reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3605. Quality Jobs Program Incentive Payment Fund.

There is hereby created within the State Treasury a special fund for the Oklahoma Tax Commission to be designated the "Quality Jobs Program Incentive Payment Fund". The Oklahoma Tax Commission is hereby authorized and directed to withhold a portion of the taxes levied and collected pursuant to Section 2355 of Title 68 of the Oklahoma Statutes for deposit into the fund. The amount deposited shall equal the sum of an amount determined by multiplying the net benefit rate provided by the Department of Commerce by the gross payroll as determined pursuant to the provisions of subsection A of Section 6 of this act. All of the amounts deposited in such fund shall be used and expended by the Tax Commission solely for the purposes and in the amounts authorized by the Oklahoma Quality Jobs Program Act. The liability of the State of Oklahoma to make the incentive payments under this act shall be limited to the balance contained in the fund created by this section.
Added by Laws 1993, c. 275, § 5, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3609. False or fraudulent information in making application, claim for payment or other instrument - Penalties.

Any person making an application, claim for payment or any report, return, statement or other instrument or providing any other information pursuant to the provisions of this act who willfully makes a false or fraudulent application, claim, report, return, statement, invoice or other instrument or who willfully provides any false or fraudulent information, or any person who willfully aids or abets another in making such false or fraudulent application, claim, report, return, statement, invoice or other instrument or who willfully aids or abets another in providing any false or fraudulent information, upon conviction, shall be guilty of a felony punishable by the imposition of a fine of not less than One Thousand Dollars ($1,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or imprisonment in the State Penitentiary for not less than two (2) years and not more than five (5) years, or by both such fine and imprisonment. Any person convicted of a violation of this section shall be liable for the repayment of all incentive payments which were paid to the establishment. Interest shall be due on such payments at the rate of ten percent (10%) per annum.
Added by Laws 1993, c. 275, § 9, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3610. Report on effect of Oklahoma Quality Jobs Program.

The Oklahoma Department of Commerce shall prepare triennially a report which shall include, but not be limited to, documentation of the new direct jobs created under the Oklahoma Quality Jobs Program Act and a fiscal analysis of the costs and benefits of the Program to the state. The report shall be submitted to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor of this state no later than March 1, 1996, and every three (3) years thereafter. The report may be used for the purpose of determining whether to continue or sunset the Oklahoma Quality Jobs Program Act.
Added by Laws 1994, c. 322, § 13, emerg. eff. June 8, 1994. Amended by Laws 1996, c. 112, § 1, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3611. Payroll projection.

A. For purposes of the payroll projection required to be made by the Department of Commerce pursuant to paragraph 2 of subsection C of Section 3604 of Title 68 of the Oklahoma Statutes, the Department of Commerce shall include payroll for all jobs created by an establishment as a result of an expanded or new facility, regardless of whether the jobs meet the definition of new direct jobs if:
1. The establishment is defined or classified under Industry Numbers 3443, 3556 or 3728 of the Standard Industrial Classification (SIC) Manual, latest version;
2. The jobs were not created by the establishment more than ten (10) calendar quarters prior to the date of approval of the application by the Department of Commerce; and
3. The establishment's application is approved by the Department of Commerce prior to January 30, 1997.
B. When payroll described in subsection A of this section is included by the Department of Commerce in the projection required by paragraph 2 of subsection C of Section 3604 of Title 68 of the Oklahoma Statutes, then the three-year period of such projection shall begin the month after included payroll is first paid by the establishment, and not on the anticipated date on which the establishment will receive its first incentive payment.
C. For the purpose of determining if an establishment has met the requirements of subsection B of Section 3606 of Title 68 of the Oklahoma Statutes, the Tax Commission shall include payroll for any jobs which the Department of Commerce included in its projection pursuant to the provisions of subsection A of this section. If payroll for such jobs is included, then the three-year period defined in subsection B of Section 3603 of Title 68 of the Oklahoma Statutes shall begin the month after included payroll is first paid by the establishment and not on the date of the first incentive payment.
D. For the purpose of calculating incentive payments as provided by Section 3606 of Title 68 of the Oklahoma Statutes, the Tax Commission shall include payroll for those jobs which meet the requirements of subsections A and C of this section regardless of whether such jobs fall within the definition of a new direct job; provided, an establishment shall in no event be entitled to such incentive payments on payroll made prior to the date of approval of its application by the Department of Commerce.
Added by Laws 1996, c. 342, § 7, emerg. eff. June 14, 1996.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3612. New direct jobs – Inclusion of jobs created by establishment as result of retained, expanded or new facility – Calculation of incentive payments.

