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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1403 By: Rader
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to incentives; amending 68 O.S. 2021,
7 Sections 3604, as last amended by Section 157,
8 Chapter 452, O.S.L. 2024, 3604.1, 3606, as last
8 amended by Section 2, Chapter 29, 1st Extraordinary
9 Session, O.S.L. 2023, 3905, 3914, and 3915 (68 O.S.
9 Supp. 2025, Sections 3604 and 3606), which relate to
10 quality jobs incentives; modifying wage requirement;
10 modifying period for filing a claim for rebate;
11 updating statutory language; updating statutory
11 references; and providing an effective date.
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 68 O.S. 2021, Section 3604, as
15
16 last amended by Section 157, Chapter 452, O.S.L. 2024 (68 O.S. Supp.
16
17 2025, Section 3604), is amended to read as follows:
17
18 Section 3604. A. Except as otherwise provided in subsection I
18
19 or subsection L of this section, an establishment which meets the
19
20 qualifications specified in the Oklahoma Quality Jobs Program Act
20
21 may receive quarterly incentive payments for a ten-year period from
21
22 the Oklahoma Tax Commission pursuant to the provisions of the
22
23 Oklahoma Quality Jobs Program Act; provided, such an establishment
23
24 defined or classified in the NAICS North American Industry
24
Req. No. 2460 Page 1
1 Classification System (NAICS) Manual under U.S. Industry No. 711211
1
2 (2007 version) may receive quarterly incentive payments for a
2
3 thirty-year period. The amount of such payments shall be equal to
3
4 the net benefit rate multiplied by the actual gross payroll of new
4
5 direct jobs for a calendar quarter as verified by the Oklahoma
5
6 Employment Security Commission. For an establishment defined or
6
7 classified in the NAICS Manual under U.S. Industry No. 711211 (2007
7
8 version) that entered into a contract pursuant to the Oklahoma
8
9 Quality Jobs Program Act with the Oklahoma Department of Commerce
9
10 before the effective date of this act November 1, 2023:
10
11 1. The contract shall be extended from fifteen (15) years to
11
12 thirty (30) years; and
12
13 2. The extension shall not include additional money awarded but
13
14 shall allow for payments to continue for the thirty-year period, or
14
15 until the net benefit for the new direct jobs for the original
15
16 contract has been fully paid out as calculated based upon the
16
17 original application.
17
18 B. In order to receive incentive payments, an establishment
18
19 shall apply to the Oklahoma Department of Commerce. The application
19
20 shall be on a form prescribed by the Department and shall contain
20
21 such information as may be required by the Department to determine
21
22 if the applicant is qualified. An establishment may apply for an
22
23 effective date for a project, which shall not be more than twenty-
23
24
24
Req. No. 2460 Page 2
1 four (24) months from the date the application is submitted to the
1
2 Department.
2
3 C. Except as otherwise provided by subsection D or E of this
3
4 section, in order to qualify to receive such payments, the
4
5 establishment applying shall be required to:
5
6 1. Be engaged in a basic industry;
6
7 2. Have an annual gross payroll for new direct jobs projected
7
8 by the Department to equal or exceed Two Million Five Hundred
8
9 Thousand Dollars ($2,500,000.00) within three (3) years of the first
9
10 complete calendar quarter following the start date; and
10
11 3. Have a number of full-time-equivalent employees subject to
11
12 the tax imposed by Section 2355 of this title and working an annual
12
13 average of thirty (30) or more hours per week in new direct jobs
13
14 located in this state equal to or in excess of eighty percent (80%)
14
15 of the total number of new direct jobs.
15
16 D. In order to qualify to receive incentive payments as
16
17 authorized by the Oklahoma Quality Jobs Program Act, an
17
18 establishment engaged in an activity described under:
18
19 1. Industry Group Nos. 3111 through 3119 of the NAICS Manual
19
20 shall be required to:
20
21 a. have an annual gross payroll for new direct jobs
21
22 projected by the Department to equal or exceed One
22
23 Million Five Hundred Thousand Dollars ($1,500,000.00)
23
24 within three (3) years of the first complete calendar
24
Req. No. 2460 Page 3
1 quarter following the start date and make, or which
1
2 will make within one (1) year, at least seventy-five
2
3 percent (75%) of its total sales, as determined by the
3
4 Incentive Approval Committee pursuant to the
4
5 provisions of subsection B of Section 3603 of this
5
6 title, to out-of-state customers or buyers, to in-
6
7 state customers or buyers if the product or service is
7
8 resold by the purchaser to an out-of-state customer or
8
9 buyer for ultimate use, or to the federal government,
9
10 unless the annual gross payroll equals or exceeds Two
10
11 Million Five Hundred Thousand Dollars ($2,500,000.00)
11
12 in which case the requirements for purchase of output
12
13 provided by this subparagraph shall not apply, and
13
14 b. have a number of full-time-equivalent employees
14
15 working an average of thirty (30) or more hours per
15
16 week in new direct jobs equal to or in excess of
16
17 eighty percent (80%) of the total number of new direct
17
18 jobs; and
18
19 2. Division (4) of subparagraph a of paragraph 1 of subsection
19
20 A of Section 3603 of this title, shall be required to:
20
21 a. have an annual gross payroll for new direct jobs
21
22 projected by the Department to equal or exceed One
22
23 Million Five Hundred Thousand Dollars ($1,500,000.00)
23
24
24
Req. No. 2460 Page 4
1 within three (3) years of the first complete calendar
1
2 quarter following the start date, and
2
3 b. have a number of full-time-equivalent employees
3
4 working an average of thirty (30) or more hours per
4
5 week in new direct jobs equal to or in excess of
5
6 eighty percent (80%) of the total number of new direct
6
7 jobs.
