Filing of claims — Verification process

# A.

As soon as practicable after the end of the first complete calendar quarter following the start date, the establishment or entity shall file a claim for the payment with the Oklahoma Tax Commission and shall specify the actual number and gross payroll of sports-league jobs for the establishment or entity for the calendar quarter. The Tax Commission shall verify the actual gross payroll for sports-league jobs for the establishment for such calendar quarter. If the Tax Commission is not able to provide verification utilizing all available resources, the Tax Commission may request additional information from the establishment or entity as may be necessary or may request the establishment to revise its claim. An establishment or entity may file for an extension of the initial filing date with the Oklahoma Department of Commerce. Any such extension shall be based solely upon an extraordinary adverse business circumstance which prevented the establishment or entity from hiring the sports-league jobs as projected. If an establishment or entity fails to file claims as required by this section, it shall forfeit the right to receive any rebate payments after one (1) year from the start date. If an establishment or entity has filed at least one claim pursuant to this section but fails to file another claim within two (2) years of the most recent claim, the Tax Commission, after consulting with the Oklahoma Department of Commerce, may dismiss the establishment from the program, forfeiting the right of the establishment or entity to receive rebate payments based on that contract.

# B.

If the actual verified gross payroll for four (4) consecutive calendar quarters does not equal or exceed the applicable total required by this act within three (3) years of the start date, or does not equal or exceed the applicable total required by Section 3604 of Title 68 of the Oklahoma Statutes at any other time during the entire period after the start date for establishments defined or classified in the NAICS Manual under U.S.
Industry No. 711211 (2007 version) and which are a professional sports team from one of the five major sports leagues (NFL, NBA, NHL, MLB, and MLS), the rebate payments shall not be made and shall not be resumed until such time as the actual verified gross payroll equals or exceeds the applicable amounts specified in Section 3604 of Title 68 of the Oklahoma Statutes. If an establishment fails to achieve the required gross payroll within three (3) years of the start date, the establishment shall not make a new or renewal application for rebate payments authorized pursuant to the Oklahoma Five Major Sports Leagues Rebate Program Act for a period of twelve

(12) months from the last day of the last month of the three-year period during which the required gross payroll amount was not achieved.

# C.

In no event shall rebate payments cumulatively exceed the estimated net direct state benefits or Ten Million Dollars ($10,000,000.00) in four (4) consecutive quarters.

# D.

As soon as practicable after verification of the actual gross payroll as required by this section, the Tax Commission shall issue a warrant to the establishment in the amount of the net benefit rate multiplied by the actual gross payroll as determined pursuant to subsection A of this section for the calendar quarter.