77-6539.

Wage credit; application; fee; confidential information; approval; conditions; notice; agreement.

(1) In order for the qualified employer to be eligible for the wage credit, the qualified employer shall file an application for an agreement with the Tax Commissioner.

(2) The application shall:

(a) State the exact name of the taxpayer and any related companies;

(b) Include a detailed description of the nature of the company's business, including the products sold, services rendered, and respective markets in which such products or services are sold or rendered, to demonstrate the company is a defense contractor;

(c) Request that the company be considered for approval under the Defense Efforts Workforce Act;

(d) Acknowledge that the qualified employer understands and complies with the requirements for verifying the work eligibility status of all new qualified employees;

(e) Include a description, in detail, regarding each qualified employee employed during the base year, including employment status and wages paid; and

(f) Include a nonrefundable application fee of five thousand dollars. The fee shall be remitted to the State Treasurer for credit to the Nebraska Incentives Fund.

(3) Any complete application shall be considered a valid application on the date submitted for the purposes of the Defense Efforts Workforce Act.

(4) The application and all supporting information are confidential except for the name of the taxpayer, the number of qualified employees, and whether the application has been approved.

(5) The Tax Commissioner shall determine whether to approve the application based upon whether the applicant meets the definition of a qualified employer.

(6) The Tax Commissioner shall notify the applicant in writing as to whether the application has been approved or not. The Tax Commissioner shall decide and mail the notice within thirty days after receiving the application, regardless of whether he or she approves or disapproves the application, unless the time is extended by mutual written consent of the Tax Commissioner and the applicant.

(7) An application may be approved only if it is consistent with the legislative purposes contained in section 77-6525.

(8) If the application is approved by the Tax Commissioner, the qualified employer and the state shall enter into a written agreement, which shall be executed on behalf of the state by the Tax Commissioner. In the agreement, the qualified employer shall agree to maintain the required level of employment and make the required wage increases, and in consideration of the qualified employer's agreement, the state shall agree to allow the wage credits as provided in the Defense Efforts Workforce Act. The application, and all supporting documentation, to the extent approved, shall be considered a part of the agreement. The agreement may contain such terms and conditions as the Tax Commissioner specifies in order to carry out the legislative purposes of the Defense Efforts Workforce Act. The agreement shall contain provisions to allow the Tax Commissioner to verify that the required levels of employment have been maintained and the appropriate increases in wages have been made.