7
8 E. 1. An establishment which locates its principal business
8
9 activity within a site consisting of at least ten (10) acres which:
9
10 a. is a federal Superfund removal site,
10
11 b. is listed on the National Priorities List established
11
12 under Section 9605 of Title 42 of the United States
12
13 Code,
13
14 c. has been formally deferred to the state in lieu of
14
15 listing on the National Priorities List, or
15
16 d. has been determined by the Department of Environmental
16
17 Quality to be contaminated by any substance regulated
17
18 by a federal or state statute governing environmental
18
19 conditions for real property pursuant to an order of
19
20 the Department of Environmental Quality,
20
21 shall qualify for incentive payments irrespective of its actual
21
22 gross payroll or the number of full-time-equivalent employees
22
23 engaged in new direct jobs.
23
24
24
Req. No. 2460 Page 5
1 2. In order to qualify for the incentive payments pursuant to
1
2 this subsection, the establishment shall conduct the activity
2
3 resulting in at least fifty percent (50%) of its Oklahoma taxable
3
4 income or adjusted gross income, as determined under Section 2358 of
4
5 this title, whether from the sale of products or services or both
5
6 products and services, at the physical location which has been
6
7 determined not to comply with the federal or state statutes
7
8 described in this subsection with respect to environmental
8
9 conditions for real property. The establishment shall be subject to
9
10 all other requirements of the Oklahoma Quality Jobs Program Act
10
11 other than the exemptions provided by this subsection.
11
12 3. In order to qualify for the incentive payments pursuant to
12
13 this subsection, the entity shall obtain from the Department of
13
14 Environmental Quality a letter of concurrence that:
14
15 a. the site designated by the entity does meet one or
15
16 more of the requirements listed in paragraph 1 of this
16
17 subsection, and
17
18 b. the site is being or has been remediated to a level
18
19 which is consistent with the intended use of the
19
20 property.
20
21 In making its determination, the Department of Environmental
21
22 Quality may rely on existing data and information available to it,
22
23 but may also require the applying entity to provide additional data
23
24 and information, as necessary.
24
Req. No. 2460 Page 6
1 4. If authorized by the Department of Environmental Quality
1
2 pursuant to paragraph 3 of this subsection, the entity may utilize a
2
3 remediated portion of the property for its intended purpose prior to
3
4 remediation of the remainder of the site, and shall qualify for
4
5 incentive payments based on employment associated with the portion
5
6 of the site.
6
7 F. Except as otherwise provided by subsection G of this
7
8 section, for applications submitted on and after June 4, 2003, in
8
9 order to qualify to receive incentive payments as authorized by the
9
10 Oklahoma Quality Jobs Program Act, in addition to other
10
11 qualifications specified herein, an establishment shall be required
11
12 to pay new direct jobs an average annualized wage which equals or
12
13 exceeds:
13
14 1. One hundred ten percent (110%) of the average county wage as
14
15 determined by the Oklahoma Department of Commerce based on the most
15
16 recent U.S. United States Department of Commerce data for the county
16
17 in which the new direct jobs are located. For purposes of this
17
18 paragraph, health care premiums paid by the applicant for
18
19 individuals in new direct jobs shall be included in the annualized
19
20 wage; or
20
21 2. One hundred percent (100%) of the average county wage as
21
22 that percentage is determined by the Oklahoma Department of Commerce
22
23 based upon the most recent U.S. United States Department of Commerce
23
24 data for the county in which the new jobs are located. For purposes
24
Req. No. 2460 Page 7
1 of this paragraph, health care premiums paid by the applicant for
1
2 individuals in new direct jobs shall not be included in the
2
3 annualized wage.
3
4 Provided, for applications submitted before January 1, 2027, no
4
5 average wage requirement shall exceed Twenty-five Thousand Dollars
5
6 ($25,000.00), in any county. This maximum wage threshold shall be
6
7 indexed and modified from time to time based on the latest Consumer
7
8 Price Index year-to-date percent change release as of the date of
8
9 the annual average county wage data release from the Bureau of
9
10 Economic Analysis of the U.S. United States Department of Commerce.
10
11 G. 1. As used in this subsection, "opportunity zone" means one
11
12 or more census tracts in which, according to the most recent Federal
12
13 Decennial Census, at least thirty percent (30%) of the residents
13
14 have annual gross household incomes from all sources below the
14
15 poverty guidelines established by the U.S. United States Department
15
16 of Health and Human Services. An establishment which is otherwise
16
17 qualified to receive incentive payments and which locates its
17
18 principal business activity in an opportunity zone shall not be
18
19 subject to the requirements of subsection F of this section.
19
20 2. As used in this subsection:
20
21 a. "negative economic event" means:
21
22 (1) a man-made disaster or natural disaster as
22
23 defined in Section 683.3 of Title 63 of the
23
24 Oklahoma Statutes, resulting in the loss of a
24
Req. No. 2460 Page 8
1 significant number of jobs within a particular
1
2 county of this state, or
2
3 (2) an economic circumstance in which a significant
3
4 number of jobs within a particular county of this
4
5 state have been lost due to an establishment
5
6 changing its structure, consolidating with
6
7 another establishment, closing or moving all or
7
8 part of its operations out of this state, and
8
9 b. "significant number of jobs" means Local Area
9
10 Unemployment Statistics (LAUS) data, as determined by
10
11 the United States Bureau of Labor Statistics, for a
11
12 county which are equal to or in excess of five percent
12
13 (5%) of the total amount of Local Area Unemployment
13
14 Statistics (LAUS) data for that county for the
14
15 calendar year, or most recent twelve-month period in
15
16 which employment is measured, preceding the event.
16
17 An establishment which is otherwise qualified to receive
17
18 incentive payments and which locates in a county in which a negative
18
19 economic event has occurred within the eighteen-month period
19
20 preceding the start date shall not be subject to the requirements of
20
21 subsection F of this section; provided, an establishment shall not
21
22 be eligible to receive incentive payments based upon a negative
22
23 economic event with respect to jobs that are transferred from one
23
24 county of this state to another.
24
Req. No. 2460 Page 9
1 H. The Oklahoma Department of Commerce shall determine if the
1
2 applicant is qualified to receive incentive payments.
