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Oklahoma Legislature· HB 4458Referred to Rules

An act relating to revenue and taxation, the official text

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1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4458               By: Newton

4

5

6                   AS INTRODUCED

7   An Act relating to revenue and taxation; amending

    68 O.S. 2021, Section 2902, as last amended by

8   Section 1, Chapter 411, O.S.L. 2025 (68 O.S. Supp.

    2025, Section 2902), which relates to qualifying

9   manufacturing concerns; modifying provisions related

    to definition of qualifying manufacturing concern;

10  stating legislative intent with respect to

    clarification of prior law; providing for

11  noncodification; and providing an effective date.

12

13

14

15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

16  SECTION 1.      AMENDATORY  68 O.S. 2021, Section 2902, as

17 last amended by Section 1, Chapter 411, O.S.L. 2025 (68 O.S. Supp.

18 2025, Section 2902), is amended to read as follows:

19  Section 2902. A. Except as otherwise provided by subsection H

20 of Section 3658 of this title pursuant to which the exemption

21 authorized by this section may not be claimed, a qualifying

22 manufacturing concern, as defined by Section 6B of Article X of the

23 Oklahoma Constitution, and as further defined herein, shall be

24 exempt from the levy of any ad valorem taxes upon new, expanded or

    Req. No. 15159                                                 Page 1
1 acquired manufacturing facilities including facilities engaged in

2 research and development, for a period of five (5) years. The

3 provisions of Section 6B of Article X of the Oklahoma Constitution

4 requiring an existing facility to have been unoccupied for a period

5 of twelve (12) months prior to acquisition shall be construed as a

6 qualification for a facility to initially receive an exemption, and

7 shall not be deemed to be a qualification for that facility to

8 continue to receive an exemption in each of the four (4) years

9 following the initial year for which the exemption was granted.

10 Such facilities are hereby classified for the purposes of taxation

11 as provided in Section 22 of Article X of the Oklahoma Constitution.

12  B. For purposes of this section, the following definitions

13 shall apply:

14  1. "Manufacturing facilities" means facilities engaged in the

15 mechanical or chemical transformation of materials or substances

16 into new products and except as provided by paragraph 6 of

17 subsection C of this section shall include:

18  a. establishments which have received a manufacturer

19               exemption permit pursuant to the provisions of Section

20               1359.2 of this title. If an establishment cannot

21               provide a manufacturer exemption permit pursuant to

22               the provisions of Section 1359.2 of this title, if the

23               establishment is engaged in the mechanical or chemical

24               transformation of material or substances and otherwise

    Req. No. 15159                                                 Page 2
1   qualifies pursuant to the provisions of this section,

2   the establishment shall be a qualifying manufacturing

3   concern,

4   b. facilities including repair and replacement parts,

5   primarily engaged in aircraft repair, building and

6   rebuilding whether or not on a factory basis,

7   c. establishments primarily engaged in computer services

8   and data processing as defined under Industrial Group

9   Numbers 5112 and 5415, and U.S. Industry Number 334611

10  and 519130 of the NAICS Manual, latest revision, and

11  which derive at least fifty percent (50%) of their

12  annual gross revenues from the sale of a product or

13  service to an out-of-state buyer or consumer, and as

14  defined under Industrial Group Number 5182 of the

15  NAICS Manual, latest revision, which derive at least

16  eighty percent (80%) of their annual gross revenues

17  from the sale of a product or service to an out-of-

18  state buyer or consumer. Eligibility as a

19  manufacturing facility pursuant to this subparagraph

20  shall be established, subject to review by the

21  Oklahoma Tax Commission, by annually filing an

22  affidavit with the Tax Commission stating that the

23  facility so qualifies and such other information as

24  required by the Tax Commission. For purposes of

    Req. No. 15159                                     Page 3
1   determining whether annual gross revenues are derived

2   from sales to out-of-state buyers, all sales to the

3   federal government shall be considered to be an out-

4   of-state buyer,

5   d. facilities that the investment cost of the

6   construction, acquisition or expansion is Five Hundred

7   Thousand Dollars ($500,000.00) or more with respect to

8   assets placed into service during calendar year 2022.