A. For purposes of the determination required to be made by the Department of Commerce pursuant to paragraph 2 of subsection A of Section 3603 of Title 68 of the Oklahoma Statutes, the Department of Commerce shall include jobs created by an establishment as a result of a retained, expanded or new facility if:
1. The establishment and jobs are defined or classified under Industry Number 326211 of the NAICS Manual;
2. The jobs were not created by the establishment more than fourteen (14) calendar quarters prior to the date of approval of the application by the Department of Commerce; and
3. The establishment’s application has been approved by the Department of Commerce prior to March 30, 1997.
B. For the purpose of calculating incentive payments as provided by Section 3606 of Title 68 of the Oklahoma Statutes, the Oklahoma Tax Commission shall include payroll for those jobs which meet the requirements of subsection A of this section regardless of whether such jobs fall within the definition of a new direct job; provided, an establishment shall in no event be entitled to such incentive payments on payroll for those jobs which meet the requirements of subsection A of this section made prior to the effective date of this act. No claims may be made for such payroll prior to July 1, 2004.
Added by Laws 2003, c. 376, § 5, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3622. Legislative intent.

The Legislature hereby finds that the production of films in Oklahoma not only provides jobs for Oklahomans and dollars for Oklahoma businesses, but also enhances the state’s image nationwide. Recognizing that the high costs of film production are driving motion picture and television production out of the country, most notably to Canada, and that the film industry is always seeking attractive locations that can help cut the costs of production, the Legislature further finds that the State of Oklahoma, with the appropriate incentive, can become an attractive site for film production and that Oklahoma is presently among several states with minimal incentives to attract the film industry. It is therefore the intent of the Legislature that Oklahoma provide an incentive that will stand out among those of other states and increase film production in this state.
Added by Laws 2001, c. 259, § 2, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3625. Oklahoma Film Enhancement Rebate Program Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tax Commission to be designated the "Oklahoma Film Enhancement Rebate Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Tax Commission which are specifically required by law to be deposited in the fund, any public or private donations, contributions, and gifts received for the benefit of the fund and any amounts appropriated by the Oklahoma Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Tax Commission for the purpose of paying rebates as provided in this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. The Oklahoma Tax Commission shall apportion, from the revenues which would otherwise be apportioned to the General Revenue Fund pursuant to subparagraph a of paragraph 1 of Section 2352 of this title, an amount that the Commission estimates to be necessary to pay the rebates provided by Section 3624 of this title to the Oklahoma Film Enhancement Rebate Program Revolving Fund.
Added by Laws 2001, c. 259, § 5, eff. July 1, 2001. Amended by Laws 2005, c. 381, § 16, eff. July 1, 2005; Laws 2012, c. 304, § 568; Laws 2019, c. 313, § 4, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3626. Termination of act.

The provisions of the Compete with Canada Film Act shall be terminated effective July 1, 2027, and no claim shall be paid thereafter.
Added by Laws 2001, c. 259, § 6, eff. July 1, 2001. Amended by Laws 2008, c. 436, § 16, eff. July 1, 2009; Laws 2014, c. 2, § 1; Laws 2019, c. 313, § 5, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3631. Short title - Filmed in Oklahoma Act of 2021.

This act shall be known and may be cited as the "Filmed in Oklahoma Act of 2021".
Added by Laws 2021, c. 516, § 1, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3634. Conditionally prequalified rebate amount.