2
3 I. If the applicant is determined to be qualified by the
3
4 Department and is not subject to the provisions of subparagraph d of
4
5 paragraph 7 of subsection A of Section 3603 of this title, the
5
6 Department shall conduct a cost/benefit cost-benefit analysis to
6
7 determine the estimated net direct state benefits and the net
7
8 benefit rate applicable for a ten-year period beginning with the
8
9 first complete calendar quarter following the start date and to
9
10 estimate the amount of gross payroll for a ten-year period beginning
10
11 with the first complete calendar quarter following the start date or
11
12 for a thirty-year period for an establishment defined or classified
12
13 in the NAICS Manual under U.S. Industry No. 711211 (2007 version).
13
14 In conducting such cost/benefit cost-benefit analysis, the
14
15 Department shall consider quantitative factors, such as the
15
16 anticipated level of new tax revenues to the state along with the
16
17 added cost to the state of providing services, and such other
17
18 criteria as deemed appropriate by the Department. In no event shall
18
19 incentive payments, cumulatively, exceed the estimated net direct
19
20 state benefits, except for applicants subject to the provisions of
20
21 subparagraph d of paragraph 7 of subsection A of Section 3603 of
21
22 this title.
22
23 J. Upon approval of such an application, the Department shall
23
24 notify the Tax Commission and shall provide it with a copy of the
24
Req. No. 2460 Page 10
1 contract and the results of the cost/benefit cost-benefit analysis.
1
2 The Tax Commission may require the qualified establishment to submit
2
3 such additional information as may be necessary to administer the
3
4 provisions of the Oklahoma Quality Jobs Program Act. The approved
4
5 establishment shall file quarterly claims with the Tax Commission
5
6 and shall continue to file such quarterly claims during the ten-year
6
7 incentive period to show its continued eligibility for incentive
7
8 payments, as provided in Section 3606 of this title, or until it is
8
9 no longer qualified to receive incentive payments. The
9
10 establishment may be audited by the Tax Commission to verify such
10
11 eligibility. Once the establishment is approved, an agreement shall
11
12 be deemed to exist between the establishment and the State of
12
13 Oklahoma, requiring the continued incentive payment to be made as
13
14 long as the establishment retains its eligibility as defined in and
14
15 established pursuant to this section and Sections 3603 and 3606 of
15
16 this title and within the limitations contained in the Oklahoma
16
17 Quality Jobs Program Act, which existed at the time of such
17
18 approval. An establishment described in this subsection shall be
18
19 required to repay all incentive payments received under the Oklahoma
19
20 Quality Jobs Program Act if the establishment is determined by the
20
21 Oklahoma Tax Commission to no longer have business operations in the
21
22 state within three (3) years from the beginning of the calendar
22
23 quarter for which the first incentive payment claim is filed.
23
24
24
Req. No. 2460 Page 11
1 K. A municipality with a population of less than one hundred
1
2 thousand (100,000) persons in which an establishment eligible to
2
3 receive quarterly incentive payments pursuant to the provisions of
3
4 this section is located may file a claim with the Tax Commission for
4
5 up to twenty-five percent (25%) of the amount of such payment. The
5
6 amount of such claim shall not exceed amounts paid by the
6
7 municipality for direct costs of municipal infrastructure
7
8 improvements to provide water and sewer service to the
8
9 establishment. Such claim shall not be approved by the Tax
9
10 Commission unless the municipality and the establishment have
10
11 entered into a written agreement for such claims to be filed by the
11
12 municipality prior to submission of the application of the
12
13 establishment pursuant to the provisions of this section. If such
13
14 claim is approved, the amount of the payment to the establishment
14
15 made pursuant to the provisions of Section 3606 of this title shall
15
16 be reduced by the amount of the approved claim by the municipality
16
17 and the Tax Commission shall issue a warrant to the municipality in
17
18 the amount of the approved claim in the same manner as warrants are
18
19 issued to qualifying establishments.
19
20 L. For any contract executed by an establishment on or after
20
21 August 2, 2018, five percent (5%) of the quarterly incentive payment
21
22 amount shall be transferred by the Oklahoma Tax Commission to the
22
23 Oklahoma Quick Action Closing Fund.
23
24
24
Req. No. 2460 Page 12
1 SECTION 2. AMENDATORY 68 O.S. 2021, Section 3604.1, is
1
2 amended to read as follows:
