Okla. Stat. tit. 68, § 68-2355.1F: Implementation of 5% top marginal rate

A. The provisions of this section shall be applicable with

respect to the implementation of the five percent (5%) top marginal

rate of individual income tax otherwise authorized pursuant to the

provisions of subparagraph (f) of paragraphs 1 and 2 of subsection C

of Section 2355 of Title 68 of the Oklahoma Statutes, which shall be

contingent upon a determination by the State Board of Equalization

made by a comparison described by this section which shall be

conducted until the income tax rate of five percent (5%) is

effective.

B. In addition to any other duties prescribed by law, at the

meeting required by paragraph 1 of Section 23 of Article X of the

Oklahoma Constitution to be held in December 2014, and for any

subsequent December meeting of the State Board of Equalization, if

the five percent (5%) top marginal income tax rate prescribed by

subparagraph (f) of paragraphs 1 and 2 of subsection C of Section

2355 of Title 68 of the Oklahoma Statutes has not become effective,

the State Board of Equalization shall compare:

1. The total General Revenue Fund proposed estimate for fiscal

year 2014 which was certified at the State Board of Equalization

meeting held in February 2013; and

2. The total General Revenue Fund proposed estimate for fiscal

year 2016, or if the five percent (5%) top marginal income tax rate

prescribed by subparagraph (f) of paragraphs 1 and 2 of subsection C

of Section 2355 of Title 68 of the Oklahoma Statutes has not become

effective, the fiscal year for which the Board is certifying a

proposed estimate.

If the amount determined pursuant to the provisions of paragraph

2 of this subsection is equal to or greater than the amount

determined pursuant to the provisions of paragraph 1 of this

subsection, the Board shall make a finding that the revenue

computations required by this section will authorize the

implementation of the five percent (5%) top marginal income tax rate

prescribed by subparagraph (f) of paragraphs 1 and 2 of subsection C

of Section 2355 of Title 68 of the Oklahoma Statutes beginning on

the second January 1 following the December meeting.

If the amount determined pursuant to the provisions of paragraph

2 of this subsection is less than the amount determined pursuant to

the provisions of paragraph 1 of this subsection, the Board shall

make a finding that the revenue computations required by this

section will not authorize the implementation of the five percent

(5%) top marginal income tax rate prescribed by subparagraph (f) of

paragraphs 1 and 2 of subsection C of Section 2355 of Title 68 of

the Oklahoma Statutes beginning on the second January 1 following

the December meeting.

C. If the Board makes a finding that the revenue computations

required by this section do not authorize the implementation of the

5% top marginal income tax rate prescribed by of subparagraph (f) of

paragraphs 1 and 2 of subsection C of Section 2355 of Title 68 of

the Oklahoma Statutes beginning with calendar year 2016 pursuant to

the provisions of subsection B of this section, such procedures

shall be repeated by the State Board of Equalization for each

successive two-year comparison until the rate is implemented.