A. The total amount of rebate payments conditionally pre-qualified by the Department of Commerce each fiscal year with respect to any of the incentives authorized pursuant to this act shall not exceed Thirty Million Dollars ($30,000,000.00). Projects not conditionally pre-qualified for rebate payments due to the limitations provided in this section may be conditionally pre-qualified by the Department in subsequent fiscal years.
B. The amount of rebate payments conditionally pre-qualified by the Department of Commerce each fiscal year with respect to any of the incentives authorized pursuant to this act shall not exceed:
1. Seven Million Five Hundred Thousand Dollars ($7,500,000.00) for production projects with total expenditures of less than Seven Million Five Hundred Thousand Dollars ($7,500,000.00); and
2. Twenty-two Million Five Hundred Thousand Dollars ($22,500,000.00) for production projects with total expenditures of Seven Million Five Hundred Thousand Dollars ($7,500,000.00) or more.
C. A production project shall have total expenditures of Fifty Thousand Dollars ($50,000.00) or more to be eligible for the rebate payments provided in this act.
D. In any fiscal year if the amount of rebate payments conditionally pre-qualified by the Department of Commerce are less than the limitations provided in this section, the excess rebate payments not utilized shall be added to subsequent fiscal year's limitation.
Added by Laws 2021, c. 516, § 4, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3636. Incentive amounts – Post-production activity for projects filmed out of state.

A. Subject to the final approval of the eligibility application by the Oklahoma Department of Commerce, and subject to the requirement that incentive payments pursuant to the provisions of this act have the maximum positive impact for the economy of the state, the base incentive amount for post-production activity occurring in this state for a project filmed outside this state shall be a maximum of twenty percent (20%) of the qualified production expenditure amount.
B. In addition to the amount authorized by subsection A of this section, there may be an additional incentive amount, subject to the final approval of the Oklahoma Department of Commerce, for eligible television series as defined in paragraph 4 of Section 2 of this act in the following amounts:
1. Two percent (2%) of the qualified production expenditure amount for an eligible episodic television pilot; and
2. Five percent (5%) of the qualified production expenditure amount if the television series is filmed for one or more seasons.
C. In addition to the amount authorized by subsection A of this section, there may be an additional five percent (5%) of the qualified production expenditure amount, subject to the final approval of the Oklahoma Department of Commerce, for an eligible multi-film deal, as defined in paragraph 7 of Section 2 of this act, produced outside this state.
D. The provisions of this section shall be applicable only with respect to qualified production expenditure amounts for post- production activity occurring within the state including, but not limited to, the following categories:
1. Sound recording or mixing;
2. Color grading;
3. Editorial work;
4. Visual effects;
5. Animation;
6. Deliverables, excluding marketing and advertising;
7. Music production, recording, mixing or composition;
8. Licensing of Oklahoma music; and
9. Editing equipment or editing facility rental.
Added by Laws 2021, c. 516, § 6, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3637. Qualifications for maximum incentive amounts – Projects filmed in state.

To qualify for the maximum twenty percent (20%) base incentive payment authorized for Oklahoma production projects pursuant to subsection A of Section 5 of this act, the production project shall utilize the services of apprentices according to the following requirements:
1. For a production with expenditures of Seven Million Five Hundred Thousand Dollars ($7,500,000.00) or less, two (2) apprentices;
2. For a production with expenditures greater than Seven Million Five Hundred Thousand Dollars ($7,500,000.00) and Fifteen Million Dollars ($15,000,000.00) or less, four (4) apprentices;
3. For a production with expenditures greater than Fifteen Million Dollars ($15,000,000.00) and Twenty-five Million Dollars ($25,000,000.00) or less, eight (8) apprentices; and
4. For a production with expenditures greater than Twenty-five Million Dollars ($25,000,000.00), sixteen (16) apprentices.
Added by Laws 2021, c. 516, § 7, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3638v1. Credits logo.

All production projects for which any incentive is paid pursuant to the provisions of this act shall contain a logo, as approved by the Oklahoma Department of Commerce, to be displayed in the credits of the finished production for a period of at least five (5) seconds or, if the production does not contain credits, the Oklahoma Department of Commerce shall obtain a commitment by the production company to provide equivalent value as determined by the Oklahoma Department of Commerce.
Added by Laws 2021, c. 516, § 8, eff. July 1, 2021 Amended by Laws 2023, c. 276, § 2, emerg. eff. May 22, 2023.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3638v2. Credits logo.