2
3 Section 3604.1. A. A qualified federal contractor may receive
3
4 quarterly incentive payments for renewable ten-year periods from the
4
5 Oklahoma Tax Commission pursuant to the provisions of the Oklahoma
5
6 Quality Jobs Program Act and the provisions of this section.
6
7 B. The amount of such payments shall be equal to a net benefit
7
8 rate of not less than twenty-five hundredths one-hundredths of one
8
9 percent (0.25%), but not greater than two percent (2%), multiplied
9
10 by the total qualified labor hours worked by employees of the
10
11 federal contractor or employees of a qualified federal
11
12 subcontractor, or both, pursuant to a qualified federal contract for
12
13 a calendar quarter as verified by the Oklahoma Employment Security
13
14 Commission and certified by a qualified federal contractor verifier.
14
15 The net benefit rate for a qualified federal contractor shall be
15
16 scaled to annual subcontracting goals that account for both total
16
17 qualified subcontract labor hours and the ratio of qualified
17
18 subcontract labor hours to total qualified labor hours. Unless
18
19 limited by the cost/benefit cost-benefit analysis, the net benefit
19
20 rate shall:
20
21 1. Not exceed twenty-five hundredths one-hundredths of one
21
22 percent (0.25%) when annual qualified subcontract labor hours are
22
23 less than Two Hundred Thousand Dollars ($200,000.00) or when annual
23
24
24
Req. No. 2460 Page 13
1 qualified subcontract labor is less than one percent (1%) of the
1
2 annual total qualified labor hours claimed;
2
3 2. Not be less than five-tenths of one percent (0.5%) when
3
4 subcontract goals are met with a minimum of Two Hundred Thousand
4
5 Dollars ($200,000.00) of annual total qualified subcontractor labor
5
6 hours and these hours are a minimum of one percent (1%) of the
6
7 annual total qualified hours claimed;
7
8 3. Not be less than one percent (1%) when subcontract goals are
8
9 met with a minimum of One Million Dollars ($1,000,000.00) of annual
9
10 total qualified subcontractor labor hours and when these hours
10
11 represent a minimum of five percent (5%) of the annual total
11
12 qualified hours claimed;
12
13 4. Not be less than one and five-tenths percent (1.5%) when
13
14 subcontract goals are met with a minimum of Two Million Dollars
14
15 ($2,000,000.00) of annual total qualified subcontractor labor hours
15
16 and these hours are a minimum of ten percent (10%) of the annual
16
17 total qualified hours claimed; and
17
18 5. Not be less than two percent (2.0%) when subcontract goals
18
19 are met with a minimum of Four Million Dollars ($4,000,000.00) of
19
20 annual total qualified subcontractor labor hours and these hours are
20
21 a minimum of twenty percent (20%) of the annual total qualified
21
22 hours claimed.
22
23 C. In order to receive incentive payments, a qualified federal
23
24 contractor shall apply to the Oklahoma Department of Commerce within
24
Req. No. 2460 Page 14
1 one hundred eighty (180) days following the date of the award of a
1
2 qualified federal contract or award of a new qualified subcontract
2
3 under an existing qualified federal contract. The application shall
3
4 be on a form prescribed by the Department and shall contain such
4
5 information as may be required by the Department to determine if the
5
6 applicant is qualified. Once qualified by the Department, the
6
7 applicant shall submit qualified federal contracts to the federal
7
8 contract verifier. The federal contract verifier shall establish
8
9 with the applicant an information system(s) or contract(s) as may be
9
10 required to certify the total qualified labor hours, qualified labor
10
11 rates, and reimbursement through the qualified federal contract. A
11
12 qualified federal contractor may apply for an effective date for a
12
13 project, which shall not be more than twenty-four (24) months from
13
14 the date the application is submitted to the Department. No state
14
15 agency shall be required to make any payment to a qualified federal
15
16 contract verifier for any information needed by the agency to
16
17 perform any duty imposed upon it pursuant to the provisions of
17
18 Section 3601 et seq. of this title. All costs for the federal
18
19 contract verifier shall be reimbursed through value-added services
19
20 on the qualified federal contract or other mechanisms agreed to by
20
21 the federal contractor verifier and the federal contract performers.
21
22 D. In order to qualify to receive incentive payments as
22
23 authorized by the Oklahoma Quality Jobs Program Act, in addition to
23
24 other qualifications specified herein, a qualified federal
24
Req. No. 2460 Page 15
1 contractor shall be required to pay direct jobs an average
1
2 annualized wage which equals or exceeds:
2
3 1. One hundred ten percent (110%) of the average county wage as
3
4 determined by the Oklahoma Department of Commerce based on the most
4
5 recent U.S. United States Department of Commerce data for the county
5
6 in which the new direct jobs are located. For purposes of this
6
7 paragraph, health care premiums paid by the applicant for
7
8 individuals in new direct jobs shall be included in the annualized
8
9 wage; or
9
10 2. One hundred percent (100%) of the average county wage as
10
11 that percentage is determined by the Oklahoma Department of Commerce
11
12 based upon the most recent U.S. United States Department of Commerce
12
13 data for the county in which the new jobs are located. For purposes
13
14 of this paragraph, health care premiums paid by the applicant for
14
15 individuals in new direct jobs shall not be included in the
15
16 annualized wage.
16
17 Provided, for applications submitted before January 1, 2027, no
17
18 average wage requirement shall exceed Twenty-nine Thousand Four
18
19 Hundred Nine Dollars ($29,409.00), in any county. This maximum wage
19
20 threshold shall be indexed and modified from time to time based on
20
21 the latest Consumer Price Index year-to-date percent change release
21
22 as of the date of the annual average county wage data release from
22
23 the Bureau of Economic Analysis of the U.S. United States Department
23
24 of Commerce.
24
Req. No. 2460 Page 16
1 3. For qualified subcontractor work, the qualified federal
1
2 contractor shall have a minimum average qualified labor rate
2
3 requirement paid to the subcontractor of Thirty-one Dollars ($31.00)
3
4 per hour, in any county. This maximum wage threshold shall be
4
5 indexed and modified from time to time based on the latest Consumer
5
6 Price Index year-to-date percent change release as of the date of
6
7 the annual average county wage data release from the Bureau of
7
8 Economic Analysis of the U.S. United States Department of Commerce.
8
9 E. The Oklahoma Department of Commerce shall determine if the
9
10 applicant is qualified to receive incentive payments using
10
11 information supplied to the Department by the qualified federal
11
12 contractor verifier. The NAICS North American Industry
12
13 Classification System (NAICS) code or codes under which the federal
13
14 government awarded the qualified federal contract shall be used to
14
15 determine the basic industry for a qualified federal contractor.
15
16 For federal contracts awarded under NAICS codes not within the
16
17 definition of basic industry pursuant to paragraph 1 of subsection A
17
18 of Section 3603 of this title, the Oklahoma Department of Commerce,
18
19 with the federal contract verifier, may evaluate and utilize
19
20 individual statement of work items that would qualify within a basic
20
21 industry definition.