9   For subsequent calendar years, the investment required

10  shall be increased annually by a percentage equal to

11  the previous year's increase in the Consumer Price

12  Index-All Urban Consumers ("CPI-U") and such adjusted

13  amount shall be the required investment cost in order

14  to qualify for the exemption authorized by this

15  section. The Oklahoma Department of Commerce shall

16  determine the amount of the increase, if any, on

17  January 1 of each year. The Oklahoma Tax Commission

18  shall publish on its website at least annually the

19  adjusted dollar amount in order to qualify for the

20  exemption authorized by this section and shall include

21  the adjusted dollar amount in any of its relevant

22  forms or publications with respect to the exemption.

23  Provided, "investment cost" shall not include the cost

24  of direct replacement, refurbishment, repair or

    Req. No. 15159                                    Page 4
1   maintenance of existing machinery or equipment, except

2   that investment cost shall include capital

3   expenditures for direct replacement, refurbishment,

4   repair or maintenance of existing machinery or

5   equipment that qualifies for depreciation and/or

6   amortization pursuant to the Internal Revenue Code of

7   1986, as amended, and such expenditures shall be

8   eligible as a part of an expansion that otherwise

9   qualifies under this section,

10  e. establishments primarily engaged in distribution as

11  defined under Industry Numbers 49311, 49312, 49313 and

12  49319 and Industry Sector Number 42 of the NAICS

13  Manual, latest revision, and which meet the following

14  qualifications:

15  (1) construction with an initial capital investment

16                  of at least Five Million Dollars ($5,000,000.00),

17  (2) employment of at least one hundred (100) full-

18                  time-equivalent employees, as certified by the

19                  Oklahoma Employment Security Commission,

20  (3) payment of wages or salaries to its employees at

21                  a wage which equals or exceeds the average wage

22                  requirements in the Oklahoma Quality Jobs Program

23                  Act for the year in which the real property was

24                  placed into service, and

    Req. No. 15159                                            Page 5
1   (4) commencement of construction on or after November

2                   1, 2007, with construction to be completed within

3                   three (3) years from the date of the commencement

4                   of construction,

5   f. facilities engaged in the manufacturing, compounding,

6   processing or fabrication of materials into articles

7   of tangible personal property according to the special

8   order of a customer (custom order manufacturing) by

9   manufacturers classified as operating in North

10  American Industry Classification System (NAICS)

11  Sectors 32 and 33, but does not include such custom

12  order manufacturing by manufacturers classified in

13  other NAICS code sectors, and

14  g. with respect to any entity making an application for

15  the exemption authorized by this section on or after

16  January 1, 2023, the establishment making application

17  for exempt treatment of real or personal property

18  acquired or improved beginning January 1, 2022, and

19  for any calendar year thereafter, the entity shall be

20  required to pay new direct jobs, as defined by Section

21  3603 of this title for purposes of the Oklahoma

22  Quality Jobs Program Act, an average annualized wage

23  which equals or exceeds the average wage requirement

24  in the Oklahoma Quality Jobs Program Act for the year

    Req. No. 15159                                     Page 6
1   in which the real or personal property was placed into

2   service. The Oklahoma Tax Commission may request

3   verification from the Oklahoma Department of Commerce

4   that an establishment seeking an exemption for real or

5   personal property pays an average annualized wage that

6   equals or exceeds the average wage requirement in

7   effect for the year in which the real or personal

8   property was placed into service. For purposes of

9   this subparagraph, it shall not be necessary for the

10  establishment to qualify for incentive payments

11  pursuant to the Oklahoma Quality Jobs Program Act, but

12  the establishment shall be subject to the wage

13  requirements of the Oklahoma Quality Jobs Program Act

14  with respect to new direct jobs in order to qualify

15  for the exempt treatment authorized by this section.

16  Eligibility as a manufacturing facility pursuant to this

17 subparagraph shall be established, subject to review by the Tax

18 Commission, by annually filing an affidavit with the Tax Commission

19 stating that the facility so qualifies and containing such other

20 information as required by the Tax Commission.

21  Provided, eating and drinking places, as well as other retail

22 establishments, shall not qualify as manufacturing facilities for

23 purposes of this section, nor shall centrally assessed properties.