All production projects for which any incentive is paid pursuant to the provisions of the Filmed in Oklahoma Act of 2021 shall contain a logo, as approved by the Oklahoma Department of Commerce, to be displayed in the credits of the finished production for a period of at least five (5) seconds or, if the production does not contain credits, the Oklahoma Department of Commerce shall obtain a commitment by the production company to provide equivalent value as determined by the Oklahoma Department of Commerce.
Added by Laws 2021, c. 516, § 8, eff. July 1, 2021. Amended by Laws 2023, c. 347, § 3, eff. July 1, 2023.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3639. Filmed in Oklahoma Program Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tax Commission to be designated the "Filmed in Oklahoma Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Tax Commission which are specifically required by law to be deposited in the fund, any public or private donations, contributions and gifts received for the benefit of the fund and any amounts appropriated by the Oklahoma Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Tax Commission for the purpose of paying rebates as provided in this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. Any unencumbered funds remaining in the Filmed in Oklahoma Program Revolving Fund upon the expiration of this act as provided in Section 11 of this act shall be transferred to the State Treasurer for deposit in the General Revenue Fund.
Added by Laws 2021, c. 516, § 9, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3640. Eligibility for Compete with Canada Film Act.

Any company or entity that receives rebate payments for a project pursuant to the provisions of the Compete with Canada Film Act shall not be eligible for rebate payments provided pursuant to this act for the same project.
Added by Laws 2021, c. 516, § 10, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3641. Sunset of act.

The provisions of this act shall cease to have the force and effect of law on June 30, 2031. Incentive payments may be made after such date to the extent necessary for payment of claims based on projects approved not later than June 30, 2031.
Added by Laws 2021, c. 516, § 11, eff. July 1, 2021.
NOTE: Laws 2021, c. 516, § 15 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2946 (c. 512) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2946 was approved by the Governor on May 24, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3645.1. Short title - Large-scale Economic Activity and Development Act of 2022 (LEAD Act).

This act shall be known and may be cited as the "Large-scale Economic Activity and Development Act of 2022" and shall be known and may be cited as the "LEAD Act".
Added by Laws 2022, c. 66, § 1.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3645.2. Legislative findings.

The Legislature hereby finds that it is beneficial to the state and its citizens to provide large-scale enhanced economic development incentives to certain establishments, including, but not limited to, those associated with an industry that creates a substantial number of jobs, as such economic activity results in a greater benefit to the state.
Added by Laws 2022, c. 66, § 2.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3645.3. Definitions.

As used in the Large-scale Economic Activity and Development Act of 2022:
1. "Application" means a submission of detailed information by an establishment that complies with all procedures established by the Oklahoma Department of Commerce related to the format, content, means, and timing of submission. Such submissions shall include, but not be limited to, a capital expenditure plan outlining anticipated annual placements-in-service of qualified property and a job creation plan outlining anticipated annual totals of new direct jobs created;
2. "Available funds" means the total amount of monies identified for deposit in the Large-scale Economic Activity and Development Fund by law, less the cumulative total of all rebate payments, pre-qualified rebate payments, encumbrances, and pre-encumbrances of the Large-scale Economic Activity and Development Fund;
3. "Establishment" means any business, no matter what legal form, including, but not limited to, a sole proprietorship, partnership, corporation, or limited liability corporation;
4. "New direct job" means full-time employment, employed by the establishment, which did not exist in this state prior to the date of approval, by the Oklahoma Department of Commerce, of an application made pursuant to this act. A job shall be deemed to exist in this state prior to approval of an application if the activities and functions for which the particular job exists have been ongoing at any time within six (6) months prior to such approval; and
5. "Qualified capital expenditure" means an expenditure on property in this state after May 1, 2022, depreciable under Internal Revenue Code, 26 U.S.C., Section 168, that has been verified by the Oklahoma Department of Commerce. The cost of property placed in service and expenditures made on behalf of or for the benefit of an establishment by a separate business entity shall be considered an "expenditure" of the establishment for purposes of this definition.
Added by Laws 2022, c. 66, § 3.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3645.5. Payment calculation.

A. Subject to the approval and ongoing review of the eligibility application by the Oklahoma Department of Commerce, the investment rebate payment authorized by this act shall be equal to three and four-tenths percent (3.4%) of the cost of the qualified capital expenditure in the year of expenditure; investment rebate payments in the same amount shall be allowed in each of the four (4) subsequent years, provided the Department has verified that the establishment remains eligible for such payment in each successive year based on the eligibility criteria of this act.
B. For the purpose of calculating the investment rebate payment authorized in subsection A of this section, the "cost of the qualified capital expenditure" shall include the cost of such capital expenditure by the primary establishment and also the cost of such capital expenditure by subsidiaries of the primary establishment, provided such subsidiary is defined or classified in the NAICS Manual under Industry Group No. 5132, 5222, or 5413.
C. The Oklahoma Department of Commerce is authorized to conditionally pre-qualify and account for anticipated future investment rebate payments. The Oklahoma Department of Commerce shall not pre-qualify investment rebate payments, encumber funds, pre-encumber funds, or otherwise allocate resources in any way that would result in the allocation of investment rebate payments in excess of the balance of available funds in the Large-scale Economic Activity and Development Fund.
Added by Laws 2022, c. 66, § 5.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3645.6. Large-scale Economic Activity and Development Fund (LEAD Fund).

