred Million |
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162 | 104 | | Dollars ($800,000,000.00); |
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163 | 105 | | 2. Have made qualified capital expenditures of no less than |
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164 | 106 | | twenty percent (20%) of the capital expenditure plan outlined in the |
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165 | 107 | | application submitted by the primary establishment and approved by |
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166 | 108 | | the Oklahoma Department of Commerce , pursuant to the provisions of |
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167 | 109 | | this act; and |
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168 | 110 | | 3. Have filed all Oklahoma tax returns and tax documents |
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169 | 111 | | required by law. |
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170 | 112 | | C. Notwithstanding any other provision of law, no investment |
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171 | 113 | | expenditure shall be utilized for calculation purposes that results |
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172 | 114 | | in the qualification of more than one establishment under the |
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201 | 144 | | D. 1. The Oklahoma Department of Commerce shall approve or |
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202 | 145 | | disapprove claims for rebates and shall issue paymen t for all |
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203 | 146 | | approved claims from funds held in the Commerce Manufacturing |
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204 | 147 | | Activity Development Fund created in Section 2 o f this act. |
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205 | 148 | | 2. The Department shall disapprove all applications and claims |
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206 | 149 | | or any portion of applications and claims for rebates that would |
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207 | 150 | | exceed the balance of available funds in the Commerce Manufacturing |
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208 | 151 | | Activity Development Fund. |
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209 | 152 | | 3. The total amount of applications approved and investment |
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210 | 153 | | rebate payments awarded under the provisions of this act shall not |
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211 | 154 | | exceed the total amount of m onies designated by law for deposit to |
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212 | 155 | | the Commerce Manufacturing Activity Development Fund. |
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213 | 156 | | E. 1. Subject to the appr oval and ongoing review of the |
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214 | 157 | | eligibility application by the Oklahoma Department of Commerce, the |
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215 | 158 | | investment rebate payment authorized by this act shall be equal to |
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216 | 159 | | six and twenty-five hundredths percent (6.25%) of the cost of the |
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217 | 160 | | qualified capital expend iture in the year of expenditure. |
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218 | 161 | | 2. The Department is authorized to conditionally pre -qualify |
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219 | 162 | | and account for anticipated future inves tment rebate payments. The |
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220 | 163 | | Oklahoma Department of Commerce shall not pre -qualify investment |
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221 | 164 | | rebate payments, encumber f unds, pre-encumber funds, or otherwise |
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222 | 165 | | allocate resources that would result in the allocation of investment |
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251 | 195 | | SECTION 2. NEW LAW A new section of law to be codified |
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252 | 196 | | in the Oklahoma Statutes as Section 3647.2 of Title 68, unless there |
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253 | 197 | | is created a duplication in numbering, reads as follows: |
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254 | 198 | | A. There is hereby created in the State Treasury a fund for the |
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255 | 199 | | Oklahoma Department of Commerce to be designated the "Commerce |
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256 | 200 | | Manufacturing Activity Development Fund". The fund shall be a |
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257 | 201 | | continuing fund, not subject to fiscal year limitations, and shall |
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258 | 202 | | consist of all monies designated for deposit to the fund by law. |
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259 | 203 | | All monies accruing to the credit of the fund are hereby |
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260 | 204 | | appropriated and may be budgeted and expended by the Department for |
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261 | 205 | | the purpose of paying reb ates as provided in this act. Expenditures |
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262 | 206 | | from such fund shall be made upon warrants issued by the State |
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263 | 207 | | Treasurer against claims filed as prescribed by law with the |
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264 | 208 | | Director of the Office of Management and Enterprise Services for |
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265 | 209 | | approval and payment. |
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266 | 210 | | B. All unencumbered funds remaining in the Commerce |
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267 | 211 | | Manufacturing Activity Development Fund upon January 1, 2030, shall |
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268 | 212 | | be transferred to the State Treasurer for deposit in the General |
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269 | 213 | | Revenue Fund. |
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