§ 68-4104. Quality investment agreements – Duration – Investment – Terms.

A.  A qualified establishment shall be eligible to enter into a quality investment agreement with the Oklahoma Department of Commerce for a period not to exceed five (5) years.

B.  Under such an agreement, the establishment shall agree to abide by the terms of the agreement in accordance with the provisions of this act, including investing capital costs in this state in a projected amount each year during the term of the agreement.  Actual investment amounts may vary from those amounts specified in the agreement, but in no event shall the quality investment payments made exceed an amount that is based on the estimated amount in the agreement or the actual investment amount listed in the claim and verified by the Oklahoma Tax Commission.  The total amount of capital costs eligible for investment payments to a qualified establishment shall not exceed Fifty Million Dollars ($50,000,000.00).  In exchange, the state shall agree to make an annual payment in an amount equal to ten percent (10%) of the amount of capital costs invested by the qualified establishment in this state during the preceding fiscal year.

C.  No investment payment authorized by this act shall be made to a qualified establishment until July 1, 2005, or thereafter.  The amount of investment payment shall not exceed a total of One Million Dollars ($1,000,000.00) for any fiscal year during which a quality investment agreement is in effect.

D.  If a qualified establishment makes a capital investment during any period of time in excess of Ten Million Dollars ($10,000,000.00) and the amount of the investment payment to which the establishment is otherwise entitled by this act would exceed the limit prescribed by subsection C of this section, the establishment may carry over the excess investment payment amount to any subsequent fiscal year and may be paid such amount in a subsequent year if the combined amount of the carryover and investment payment based on actual capital investment for the preceding period does not exceed One Million Dollars ($1,000,000.00).  Not more than Five Million Dollars ($5,000,000.00) in total investment payments shall be payable or paid to a qualified establishment.

E.  Any carryover amount may be carried over for a period of time necessary in order for the qualified establishment to be paid the full amount of investment payments authorized by this act based upon actual capital investment made in the state during the term of the quality investment agreement.

F.  A qualified establishment may enter into a quality investment agreement with the Department according to the following procedures:

1.  The establishment shall make an initial application to the Department on a form prescribed by the Department containing such information as may be required by the Department;

2.  The Department shall determine if the establishment meets the following requirements:

a.the establishment is engaged in manufacturing described by Industry Number 3011, Industry Group Number 301, Major Group 30 of the Standard Industrial Classification Manual, latest revision, at a specified site in this state,

b.the establishment has been located and doing business in this state for a continuous period of time of not less than ten (10) years prior to the date of the application,

c.the establishment offers, or will offer within twelve (12) months of entering into a quality investment agreement, a basic health benefits plan as described in subparagraph b of paragraph 1 of subsection A of Section 3603 of Title 68 of the Oklahoma Statutes to its employees in this state,

d.the establishment will incur, with respect to the manufacturing site which is the subject of the agreement, capital costs projected to equal or exceed Ten Million Dollars ($10,000,000.00) within the period of the quality investment agreement, and capital costs projected to equal or exceed One Million Dollars ($1,000,000.00) during the first year of the agreement,

e.the establishment will maintain Oklahoma taxable payroll during the period of the quality investment agreement and for at least two (2) years following expiration of the agreement in an amount not less than sixty percent (60%) of the establishment’s Oklahoma taxable payroll as of the start date, and

f.the establishment will pay its employees in this state an average annualized wage which equals or exceeds Forty Thousand Dollars ($40,000.00) exclusive of health care benefits paid for by the establishment; and

3.  The determination shall be made upon application of the establishment and annually thereafter as a condition of receiving an investment payment pursuant to the provisions of this act.

Upon approval of an establishment, the Department shall enter into a quality investment agreement with the establishment for a period not to exceed five (5) years.  The agreement shall specify the start date and the duration of the agreement.  The agreement shall provide that:

a.the establishment shall receive an investment payment in an amount determined by the provisions of this section,

b.the establishment shall continue to meet the requirements of paragraph 2 of this subsection and all other provisions of this act for the duration of the agreement, and

c.the establishment shall agree to make an investment in capital costs in this state in a projected amount for each year of the agreement.

Added by Laws 2004, c. 391, § 4, eff. July 1, 2004.