A. There is hereby created in the State Treasury a fund for the Oklahoma Tax Commission to be designated the "Large-scale Economic Activity and Development Fund", also known as the "LEAD Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies designated for deposit to the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Tax Commission for the purpose of paying rebates as provided in the Large-scale Economic Activity and Development Act of 2022. Expenditures from such fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. All unencumbered funds remaining in the Large-scale Economic Activity and Development Fund upon the expiration of the Large-scale Economic Activity and Development Act of 2022 shall be transferred to the State Treasurer for deposit in the General Revenue Fund.
C. If the Oklahoma Department of Commerce has not received a binding commitment from a primary establishment for an investment determined by the Department to qualify for payment under the provisions of division (1) of subparagraph a of paragraph 1 of subsection E of Section 3645.4 of this title by April 15, 2023, all unencumbered funds remaining in the Large-scale Economic Activity and Development Fund shall be transferred to the State Treasurer for deposit in the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2022.
Added by Laws 2022, c. 66, § 6. Amended by Laws 2023, c. 1, § 2, emerg. eff. March 2, 2023.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3646.2. Definitions.

As used in the Perform Act:
1. “Application” means the submission to the Oklahoma Department of Commerce of detailed information by an establishment that complies with all procedures established by the Department related to the format, content, means, and timing of the submission of the application. A submission shall include, but not be limited to, a capital expenditure plan detailing anticipated annual placements-in-service of qualified property and a job creation plan detailing anticipated annual totals of new direct jobs created;
2. “Available funds” means the total amount of monies identified for deposit in the Perform Fund pursuant to this act, less the cumulative total of all rebate payments, pre-qualified rebate payments, encumbrances, and pre-encumbrances of the Perform Fund;
3. “Establishment” means any business including, but not limited to, a sole proprietorship, partnership, corporation, or limited liability company;
4. “New direct job” means full-time employment positions that did not exist in this state prior to the date of approval of an application made pursuant to this act. A job shall be deemed to exist in this state prior to the approval date of an application if the activities and functions for which the particular job exists have been ongoing on a full-time equivalent basis at any time within six (6) months prior to the approval date; and
5. “Qualified capital expenditure” means an expenditure on property in this state after April 1, 2023, depreciable under Internal Revenue Code, 26 U.S.C., Section 168, that has been verified by the Oklahoma Department of Commerce.
Added by Laws 2023, c. 256, § 2, emerg. eff. May 17, 2023.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3646.5. Perform Fund.

A. There is hereby created in the State Treasury a fund for the Oklahoma Tax Commission to be designated the “Perform Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies designated for deposit to the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Tax Commission for the purpose of paying rebates as provided in the Perform Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. All unencumbered funds remaining in the Perform Fund upon the expiration of the investment rebate program provided in subsection A of Section 3 of this act shall be transferred to the State Treasurer for deposit in the General Revenue Fund.
Added by Laws 2023, c. 256, § 5, emerg. eff. May 17, 2023.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3652. Legislative findings.

The Legislature finds that certain establishments which have, previous to the effective date of this act, qualified for incentive payments pursuant to the Oklahoma Quality Jobs Program Act are a source of economic benefits for the state, its political subdivisions and its residents that can only be achieved through the use of specialized economic incentives. The Oklahoma Quality Jobs Incentive Leverage Act is enacted in order to provide a mechanism for the leverage of incentive payments for the purpose of promoting and sustaining economic growth and activity within the State of Oklahoma. The Legislature finds that the use of the incentive payment, together with other fiscal resources, is a method that provides a beneficial correlation between the use of monies in the Quality Jobs Program Incentive Leverage Fund and the total economic benefits to be derived from the use of proceeds from the sale of obligations provided by Section 3654 of this title.
Added by Laws 2002, c. 299, § 2, emerg. eff. May 23, 2002. Amended by Laws 2008, c. 182, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3653. Definitions.