24

    Req. No. 15159                                                  Page 7
1       Eligibility as a manufacturing facility pursuant to this

2 subparagraph shall be established, subject to review by the Tax

3 Commission, by annually filing an application with the Tax

4 Commission stating that the facility so qualifies and containing

5 such other information as required by the Tax Commission;

6       2. "Facility" and "facilities", except as otherwise provided by

7 this section, means and includes the land, buildings, structures and

8 improvements used directly and exclusively in the manufacturing

9 process. Effective January 1, 2022, and for each calendar year

10 thereafter, for establishments which have received a manufacturer

11 exemption permit pursuant to the provisions of Section 1359.2 of

12 this title, or facilities engaged in manufacturing activities

13 defined or classified in the NAICS Manual under Industry Nos. 311111

14 through 339999, inclusive, but for no other establishments, facility

15 and facilities means and includes the land, buildings, structures,

16 improvements, machinery, fixtures, equipment and other personal

17 property used directly and exclusively in the manufacturing process;

18 and

19      3. "Research and development" means activities directly related

20 to and conducted for the purpose of discovering, enhancing,

21 increasing or improving future or existing products or processes or

22 productivity.

23      C. The following provisions shall apply:

24

    Req. No. 15159                                                  Page 8
1       1. A manufacturing concern shall be entitled to the exemption

2 herein provided for each new manufacturing facility constructed,

3 each existing manufacturing facility acquired and the expansion of

4 existing manufacturing facilities on the same site, as such terms

5 are defined by Section 6B of Article X of the Oklahoma Constitution

6 and by this section;

7       2. No manufacturing concern shall receive more than one five-

8 year exemption for any one manufacturing facility unless the

9 expansion which qualifies the manufacturing facility for an

10 additional five-year exemption meets the requirements of paragraph 4

11 of this subsection and the employment level established for any

12 previous exemption is maintained;

13      3. Any exemption as to the expansion of an existing

14 manufacturing facility shall be limited to the increase in ad

15 valorem taxes directly attributable to the expansion;

16      4. All initial applications for any exemption for a new,

17 acquired or expanded manufacturing facility shall be granted only

18 if:

19      a. there is a net increase in annualized base payroll

20      over the initial payroll of at least Two Hundred Fifty

21      Thousand Dollars ($250,000.00) if the facility is

22      located in a county with a population of fewer than

23      seventy-five thousand (75,000), according to the most

24      recent Federal Decennial Census, while maintaining or

    Req. No. 15159                                                  Page 9
1   increasing base payroll in subsequent years, or at

2   least One Million Dollars ($1,000,000.00) if the

3   facility is located in a county with a population of

4   seventy-five thousand (75,000) or more, according to

5   the most recent Federal Decennial Census, while

6   maintaining or increasing base payroll in subsequent

7   years; provided, the payroll requirement of this

8   subparagraph shall be waived for claims for exemptions

9   including claims previously denied or on appeal on

10  March 3, 2010, for all initial applications for

11  exemption filed on or after January 1, 2004, and on or

12  before March 31, 2009, and all subsequent annual

13  exemption applications filed related to the initial

14  application for exemption, for an applicant, if the

15  facility has been located in Oklahoma for at least

16  fifteen (15) years engaged in marine engine

17  manufacturing as defined under U.S. Industry Number

18  333618 of the NAICS Manual, latest revision, and has

19  maintained an average employment of five hundred (500)

20  or more full-time-equivalent employees over a ten-year

21  period. Any applicant that qualifies for the payroll

22  requirement waiver as outlined in the previous

23  sentence and subsequently closes its Oklahoma

24  manufacturing plant prior to January 1, 2012, may be

    Req. No. 15159                                    Page 10
1   disqualified for exemption and subject to recapture.

2   For an applicant engaged in paperboard manufacturing

3   as defined under U.S. Industry Number 322130 of the

4   NAICS Manual, latest revision, union master payouts

5   paid by the buyer of the facility to specified

6   individuals employed by the facility at the time of

7   purchase, as specified under the purchase agreement,

8   shall be excluded from payroll for purposes of this

9   section.

10  In order to provide certainty with respect to

11  investments in manufacturing facilities pertaining to

12  all initial applications for exemption filed on or

13  after January 1, 2016, the following definitions shall

14  apply:

15  (1) "base payroll" shall mean total payroll adjusted

16                  for any nonrecurring bonuses, exercise of stock

17                  option or stock rights and other nonrecurring,

18                  extraordinary items included in total payroll,

19                  and

20  (2) "initial payroll" shall mean base payroll for the

21                  year immediately preceding the initial

22                  construction, acquisition or expansion.