21
22 F. If the applicant is determined to be qualified by the
22
23 Department, the Department shall conduct a cost/benefit cost-benefit
23
24 analysis to determine the estimated net direct state benefits and
24
Req. No. 2460 Page 17
1 the net benefit rate, as provided by subsection B of this section,
1
2 applicable for a ten-year period beginning with the first complete
2
3 calendar quarter following the start date and to estimate the amount
3
4 of gross payroll and total qualified labor hours for a ten-year
4
5 period beginning with the first complete calendar quarter following
5
6 the start date. In conducting such cost/benefit cost-benefit
6
7 analysis, the Department shall consider quantitative factors, such
7
8 as the anticipated level of new tax revenues to the state along with
8
9 the added cost to the state of providing services, and such other
9
10 criteria as deemed appropriate by the Department. In no event shall
10
11 incentive payments, cumulatively, exceed the estimated net direct
11
12 state benefits. Using this net cost/benefit cost-benefit analysis
12
13 model, the Department may establish the renewable ten-year contract
13
14 with a qualified federal contractor at the entity level to encompass
14
15 any current or future qualified federal contracts that meet the
15
16 cost/benefit cost-benefit analysis metrics as determined by the
16
17 federal contractor verifier and confirmed by the Department.
17
18 G. Upon approval of such an application, the Department shall
18
19 notify the Tax Commission and shall provide it with a copy of the
19
20 contract that has been cosigned by the federal contractor verifier
20
21 and the results of the cost/benefit cost-benefit analysis. The Tax
21
22 Commission may require the qualified federal contractor, federal
22
23 contract verifier, and qualified subcontractors to submit such
23
24 additional information as may be necessary to administer the
24
Req. No. 2460 Page 18
1 provisions of the Oklahoma Quality Jobs Program Act. The approved
1
2 qualified federal contractor shall file quarterly claims with the
2
3 Tax Commission and shall continue to file such quarterly claims
3
4 during the ten-year incentive period to show its continued
4
5 eligibility for incentive payments, as provided in Section 3606 of
5
6 this title, or until it is no longer qualified to receive incentive
6
7 payments. The qualified federal contractor may be audited by the
7
8 Tax Commission to verify such eligibility. Once the qualified
8
9 federal contractor is approved, an agreement shall be deemed to
9
10 exist between the qualified federal contractor and the State of
10
11 Oklahoma this state, requiring the continued incentive payment to be
11
12 made as long as the qualified federal contractor retains its
12
13 eligibility as defined in and established pursuant to this section
13
14 and Sections 3603 and 3606 of this title and within the limitations
14
15 contained in the Oklahoma Quality Jobs Program Act, which existed at
15
16 the time of such approval.
16
17 H. For qualified federal contracts with periods of performance
17
18 exceeding two (2) years, if the actual annual verified gross
18
19 qualified labor hours for four (4) consecutive calendar quarters
19
20 does do not equal or exceed Two Million Five Hundred Thousand
20
21 Dollars ($2,500,000.00) within three (3) years of the start date, or
21
22 does do not equal or exceed actual annual gross qualified labor
22
23 hours of Two Million Five Hundred Thousand Dollars ($2,500,000.00)
23
24 at any other time during the ten-year period after the start date,
24
Req. No. 2460 Page 19
1 the incentive payments shall not be made and shall not be resumed
1
2 until such time as the actual annual qualified labor hours exceed
2
3 Two Million Five Hundred Thousand Dollars ($2,500,000.00).
3
4 I. If the average annualized wage or minimum average qualified
4
5 labor rate required by subsection H of this section is not met
5
6 during any calendar quarter, the incentive payments shall not be
6
7 made and shall not be resumed until such time as such requirements
7
8 are met.