As used in this act:
1. "Establishment" means a business that:
a.
has at least One Hundred Fifteen Million Dollars ($115,000,000.00) in annual gross compensation paid with respect to jobs located in Oklahoma according to Oklahoma Employment Security records and company reports for the three (3) years prior to the irrevocable election filing date provided by Section 3658 of this title,
b.
has an average salary of at least Forty Thousand Dollars ($40,000.00) paid to employees as of the irrevocable election filing date provided by Section 3658 of this title,
c.
intends to add substantial gross compensation, as defined below, with respect to full-time-equivalent employment located in Oklahoma within three (3) years of filing an initial irrevocable election with the Oklahoma Department of Commerce pursuant to the provisions of subsection A of Section 3658 of this title,
d.
has at least Two Hundred Million Dollars ($200,000,000.00) total investment in Oklahoma,
e.
intends to add investment for additional modernization and retooling of a facility located in the state, on or after the effective date of this act, of at least One Hundred Million Dollars ($100,000,000.00), but for purposes of this act not in excess of an additional Two Hundred Fifty Million Dollars ($250,000,000.00) within five (5) years of filing a second irrevocable election with the Oklahoma Department of Commerce pursuant to the provisions of subsection A of Section 3658 of this title, unless the establishment has completed at least eighty percent (80%) of the expenditures for the additional investment by the end of the five-year period in which case the establishment shall be allowed a one-year extension for completion of the investment,
f.
for purposes of an initial irrevocable election filed prior to the effective date of this act, has and maintains at least one thousand five hundred fifty (1,550) full-time employees in the state, and
g.
is described by Industry Number 3011, Industry Group Number 301, Major Group 30 of the Standard Industrial Classification Manual (SIC), latest revision;
2. "Gross compensation" means wages, as defined in Section 2385.1 of Title 68 of the Oklahoma Statutes, and benefits paid on behalf of employees receiving wages; and
3. "Substantial gross compensation" means annualized compensation of Four Million Dollars ($4,000,000.00) or more within three (3) years of filing the initial irrevocable election with the Oklahoma Department of Commerce pursuant to Section 3658 of this title.
Added by Laws 2002, c. 299, § 3, emerg. eff. May 23, 2002. Amended by Laws 2008, c. 182, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3655. Proposed amount of investment and expenditure - Period required for full expenditure - Determination of total principal amount.

A. Within sixty (60) days after filing the second irrevocable election pursuant to Section 3658 of this title, each establishment that has filed such election shall provide to the Oklahoma Development Finance Authority, on such form as may be prescribed by the Authority for this purpose, the total amount of additional investment and expenditure proposed by the establishment for the additional modernization or retooling of a facility located within the state owned by the establishment. The full amount of expenditures qualifying for the use of proceeds pursuant to Section 3654 of this title shall be made not later than five (5) years from the date as of which the disclosure document required by this subsection is filed, except as such period may be extended pursuant to subparagraph e of paragraph 1 of Section 3653 of this title; provided, such five-year-time period may be extended one time, for a period not to exceed twelve (12) months, by the Oklahoma Department of Commerce if the establishment makes a request for an extension and provides the Department with a schedule of intended investment and expenditure.
B. The Oklahoma Development Finance Authority shall evaluate the information provided pursuant to subsection A of this section in order to determine the total principal amount of the issuance or issuances authorized by subsection A of Section 3654 of this title. The total principal amount of any indebtedness issued by the Authority shall not exceed an amount required in order to allow all establishments that have made the disclosure required by subsection A of this section to fully expend proceeds made available to the establishment by the Authority, plus amounts required for repayment of the obligations, if applicable, and the costs of the issuance.
Added by Laws 2002, c. 299, § 5, emerg. eff. May 23, 2002. Amended by Laws 2007, c. 349, § 1, emerg. eff. June 4, 2007; Laws 2008, c. 182, § 4, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3656. Use of Credit Enhancement Reserve Fund for issuance of obligations.