23  The Tax Commission shall verify payroll information

24  through the Oklahoma Employment Security Commission by

    Req. No. 15159                                           Page 11
1   using reports from the Oklahoma Employment Security

2   Commission for the calendar year immediately preceding

3   the year for which initial application is made for

4   base-line payroll, which must be maintained or

5   increased for each subsequent year; provided, a

6   manufacturing facility shall have the option of

7   excluding from its payroll, for purposes of this

8   section:

9                   i. payments to sole proprietors, members

10                  of a partnership, members of a limited

11                  liability company who own at least ten

12                  percent (10%) of the capital of the

13                  limited liability company or

14                  stockholder-employees of a corporation

15                  who own at least ten percent (10%) of

16                  the stock in the corporation, and

17                  ii. any nonrecurring bonuses, exercise of

18                  stock option or stock rights or other

19                  nonrecurring, extraordinary items

20                  included in total payroll numbers as

21                  reported by the Oklahoma Employment

22                  Security Commission. A manufacturing

23                  facility electing either option shall

24                  indicate such election upon its

    Req. No. 15159                                     Page 12
1                   application for an exemption under this

2                   section. Any manufacturing facility

3                   electing either option shall submit

4                   such information as the Tax Commission

5                   may require in order to verify payroll

6                   information. Payroll information

7                   submitted pursuant to the provisions of

8                   this paragraph shall be submitted to

9                   the Tax Commission and shall be subject

10                  to the provisions of Section 205 of

11                  this title, and

12  b. the facility offers, or will offer within one hundred

13  eighty (180) days of the date of employment, a basic

14  health benefits plan to the full-time-equivalent

15  employees of the facility, which is determined by the

16  Oklahoma Department of Commerce to consist of the

17  elements specified in subparagraph b of paragraph 1 of

18  subsection A of Section 3603 of this title or elements

19  substantially equivalent thereto.

20  For purposes of this section, calculation of the amount of

21 increased base payroll shall be measured from the start of initial

22 construction or expansion to the completion of such construction or

23 expansion or for three (3) years from the start of initial

24 construction or expansion, whichever occurs first. The amount of

    Req. No. 15159                                              Page 13
1 increased base payroll shall include payroll for full-time-

2 equivalent employees in this state who are employed by an entity

3 other than the facility which has previously or is currently

4 qualified to receive an exemption pursuant to the provisions of this

5 section and who are leased or otherwise provided to the facility, if

6 such employment did not exist in this state prior to the start of

7 initial construction or expansion of the facility. The

8 manufacturing concern shall submit an affidavit to the Tax

9 Commission, signed by an officer, stating that the construction,

10 acquisition or expansion of the facility will result in a net

11 increase in the annualized base payroll as required by this

12 paragraph and that full-time-equivalent employees of the facility

13 are or will be offered a basic health benefits plan as required by

14 this paragraph. If, after the completion of such construction or

15 expansion or after three (3) years from the start of initial

16 construction or expansion, whichever occurs first, the construction,

17 acquisition or expansion has not resulted in a net increase in the

18 amount of annualized base payroll, if required, or any other

19 qualification specified in this paragraph has not been met, the

20 manufacturing concern shall pay an amount equal to the amount of any

21 exemption granted including penalties and interest thereon, to the

22 Tax Commission for deposit to the Ad Valorem Reimbursement Fund;

23  5. Except as otherwise provided by this paragraph, any new,

24 acquired or expanded computer data processing, data preparation or

    Req. No. 15159                                                Page 14
1 information processing services provider classified in U.S. Industry

2 Number 518210 of the North American Industrial Classification System

3 (NAICS) Manual, 2017 revision, may apply for exemptions under this

4 section for each year in which new, acquired, or expanded capital

5 improvements to the facility are made for assets placed in service

6 not later than December 31, 2021, if:

7   a. there is a net increase in annualized payroll of the

8   applicant at any facility or facilities of the

9   applicant in this state of at least Two Hundred Fifty

10  Thousand Dollars ($250,000.00), which is attributable

11  to the capital improvements, or a net increase of

12  Seven Million Dollars ($7,000,000.00) or more in

13  capital improvements, while maintaining or increasing

14  payroll at the facility or facilities in this state

15  which are included in the application, and

16  b. the facility offers, or will offer within one hundred

17  eighty (180) days of the date of employment of new

18  employees attributable to the capital improvements, a

19  basic health benefits plan to the full-time-equivalent

20  employees of the facility, which is determined by the

21  Oklahoma Department of Commerce to consist of the

22  elements specified in subparagraph b of paragraph 1 of

23  subsection A of Section 3603 of this title or elements

24  substantially equivalent thereto.

