Okla. Stat. tit. 68, § 68-3951

— Applications.

A. An establishment which meets the qualifications specified in

the Oklahoma Five Major Sports Leagues Rebate Program Act may

receive quarterly rebate payments from the Oklahoma Tax Commission

pursuant to the provisions of the Oklahoma Quality Jobs Program Act;

provided, such an establishment defined or classified in the NAICS

Manual under U.S. Industry No. 711211 (2007 version) and which is a

professional sports team from one of the five major sports leagues

(National Football League, or NFL; National Basketball Association,

or NBA; National Hockey League, or NHL; Major League Baseball, or

MLB; and Major League Soccer, or MLS) may receive quarterly rebate

payments for the period of time that the establishment is located

and performs in this state. The amount of payment shall be equal to

the net benefit rate multiplied by the actual gross payroll of

sports-league jobs for a calendar quarter as verified by the

Oklahoma Employment Security Commission.

1. Any establishment or entity with a NAICS code classified as

711211 and which is a professional sports team from one of the five

major sports leagues (NFL, NBA, NHL, MLB, and MLS) that entered into

a contract for the Quality Jobs Incentive Program with the Oklahoma

Department of Commerce shall only be eligible to qualify for this

program once the Quality Jobs contract expires or is terminated.

2. Based upon the effective date upon which the first rebate

payment is to be received, an establishment or entity may receive

quarterly rebate payments. However, the total yearly (or four

consecutive) rebate payments shall not exceed Ten Million Dollars

($10,000,000.00) in any single year.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1471

3. As used in this act, “sports-league jobs” means:

a. full-time-equivalent employment in this state in an

establishment which has qualified to receive a payment

pursuant to the provisions of the Oklahoma Five Major

Sports Leagues Rebate Program Act, and

b. shall include full-time-equivalent employment in this

state of employees who are employed by an employment

agency or similar entity other than the establishment

which has qualified to receive a payment and who are

leased or otherwise provided under contract to the

qualified establishment if the job otherwise qualifies

as a sports-league job.

Sports-league jobs shall not include compensation paid to an

employee or independent contractor for an athletic contest conducted

in the state if the compensation is paid by an entity that does not

have its principal place of business in the state or that does not

own real or personal property having a market value of at least One

Million Dollars ($1,000,000.00) located in the state, and the

employees or independent contractors of such entity are compensated

to compete against the employees or independent contractors of an

establishment that qualifies for rebate payments pursuant to this

act and which is organized under Oklahoma law or that is lawfully

registered to do business in the state and which does have its

principal place of business located in the state and owns real or

personal property having a market value of at least One Million

Dollars ($1,000,000.00) located in the state.

B. In order to receive rebate payments, an establishment shall

apply to the Oklahoma Department of Commerce. The application shall

be on a form prescribed by the Department and shall contain such

information as may be required by the Department to determine if the

applicant is qualified.

C. Except as otherwise provided by this section, in order to

qualify to receive payments, the establishment applying shall be

required to:

1. Have an annual gross payroll for sports-league jobs

projected by the Department to equal or exceed Ten Million Dollars

($10,000,000.00) within one (1) year of the first complete calendar

quarter following the start date; and
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applicant is qualified.

C. Except as otherwise provided by this section, in order to

qualify to receive payments, the establishment applying shall be

required to:

1. Have an annual gross payroll for sports-league jobs

projected by the Department to equal or exceed Ten Million Dollars

($10,000,000.00) within one (1) year of the first complete calendar

quarter following the start date; and

2. Have a number of full-time-equivalent employees subject to

the tax imposed by Section 2355 of Title 68 of the Oklahoma Statutes

and working an annual average of thirty (30) or more hours per week

in sports-league jobs located in this state equal to or in excess of

eighty percent (80%) of the total number of sports-league jobs.

D. Upon approval of an application, the Department shall notify

the Tax Commission and shall provide it with a copy of the contract

and the results of the cost-benefit analysis. The Tax Commission

may require the qualified establishment to submit additional

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1472

information as may be necessary to administer the provisions of the

Oklahoma Five Major Sports Leagues Rebate Program Act. The approved

establishment shall file quarterly claims with the Tax Commission

and shall continue to file such quarterly claims during the period

in which the establishment or entity from one of the five major

sports leagues is located and performs in this state to show its

continued eligibility for rebate payments, or until it is no longer

qualified to receive rebate payments. The establishment or entity

may be audited by the Tax Commission to verify eligibility. Once

the establishment or entity is approved, an agreement shall be

deemed to exist between the establishment and this state, requiring

the continued rebate payment to be made as long as the establishment

or entity retains its eligibility as defined in and established

pursuant to this section and within the limitations contained in the

Oklahoma Five Major Sports Leagues Rebate Program Act, which existed

at the time of approval. An establishment or entity described in

this subsection shall be required to repay all rebate payments

received under the Oklahoma Five Major Sports Leagues Rebate Program

Act if the establishment or entity is determined by the Tax

Commission to no longer have business operations in the state within

three (3) years from the beginning of the calendar quarter for which

the first rebate payment claim is filed.

E. For any contract executed by an establishment or entity

pursuant to this act, five percent (5%) of the quarterly rebate

payment amount shall be transferred by the Tax Commission to the

Oklahoma Quick Action Closing Fund.