A. The Oklahoma Development Finance Authority may use the Credit Enhancement Reserve Fund in order to obtain favorable financing terms for the issuance of obligations authorized by Section 3654 of this title. The commitment from the Credit Enhancement Reserve Fund for any such obligations shall not exceed Ten Million Dollars ($10,000,000.00).
B. For purposes of the issuance authorized by Section 3654 of this title, the provisions of Section 5063.4c of Title 74 of the Oklahoma Statutes shall not be applicable.
Added by Laws 2002, c. 299, § 6, emerg. eff. May 23, 2002. Amended by Laws 2008, c. 182, § 5, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3657. Quality Jobs Program Incentive Leverage Fund.

There is hereby created within the State Treasury a special fund for the Oklahoma Development Finance Authority to be designated the “Quality Jobs Program Incentive Leverage Fund”. All amounts deposited into the fund shall be used and expended by the Oklahoma Development Finance Authority solely for the purposes and in the amounts authorized by the Oklahoma Quality Jobs Incentive Leverage Act. The Oklahoma Development Finance Authority is hereby specifically authorized and directed to use the monies transferred from the Quality Jobs Program Incentive Leverage Fund for the payment of principal, interest and other costs associated with the issuance of obligations pursuant to the provisions of this act. The Oklahoma Development Finance Authority shall establish separate accounts within the Quality Jobs Program Incentive Leverage Fund as may be required to separately record transactions involving each establishment that files an irrevocable election or second irrevocable election pursuant to Section 3658 of this title and to provide for the deposit of incentive payments, if applicable, and withholding taxes apportioned to the Fund pursuant to Section 3659 of this title or for such other purposes as the Authority may determine to be necessary.
Added by Laws 2002, c. 299, § 7, emerg. eff. May 23, 2002. Amended by Laws 2008, c. 182, § 6, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3660. Establishments ceasing to qualify for incentive payment - Liability for payment of principal, interest or other costs.

A. An establishment making the second irrevocable election pursuant to the provisions of Section 3658 of this title and which ceases to qualify for an incentive payment pursuant to the provisions of the Oklahoma Quality Jobs Program Act, other than a payment in the amount of One Dollar ($1.00) as provided in paragraph 1 of subsection D of Section 3658 of this title, and the withholding tax collections of which are not sufficient to make required payments of principal or interest because of a reduction in gross payroll at a facility constructed with or equipped with personal property acquired through the use of proceeds from the issuance of obligations by the Oklahoma Development Finance Authority pursuant to the provisions of this act, shall be liable to the State of Oklahoma and the Oklahoma Development Finance Authority for the amount of any required principal or interest payment associated with obligations issued as a result of a second irrevocable election the proceeds of which have been paid to the establishment or are available for use by the establishment that remains after using the incentive payment plus the withholding taxes of the establishment.
B. An establishment incurring an obligation for the payment of any principal, interest or other costs pursuant to subsection A of this section shall be liable only for amounts accrued during such period of time. The establishment shall not have any direct liability for subsequent periods of time during which the sum of the incentive payment and the withholding tax collected from the establishment is sufficient to make required payments in satisfaction of the obligations issued pursuant to subsection A of Section 3654 of this title.
Added by Laws 2002, c. 299, § 10, emerg. eff. May 23, 2002. Amended by Laws 2008, c. 182, § 9, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3803. Former Military Facility Projects Fund.

There is hereby created within the State Treasury a special fund for the Oklahoma Tax Commission to be designated the "Former Military Facility Projects Fund". The Oklahoma Tax Commission is hereby authorized and directed to withhold a portion of the taxes levied and collected pursuant to Section 2355 of Title 68 of the Oklahoma Statutes for deposit into the Fund. The amount deposited shall equal the sum of an amount determined by multiplying the net benefit rate provided by the Department of Commerce by the gross payroll of each qualified military facility project establishment. All of the amounts deposited in such Fund shall be used and expended by the Tax Commission solely for the purposes and in the amounts authorized by the Former Military Facility Development Act. Liability of the State of Oklahoma to make the payments under the Former Military Facility Development Act shall be limited to the balance contained in the Fund created by this section. Provided, the Tax Commission may never pay more than Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the Fund in any one (1) fiscal year.
Added by Laws 1994, c. 363, § 3, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3804. Filing of claim - Issuance of warrant.