8
9 J. Before approving a quarterly incentive payment for a
9
10 qualified federal contract, the federal contract verifier must first
10
11 determine through the Department that neither the qualified federal
11
12 contractor nor the subcontractor are receiving incentive payments
12
13 under the Oklahoma Quality Jobs Program Act, the Saving Quality Jobs
13
14 Act, the 21st Century Quality Jobs Incentive Act or the Former
14
15 Military Facility Development Act for the performance of the same
15
16 such services under the qualified federal contract and is not
16
17 qualified for approval of an application for incentive payments
17
18 under the Oklahoma Quality Jobs Program Act, the Saving Quality Jobs
18
19 Act, the 21st Century Quality Jobs Incentive Act or the Former
19
20 Military Facility Development Act for the performance of the same
20
21 such services under the qualified federal contract. If the
21
22 qualified federal contractor or the subcontractor are is receiving
22
23 or have has an approved application for incentive payments under the
23
24 Oklahoma Quality Jobs Program Act, the Saving Quality Jobs Act, the
24
Req. No. 2460 Page 20
1 21st Century Quality Jobs Incentive Act or the Former Military
1
2 Facility Development Act for the performance of the same such
2
3 services under the qualified federal contract, each may choose to
3
4 defer in part or in entirety the other incentives for the qualified
4
5 federal contractor to receive the incentives pursuant to subsection
5
6 B of this section. The federal contract verifier shall confirm any
6
7 deferrals and ensure the total for all quality jobs incentive
7
8 payments on any individual does not exceed the total net benefit to
8
9 the state. Should neither the federal contractor nor the
9
10 subcontractor defer in part or in entirety their incentive payments
10
11 such that the total for all Quality Jobs quality jobs incentive
11
12 payments exceeds the total net benefit to the state, the priority
12
13 for incentive payments shall go to the entity with the earliest
13
14 recognized start date indentified identified within the current
14
15 Oklahoma Department of Commerce Quality Jobs quality jobs contract.
15
16 SECTION 3. AMENDATORY 68 O.S. 2021, Section 3606, as
16
17 last amended by Section 2, Chapter 29, 1st Extraordinary Session,
17
18 O.S.L. 2023 (68 O.S. Supp. 2025, Section 3606), is amended to read
18
19 as follows:
19
20 Section 3606. A. As soon as practicable Within one (1) year
20
21 after the end of the first complete calendar quarter following the
21
22 start date, the establishment shall file a claim for the payment
22
23 with the Oklahoma Tax Commission and shall specify the actual number
23
24 and gross payroll of new direct jobs for the establishment for the
24
Req. No. 2460 Page 21
1 calendar quarter. The Tax Commission shall verify the actual gross
1
2 payroll for new direct jobs for the establishment for such calendar
2
3 quarter. If the Tax Commission is not able to provide such
3
4 verification utilizing all available resources, the Tax Commission
4
5 may request such additional information from the establishment as
5
6 may be necessary or may request the establishment to revise its
6
7 claim. An establishment may file for an extension of the initial
7
8 filing date with the Oklahoma Department of Commerce. Any such
8
9 extension shall be based solely upon an extraordinary adverse
9
10 business circumstance which prevented the establishment from hiring
10
11 the new direct jobs as projected. If an establishment fails to file
11
12 claims as required by this section, it shall forfeit the right to
12
13 receive any incentive payments after three (3) years from the start
13
14 date. If an establishment has filed at least one claim pursuant to
14
15 this section but fails to file another claim within two (2) years of
15
16 the most recent claim, the Tax Commission, after consulting with the
16
17 Oklahoma Department of Commerce, may dismiss the establishment from
17
18 the program, forfeiting the establishment's right to receive
18
19 incentive payments based on that contract.
19
20 B. 1. Except as otherwise provided in paragraph 2 of this
20
21 subsection, if the actual verified gross payroll for four (4)
21
22 consecutive calendar quarters does not equal or exceed the
22
23 applicable total required by Section 3604 of this title within three
23
24 (3) years of the start date, or does not equal or exceed the
24
Req. No. 2460 Page 22
1 applicable total required by Section 3604 of this title at any other
1
2 time during the ten-year period after the start date or during the
2
3 thirty-year period after the start date for establishments defined
3
4 or classified in the NAICS North American Industry Classification
4
5 System (NAICS) Manual under U.S. Industry No. 711211 (2007 version),
5
6 the incentive payments shall not be made and shall not be resumed
6
7 until such time as the actual verified gross payroll equals or
7
8 exceeds the amounts specified in Section 3604 of this title. If an
8
9 establishment fails to achieve the required gross payroll within
9
10 three (3) years of the start date, the establishment shall not make
10
11 a new or renewal application for incentive payments authorized
11
12 pursuant to the Oklahoma Quality Jobs Program Act for a period of
12
13 twelve (12) months from the last day of the last month of the three-
13
14 year period during which the required gross payroll amount was not
14
15 achieved.
15
16 2. Any establishment which does not meet the quarterly payroll
16
17 requirements provided pursuant to paragraph 1 of this subsection
17
18 during the time period which begins on April 1, 2020, and ends on
18
19 June 30, 2021, shall continue to receive incentive payments and
19
20 shall be exempt from the prescribed limitations.
20
21 C. If the average annualized wage required for an establishment
21
22 does not equal or exceed the amount specified in paragraph 1 or 2 of
22
23 subsection F of Section 3604 of this title during any calendar
23
24
24
Req. No. 2460 Page 23
1 quarter, the incentive payments shall not be made and shall not be
1
2 resumed until such time as such requirements are met.
2
3 D. In no event shall incentive payments, cumulatively, exceed
3
4 the estimated net direct state benefits, except for establishments
4
5 subject to the provisions of subparagraph d of paragraph 7 of
5
6 subsection A of Section 3603 of this title.
6
7 E. An establishment that has qualified pursuant to Section 3604
7
8 of this title may receive payments only in accordance with the
8
9 provisions of the law under which it initially applied and was
9
10 approved. If an establishment that is receiving incentive payments
10
11 expands, it may apply for additional incentive payments based on the
11
12 gross payroll anticipated from the expansion only, pursuant to
12
13 Section 3604 of this title. Provided, an establishment which has
13
14 suffered an extraordinary adverse business circumstance, as
14
15 certified by the Incentive Approval Committee, may be allowed to
15
16 voluntarily withdraw from the Oklahoma Quality Jobs Program, repay
16
17 to the Tax Commission the total amount of incentive payments
17
18 received pursuant to the provisions of this section, plus interest
18
19 at the rate specified in Section 727.1 of Title 12 of the Oklahoma
19
20 Statutes, and reapply to the Department for a new incentive contract
20
21 if the establishment qualifies pursuant to the provisions of the
21
22 Oklahoma Quality Jobs Program Act. Any funds received by the Tax
22
23 Commission pursuant to the provisions of this subsection shall be
23
24 apportioned in the manner that income tax revenues are apportioned.
24
Req. No. 2460 Page 24
1 F. An establishment that is receiving incentive payments may
1
2 not apply for additional incentive payments for any new projects
2
3 until twelve (12) quarters after receipt of the first incentive
3
4 payment, or until the establishment's actual verified gross payroll
4
5 for new direct jobs equals or exceeds Two Million Five Hundred
5
6 Thousand Dollars ($2,500,000.00) during any four consecutive-
6
7 calendar-quarter period, whichever comes first. After meeting the
7
8 requirements of this subsection, an establishment may apply for
8
9 additional incentive payments based upon the gross payroll
9
10 anticipated from an expansion only.
10
11 G. As soon as practicable after verification of the actual
11
12 gross payroll as required by this section and except as otherwise
12
13 provided by subsection K of Section 3604 of this title, the Tax
13
14 Commission shall issue a warrant to the establishment in the amount
14
15 of the net benefit rate multiplied by the actual gross payroll as
15
16 determined pursuant to subsection A of this section for the calendar
16
17 quarter.
17
18 SECTION 4. AMENDATORY 68 O.S. 2021, Section 3905, is
18
19 amended to read as follows:
19
20 Section 3905. A. 1. Beginning with the first complete
20
21 calendar quarter after the application of the establishment is
21
22 approved by the Oklahoma Department of Commerce, the establishment
22
23 shall begin filing quarterly reports with the Oklahoma Tax
23
24 Commission that specify the actual number and individual gross
24
Req. No. 2460 Page 25
1 taxable payroll of new direct jobs for the establishment and such
1
2 other information as required by the Tax Commission. In no event
2
3 shall the first claim for incentive payments be filed later than
3
4 three (3) years one (1) year from the start date designated by the
4
5 Department. The Tax Commission shall verify the actual individual
5
6 gross taxable payroll for new direct jobs. If the Tax Commission is
6
7 not able to provide such verification utilizing all available
7
8 resources, the Tax Commission may request additional information
8
9 from the establishment as may be necessary or may request the
9
10 establishment to revise its reports.
