Eligibility. A. There is hereby created an incentive rebate program for eligible live audience episodic series filmed or produced in Oklahoma who meet the requirements of this act. B. The incentive rebate program shall be administered by the Oklahoma Department of Commerce and the Oklahoma Tax Commission. C. The Oklahoma Department of Commerce shall collect separate metrics specific to the Bringing Sitcoms Home from Hollywood Pilot Program and incentive rebate payments for evaluation of this pilot program. D. The Oklahoma Department of Commerce and the Oklahoma Tax Commission may promulgate rules to implement the provisions of this act. E. To be eligible for an incentive rebate payment, a production company shall: 1. Submit an application and documentation to the Oklahoma Department of Commerce as required by the Department; 2. Have filed any Oklahoma tax returns and tax documents required by law; 3. Provide evidence that all Oklahoma crew and local vendors have been paid and that there are no pending liens against the production company in this state; 4. Provide evidence of financing for production prior to the commencement of principal photography; 5. Provide evidence of a certificate of general liability insurance with a minimum coverage of One Million Dollars ($1,000,000.00) and a workers' compensation policy in compliance with law, which shall include coverage of employer's liability; and 6. Provide evidence, as required by the Department, that the projects pursuant to this act are completed. F. A production company shall not be eligible to receive both an incentive rebate payment pursuant to the provisions of this act and an exemption from sales tax pursuant to the provisions of paragraph 23 of Section 1357 of Title 68 of the Oklahoma Statutes. If a production company has received the exemption from sales tax and submits a claim for rebate pursuant to the provisions of this act, the company shall be required to fully repay the amount of the exemption to the Tax Commission. A claim for a rebate shall include documentation from the Tax Commission that repayment has been made as required in this subsection or shall include an affidavit from the production company that the company has not received an exemption from sales tax pursuant to the provisions of paragraph 23 of Section 1357 of Title 68 of the Oklahoma Statutes. G. The Department of Commerce Oklahoma Film and Music Office shall approve or disapprove all claims for rebate and shall notify the Oklahoma Tax Commission. The Oklahoma Tax Commission shall, upon notification of approval from the Oklahoma Film and Music Office, issue payment for all approved claims from funds in the Bringing Sitcoms Home from Hollywood Pilot Program Revolving Fund created in Section 6 of this act. The amount of claims prequalified and approved by the Office for any single fiscal year shall not exceed Ten Million Dollars ($10,000,000.00). If the amount of approved claims exceeds the amount specified in this subsection in a fiscal year, payments shall be made in the order in which the claims are approved by the Oklahoma Film and Music Office. If an approved claim is not paid in whole or in part, the unpaid claim or unpaid portion may be paid upon the availability of funds.
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