A. As soon as practicable after the end of a calendar quarter for which an establishment has qualified to receive a payment from the Former Military Facility Project Fund, the establishment shall file a claim for the payment with the Oklahoma Tax Commission and shall specify the actual number and gross payroll of new direct jobs for the establishment for the calendar quarter. The Tax Commission shall verify the actual gross payroll for new direct jobs for the establishment for such calendar quarter. If the Tax Commission is not able to provide such verification utilizing all available resources, the Tax Commission may request such additional information from the establishment as may be necessary or may request the establishment to revise its claim.
B. If the actual verified gross payroll for four (4) consecutive calendar quarters does not equal or exceed a total of One Million Five Hundred Thousand Dollars ($1,500,000.00) within three (3) years of the date of the first incentive payment, or does not equal or exceed a total of One Million Five Hundred Thousand Dollars ($1,500,000.00) at any other time during the ten-year period after the date the first payment was made, the incentive payments shall not be made and shall not be resumed until such time as the actual verified gross payroll equals or exceeds the amounts specified in this subsection. Provided, in no event shall former military facility projects payments, cumulatively for any individual establishment, exceed the estimated net direct state benefits determined by the Department to apply to the military facility project establishment. Provided further, in no event shall the former military projects facility payments exceed, cumulatively for all qualifying establishments, payments in excess of Two Million Five Hundred Thousand Dollars ($2,500,000.00) in any single fiscal year.
C. An establishment that has qualified pursuant to Section 2 of this act may receive payments only in accordance with the provisions under which it initially applied and was approved. If an establishment that is receiving former military facility projects payments expands, it may apply for additional incentive payments based on the gross payroll anticipated from the expansion only, pursuant to Section 3604 of Title 68 of the Oklahoma Statutes.
D. As soon as practicable after such verification, the Tax Commission shall issue a warrant to the former military facility project 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.
Added by Laws 1994, c. 363, § 4, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3805. Establishments receiving incentive payments not eligible to receive certain tax credits and exemptions.

The prohibition set forth in Section 3607 of Title 68 of the Oklahoma Statutes shall apply to an establishment which receives incentive payments pursuant to the Former Military Facility Development Act.
Added by Laws 1994, c. 363, § 5, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3807. Fraud..

Any person making an application, claim for payment or any report, return, statement or other instrument or providing any other information pursuant to the provisions of the Former Military Facility Development Act who willfully makes a false or fraudulent application, claim, report, return, statement, invoice or other instrument or who willfully provides any false or fraudulent information, or any person who willfully aids or abets another in making such false or fraudulent application, claim, report, return, statement, invoice or other instrument or who willfully aids or abets another in providing any false or fraudulent application, claim, report, return, statement, invoice or other instrument or who willfully aids or abets another in providing any false or fraudulent information, upon conviction, shall be guilty of a felony punishable by the imposition of a fine of not less than One Thousand Dollars ($1,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or imprisonment in the State Penitentiary for not less than two (2) years and not more than five (5) years, or by both such fine and imprisonment. Any person convicted of a violation of this section shall be liable for the repayment of all incentive payments which were paid to the establishment. Interest shall be due on such payments at the rate of ten percent (10%) per annum.
Added by Laws 1994, c. 363, § 7, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3808. Report on effect of Former Military Facility Development Act.

The Oklahoma Department of Commerce shall prepare triennially a report which shall include, but not be limited to, documentation of the new direct jobs created under the Former Military Facility Development Act and a fiscal analysis of the costs and benefits of the act to the state. The report shall be submitted to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor of this state no later than March 1, 1996, and every three (3) years thereafter. The report may be used for the purpose of determining whether to continue or sunset the Former Military Facility Development Act.
Added by Laws 1994, c. 363, § 8, eff. July 1, 1994. Amended by Laws 1996, c. 112, § 3, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-3902. Incentive payments.

It is the intent of the Legislature that:
1. The State of Oklahoma provide appropriate incentives to support the creation of quality jobs, particularly by small businesses, in basic industries in this state;
2. The incentives provided be directly related to quality jobs created as a result of a business locating or expanding in this state;
3. The Oklahoma Department of Commerce and the Oklahoma Tax Commission implement the provisions of this act and exercise all powers as authorized in this act. The exercise of powers conferred by this act shall be deemed and held to be the performance of essential public purposes; and
4. Nothing herein shall be construed to constitute a guarantee or assumption by the State of Oklahoma of any debt of any individual, company, corporation or association nor to authorize the credit of the State of Oklahoma to be given, pledged or loaned to any individual, company, corporation or association.
Added by Laws 1997, c. 419, § 2, eff. Jan. 1, 1998.