    Req. No. 15159                                    Page 15
1   An establishment described by this paragraph, the primary

2 business activity of which is described by Industry No. 518210 of

3 the North American Industry Classification System (NAICS) Manual,

4 2017 revision, that has applied for and been granted an exemption

5 for personal property at any time within five (5) years prior to

6 November 1, 2021, may apply for exemptions for items of eligible

7 personal property to be located within improvements to real property

8 and such real property and improvements having been exempt from ad

9 valorem taxation prior to November 1, 2021, pursuant to the

10 provisions of this section if such personal property is placed in

11 service not later than December 31, 2036. No additional personal

12 property of such establishment placed in service after such date

13 shall qualify for the exempt treatment otherwise authorized pursuant

14 to this paragraph;

15  6. Effective January 1, 2017, an entity engaged in electric

16 power generation by means of wind, as described by the North

17 American Industry Classification System, No. 221119, shall not be

18 defined as a qualifying manufacturing concern for purposes of the

19 exemption otherwise authorized pursuant to Section 6B of Article X

20 of the Oklahoma Constitution or qualify as a manufacturing facility

21 as defined in this section. No initial application for exemption

22 shall be filed by or accepted from an entity engaged in electric

23 power generation by means of wind on or after January 1, 2018;

24

    Req. No. 15159                                                 Page 16
1   7. An entity or applicant engaged in an industry as defined

2 under U.S. Industry Number 324110 of the NAICS Manual, latest

3 revision, which has applied for or been granted an exemption for a

4 time period which began on or after calendar year 2012 and before

5 calendar year 2016 but which did not meet the payroll requirements

6 of subparagraph a of paragraph 4 of this subsection because of

7 nonrecurring bonuses, exercise of stock option or stock rights or

8 other nonrecurring, extraordinary items included in total payroll in

9 the previous year, shall be allowed an exemption, beginning with

10 calendar year 2016, for the number of years including the calendar

11 year for which the exemption was denied, remaining in the entity's

12 five-year exemption period, provided such entity attains or

13 increases payroll at or above the initial or base payroll

14 established for the exemption;

15  8. A facility engaged in manufacturing defined under U.S.

16 Industry Number 327310 of the NAICS Manual shall have the payroll

17 requirements of paragraph 4 of this subsection waived for tax year

18 2021, which is based in part on the 2020 calendar year payroll

19 reported to the Oklahoma Employment Security Commission, and may

20 continue to receive the exemption for the five-year period provided

21 in this section only if all other requirements of this section are

22 met; and

23  9. A facility engaged in manufacturing which otherwise

24 qualifies for the exemption or exemptions pursuant to the provisions

    Req. No. 15159                                                Page 17
1 of this section shall have the payroll requirements of paragraph 4

2 of this subsection waived for tax year 2021, which is based in part

3 on the 2020 calendar year payroll reported to the Oklahoma

4 Employment Security Commission, and for tax year 2022, which is

5 based in part on the 2021 calendar year payroll reported to the

6 Oklahoma Employment Security Commission, and may continue to receive

7 the exemption for the five-year period provided in this section only

8 if all other requirements of this section are met. Provided, a

9 facility engaged in manufacturing as defined under Industrial Group

10 Number 3364 of the NAICS Manual, latest revision, which otherwise

11 qualifies or qualified to receive the exemption for the five-year

12 period provided in this section, including claims previously denied,

13 shall have the payroll requirements of paragraph 4 of this

14 subsection waived for the five-year exemption period of those

15 initial exemption applications filed after January 1, 2020, and

16 before March 16, 2021.

17  D. 1. Except as provided in paragraph 2 of this subsection,

18 the five-year period of exemption from ad valorem taxes for any

19 qualifying manufacturing facility property shall begin on January 1

20 following the initial qualifying use of the property in the

21 manufacturing process.