10
11 The establishment shall continue filing such reports during the
11
12 seven-year incentive period or until it is no longer qualified to
12
13 receive incentive payments. Such reports shall constitute a claim
13
14 for quarterly incentive payments by the establishment.
14
15 2. Upon receipt of a report for the initial calendar quarter of
15
16 the incentive period and for each subsequent calendar quarter
16
17 thereafter, the Tax Commission shall determine if the establishment
17
18 has met the following requirements:
18
19 a. created and or maintained the minimum number of new
19
20 direct jobs as specified in paragraph 3 of subsection
20
21 C of Section 3904 of this title, and
21
22 b. paid the individuals it employed in new direct jobs an
22
23 annualized wage which equaled or exceeded the
23
24 applicable percentage of the average county wage as
24
Req. No. 2460 Page 26
1 that percentage was determined by the Oklahoma
1
2 Department of Commerce upon approval of the
2
3 application.
3
4 3. Upon determining that an establishment has met the
4
5 requirements of paragraph 2 of this subsection for the initial
5
6 calendar quarter of the incentive period, the Tax Commission shall
6
7 issue a warrant to the establishment in an amount which shall be
7
8 equal to the net benefit rate multiplied by the amount of gross
8
9 taxable payroll of new direct jobs actually paid by the
9
10 establishment.
10
11 B. Except as provided in subsection C of this section, the
11
12 quarterly incentive payment provided for in subsection A of this
12
13 section shall be allowed in each of the twenty-seven subsequent
13
14 calendar quarters.
14
15 C. 1. An establishment which does not meet the requirements of
15
16 paragraph 2 of subsection A of this section within twelve (12)
16
17 months of the date of its application, or after July 1, 2011, within
17
18 twenty-four (24) months of the date of its application, shall be
18
19 ineligible to receive any incentive payments pursuant to its
19
20 application and approval.
20
21 2. An establishment which at any time during the twenty-seven
21
22 subsequent calendar quarters does not meet the requirements of
22
23 paragraph 2 of subsection A of this section shall be ineligible to
23
24
24
Req. No. 2460 Page 27
1 receive an incentive payment during the calendar quarter in which
1
2 such requirements are not met.
2
3 SECTION 5. AMENDATORY 68 O.S. 2021, Section 3914, is
3
4 amended to read as follows:
4
5 Section 3914. A. Except for the payment amount required by
5
6 subsection E of this section, an establishment which meets the
6
7 qualifications specified in the 21st Century Quality Jobs Incentive
7
8 Act may receive quarterly incentive payments for a ten-year period
8
9 from the Oklahoma Tax Commission pursuant to the provisions of this
9
10 act the 21st Century Quality Jobs Incentive Act, as verified by the
10
11 Tax Commission, in an amount equal to:
11
12 1. The gross payroll multiplied by the initial net benefit rate
12
13 until such time as the establishment creates ten new direct jobs; or
13
14 2. The gross payroll multiplied by the fulfillment net benefit
14
15 rate after such time as the establishment created and maintains ten
15
16 new direct jobs.
16
17 B. In order to receive incentive payments, an establishment
17
18 shall apply to the Oklahoma Department of Commerce. The application
18
19 shall be on a form prescribed by the Department and shall contain
19
20 such information as may be required by the Department to determine
20
21 if the applicant is qualified. The establishment may apply for an
21
22 effective date for a project, which shall not be more than twelve
22
23 (12) months from the date the application is submitted to the
23
24 Department.
24
Req. No. 2460 Page 28
1 C. Before approving an application for incentive payments, the
1
2 Department must first determine that the applicant meets the
2
3 following requirements:
3
4 1. Be engaged in a basic industry as defined in the 21st
4
5 Century Quality Jobs Incentive Act;
5
6 2. Will hire at least ten full-time employees in this state
6
7 within twelve (12) quarters of the date of application;
7
8 3. Will pay the individuals it employs in new direct jobs an
8
9 average annualized wage which equals or exceeds three hundred
9
10 percent (300%) of the average county wage for the county in which
10
11 the applicant is located as that percentage is determined by the
11
12 Oklahoma Department of Commerce based on the most recent U.S. United
12
13 States Department of Commerce data. For purposes of this paragraph,
13
14 health care premiums paid by the applicant for individuals in new
14
15 direct jobs shall not be included in the annualized wage. Provided,
15
16 for applications submitted before January 1, 2027, no average wage
16
17 requirement shall exceed Ninety-four Thousand Dollars ($94,000.00)
17
18 in any county. This maximum wage threshold shall be indexed and
18
19 modified from time to time based on the latest Consumer Price Index
19
20 year-to-date percent change release as of the date of the annual
20
21 average county wage data release from the Bureau of Economic
21
22 Analysis of the U.S. United States Department of Commerce;
22
23 4. Has a basic health benefit plan which, as determined by the
23
24 Department, meets the elements established under divisions (1)
24
Req. No. 2460 Page 29
1 through (7) of subparagraph b of paragraph 1 of subsection A of
1
2 Section 3603 of this title and which will be offered to individuals
2
3 within twelve (12) months of employment in a new direct job;
3
4 5. Has not received incentive payments under the Small Employer
4
5 Quality Jobs Program Incentive Act, the Saving Quality Jobs Act or
5
6 the Former Military Facility Development Act; and
6
7 6. Is not qualified for approval of an application for
7
8 incentive payments under the Small Employer Quality Jobs Program
8
9 Incentive Act, the Saving Quality Jobs Act or the Former Military
9
10 Facility Development Act.
10
11 D. The Oklahoma Department of Commerce shall determine if an
11
12 applicant is qualified to receive the incentive payment. Upon
12
13 qualifying the applicant, the Department shall notify the Tax
13
14 Commission and shall provide it with a copy of the contract and
14
15 approval which shall provide the number of persons employed by the
15
16 applicant upon the date of approval and the maximum total incentives
16
17 which may be paid to the applicant during the ten-year period. The
17
18 Tax Commission may require the qualified establishment to submit
18
19 additional information as may be necessary to administer the
19
20 provisions of this act the 21st Century Quality Jobs Incentive Act.