22  2. The five-year period of exemption from ad valorem taxes for

23 any qualifying manufacturing facility, as specified in subparagraphs

24 a and b of this paragraph, which is located within a tax incentive

    Req. No. 15159                                                Page 18
1 district created pursuant to the Local Development Act by a county

2 having a population of at least five hundred thousand (500,000),

3 according to the most recent Federal Decennial Census, shall begin

4 on January 1 following the expiration or termination of the ad

5 valorem exemption, abatement, or other incentive provided through

6 the tax incentive district. Facilities qualifying pursuant to this

7 subsection shall include:

8   a. a manufacturing facility as defined in subparagraph c

9   of paragraph 1 of subsection B of this section, and

10  b. an establishment primarily engaged in distribution as

11  defined under Industry Number 49311 of the North

12  American Industry Classification System for which the

13  initial capital investment was at least One Hundred

14  Eighty Million Dollars ($180,000,000.00); provided,

15  that the qualifying job creation and depreciable

16  property investment occurred prior to calendar year

17  2017 but not earlier than calendar year 2013.

18  E. Any person, firm or corporation claiming the exemption

19 herein provided for shall file each year for which exemption is

20 claimed, an application therefor with the county assessor of the

21 county in which the new, expanded or acquired facility is located.

22 The application shall be on a form or forms prescribed by the Tax

23 Commission, and shall be filed on or before March 15, except as

24 provided in Section 2902.1 of this title, of each year in which the

    Req. No. 15159                                                Page 19
1 facility desires to take the exemption or within thirty (30) days

2 from and after receipt by such person, firm or corporation of notice

3 of valuation increase, whichever is later. In a case where

4 completion of the facility or facilities will occur after January 1

5 of a given year, a facility may apply to claim the ad valorem tax

6 exemption for that year. If such facility is found to be qualified

7 for exemption, the ad valorem tax exemption provided for herein

8 shall be granted for that entire year and shall apply to the ad

9 valorem valuation as of January 1 of that given year. For

10 applicants who qualify under the provisions of subparagraph b of

11 paragraph 1 of subsection B of this section, the application shall

12 include a copy of the affidavit and any other information required

13 to be filed with the Tax Commission.

14  F. The application shall be examined by the county assessor and

15 approved or rejected in the same manner as provided by law for

16 approval or rejection of claims for homestead exemptions. The

17 taxpayer shall have the same right of review by and appeal from the

18 county board of equalization, in the same manner and subject to the

19 same requirements as provided by law for review and appeals

20 concerning homestead exemption claims. Approved applications shall

21 be filed by the county assessor with the Tax Commission no later

22 than June 15, except as provided in Section 2902.1 of this title, of

23 the year in which the facility desires to take the exemption.

24 Incomplete applications and applications filed after June 15 will be

    Req. No. 15159                                                 Page 20
1 declared null and void by the Tax Commission. In the event that a

2 taxpayer qualified to receive an exemption pursuant to the

3 provisions of this section shall make payment of ad valorem taxes in

4 excess of the amount due, the county treasurer shall have the

5 authority to credit the taxpayer's real or personal property tax

6 overpayment against current taxes due. The county treasurer may

7 establish a schedule of up to five (5) years of credit to resolve

8 the overpayment.

9   G. Nothing herein shall in any manner affect, alter or impair

10 any law relating to the assessment of property, and all property,

11 real or personal, which may be entitled to exemption hereunder shall

12 be valued and assessed as is other like property and as provided by

13 law. The valuation and assessment of property for which an

14 exemption is granted hereunder shall be performed by the Tax

15 Commission using one or more of the cost, income and expense and

16 sales comparison approaches to estimate fair cash value in

17 accordance with the Uniform Standards of Professional Appraisal

18 Practice.

19  H. The Tax Commission shall have the authority and duty to

20 prescribe forms and to promulgate rules as may be necessary to carry

21 out and administer the terms and provisions of this section.

22  SECTION 2.      NEW LAW  A new section of law not to be

23 codified in the Oklahoma Statutes reads as follows:

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    Req. No. 15159                                               Page 21
1   The provisions of Section 1 of this act shall be considered and

2 construed to be a clarification of the law as it existed prior to

3 the effective date of this act and shall not be considered or

4 construed to be a change in the law as it existed prior to the

5 effective date of this act.

6   SECTION 3. This act shall become effective November 1, 2026.

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8   60-2-15159      MAH  01/07/26

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    Req. No. 15159                                                Page 22
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