20
21 The approved establishment shall report to the Tax Commission
21
22 quarterly to show its continued eligibility for incentive payments,
22
23 as provided in Section 3905 of this title. Establishments may be
23
24 audited by the Tax Commission to verify such eligibility. Once the
24
Req. No. 2460 Page 30
1 establishment is approved, an agreement shall be deemed to exist
1
2 between the establishment and the State of Oklahoma, requiring
2
3 incentive payments to be made for a ten-year period as long as the
3
4 establishment retains its eligibility and within the limitations of
4
5 this act the 21st Century Quality Jobs Incentive Act as it existed
5
6 at the time of such approval.
6
7 E. For any contract executed by an establishment on or after
7
8 the effective date of this act August 2, 2018, five percent (5%) of
8
9 the quarterly incentive payment amount shall be transferred by the
9
10 Oklahoma Tax Commission to the Oklahoma Quick Action Closing Fund.
10
11 SECTION 6. AMENDATORY 68 O.S. 2021, Section 3915, is
11
12 amended to read as follows:
12
13 Section 3915. A. 1. Beginning with the first complete
13
14 calendar quarter after the application of the establishment is
14
15 approved by the Oklahoma Department of Commerce, the establishment
15
16 shall begin filing quarterly reports with the Oklahoma Tax
16
17 Commission that specify the actual number and individual gross
17
18 taxable payroll of new direct jobs for the establishment and such
18
19 other information as required by the Tax Commission. In no event
19
20 shall the first claim for incentive payments be filed later than
20
21 three (3) years one (1) year from the start date designated by the
21
22 Department. The Tax Commission shall verify the actual individual
22
23 gross taxable payroll for new direct jobs. If the Tax Commission is
23
24 not able to provide such verification utilizing all available
24
Req. No. 2460 Page 31
1 resources, the Tax Commission may request additional information
1
2 from the establishment as may be necessary or may request the
2
3 establishment to revise its reports.
3
4 The establishment shall continue filing such reports during the
4
5 ten-year incentive period or until it is no longer qualified to
5
6 receive incentive payments. Such reports shall constitute a claim
6
7 for quarterly incentive payments by the establishment.
7
8 2. Upon receipt of a report for the initial calendar quarter of
8
9 the incentive period and for each subsequent calendar quarter
9
10 thereafter, the Tax Commission shall determine if the establishment
10
11 has met the following requirements:
11
12 a. during the initial twelve (12) quarters of the
12
13 contract or until the establishment creates ten new
13
14 direct jobs, paid the individuals it employed in new
14
15 direct jobs an average annualized wage that exceeded
15
16 the requirements of paragraph 3 of subsection C of
16
17 Section 3914 of this title, or
17
18 b. after the establishment created ten new direct jobs:
18
19 (1) paid the individuals it employed in new direct
19
20 jobs an average annualized wage which equaled or
20
21 exceeded the requirements of paragraph 3 of
21
22 subsection C of Section 3914 of this title, and
22
23
23
24
24
Req. No. 2460 Page 32
1 (2) created and/or or maintained the minimum number
1
2 of new direct jobs as specified in the 21st
2
3 Century Quality Jobs Incentive Act.
3
4 3. Upon determining that an establishment has met the
4
5 requirements of paragraph 2 of this subsection for the initial
5
6 calendar quarter of the incentive period, the Tax Commission shall
6
7 issue a warrant to the establishment in an amount which shall be
7
8 equal to either:
8
9 a. the initial net benefit rate multiplied by the amount
9
10 of gross taxable payroll of new direct jobs actually
10
11 paid by the establishment during the initial twelve
11
12 (12) quarters of the contract or until the
12
13 establishment reaches ten new direct jobs, whichever
13
14 comes first, or
14
15 b. the fulfillment net benefit rate multiplied by the
15
16 amount of gross taxable payroll of new direct jobs
16
17 actually paid by the establishment after it creates or
17
18 maintains ten new direct jobs.
18
19 B. Except as provided in subsection C of this section, the
19
20 quarterly incentive payment provided for in subsection A of this
20
21 section shall be allowed in each of the thirty-nine (39) subsequent
21
22 calendar quarters.
22
23 C. 1. An establishment which does not meet the requirements of
23
24 paragraph 2 of subsection A of this section within twelve (12)
24
Req. No. 2460 Page 33
1 quarters of the date of its application shall be ineligible to
1
2 receive any incentive payments pursuant to its application and
2
3 approval.
3
4 2. An establishment which at any time during the thirty-nine
4
5 (39) subsequent calendar quarters does not meet the requirements of
5
6 paragraph 2 of subsection A of this section shall be ineligible to
6
7 receive an incentive payment during the calendar quarter in which
7
8 such requirements are not met.
8
9 3. An establishment which has met the requirements of paragraph
9
10 2 of subsection A of this section within twelve (12) quarters of the
10
11 date of its application, but which at any time during the subsequent
11
12 twenty-eight (28) quarters fails to meet the requirements of
12
13 paragraph 2 of subsection A of this section in four (4) consecutive
13
14 quarters, shall be ineligible to receive any further incentive
14
15 payments pursuant to its application and approval.
15
16 SECTION 7. This act shall become effective November 1, 2026.
16
17
17
18 60-2-2460 QD 12/31/2025 2:04:21 AM
18
19
19
20
20
21
21
22
22
23
23
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24
Req. No. 2460 Page 34Every fact on this page links to its source, starting with the official bill record.