Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1990 By: Hall
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6 AS INTRODUCED
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7 An Act relating to the Incentive Evaluation
7 Commission; amending 62 O.S. 2021, Section 7005, as
8 amended by Section 3, Chapter 125, O.S.L. 2023 (62
8 O.S. Supp. 2025, Section 7005), which relates to the
9 evaluation process; requiring the Commission to
9 submit report to the Secretary of State; modifying
10 required considerations for estimate of economic and
10 fiscal impact; updating statutory language; and
11 updating statutory references.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 62 O.S. 2021, Section 7005, as
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15 amended by Section 3, Chapter 125, O.S.L. 2023 (62 O.S. Supp. 2025,
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16 Section 7005), is amended to read as follows:
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17 Section 7005. A. The Incentive Evaluation Commission may
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18 contract with a private company, nonprofit, or academic institution
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19 to assist with evaluation of each incentive. The Commission shall
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20 develop a scope of services for a request for proposals issued
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21 pursuant to the Oklahoma Central Purchasing Act, Section 85.1 et
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22 seq. of Title 74 of the Oklahoma Statutes, for professional services
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23 necessary to complete incentive evaluations pursuant to the
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24 Incentive Evaluation Act. The scope of services shall include a
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1 provision requiring the contractor to provide at least one draft
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2 report for each incentive prior to the issuance of the final report;
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3 provided, the contractor may determine the timing and frequency of
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4 draft reports based on the availability of information and the
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5 potential for draft reports to assist the Commission in making a
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6 final recommendation. The cost of such contract shall be paid by
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7 the Office of Management and Enterprise Services. No recipient or
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8 potential recipient of an incentive or representative of a recipient
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9 or potential recipient shall contact the entity or individual with
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10 whom the Commission contracts pursuant to this subsection unless the
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11 entity or individual specifically requests information or
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12 documentation for purposes of the incentive evaluation process;
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13 provided, this shall not be construed to prevent participation in a
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14 public hearing conducted pursuant to subsection B of this section.
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15 B. By October 1 of each year beginning in calendar year 2023,
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16 the Commission or the Commission's chosen contractor shall evaluate
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17 each incentive scheduled for review that year. The Commission or
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18 the Commission's chosen contractor shall conduct each incentive
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19 evaluation in consultation with the Oklahoma Department of Commerce
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20 division of Policy, Research and Economic Analysis Services Division
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21 using criteria developed pursuant to subsection D of this section.
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22 Between October 1 and November 30 of each year beginning in 2017,
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23 the Commission shall hold at least one public meeting to review,
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24 allow for public comment, and vote to approve, disapprove, or modify
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Req. No. 2716 Page 2
1 each incentive evaluation conducted that year. By December 15 of
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2 each year beginning in 2016, the Commission shall provide the
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3 results of each incentive evaluation, a review of prior Commission
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4 recommendations, and changes to statute or incentive administration
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5 related to incentive evaluation recommendations in a written report
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6 submitted electronically to the Governor, President Pro Tempore of
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7 the Senate, and Speaker of the House of Representatives, and the
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8 Secretary of State. If the Commission votes to modify an incentive
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9 evaluation as provided in this subsection, such modification and the
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10 original evaluation shall be documented in the annual written report
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11 submitted electronically. The report shall be made publicly
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12 available on the Oklahoma Department of Commerce website, the
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13 Commission website, and documents.ok.gov.
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14 C. Each evaluation shall include the following:
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15 1. An estimate of the economic and fiscal impact of the
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16 incentive. This estimate shall take into account the following
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17 considerations in addition to other relevant factors:
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18 a. the extent to which the incentive changes business
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19 behavior, including whether a business receiving the
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20 incentive would likely have taken any action required
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21 to receive the incentive in the absence of such
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22 incentive,
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23 b. the results of the incentive for the economy of
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24 Oklahoma as a whole. This consideration includes both
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1 positive direct and indirect impacts and any negative
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2 effects on other Oklahoma businesses, and
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3 c. a comparison to the results of other incentives or
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4 other economic development strategies with similar
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5 goals both within this state and other states;
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6 2. An assessment of whether adequate protections are in place
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7 to ensure the fiscal impact of the incentive does not increase
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8 substantially beyond the state's expectations in future years;
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9 3. An assessment of whether the incentive is being administered
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10 effectively;
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11 4. An assessment of whether the incentive is achieving its
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12 goals;
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13 5. Recommendations for how the state can most effectively
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14 achieve the incentive's goals, including recommendations on whether
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15 the incentive should be retained, reconfigured, or repealed; and
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16 6. Recommendations for any changes to state policy, rules, or
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17 statutes that would allow the incentive to be more easily or
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18 conclusively evaluated in the future. These recommendations may
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19 include changes to collection, reporting, and sharing of data, and
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20 revisions or clarifications to the goal of the incentive;
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21 7. An assessment of whether the incentive furthers a strategic
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22 economic goal or an industry within this state; and
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1 8. An assessment of whether the incentive creates a competitive
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2 advantage for this state by evaluating the overall effectiveness of
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3 the incentive at a macroeconomic level.
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4 D. Evaluation criteria shall be developed for each incentive
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5 evaluated by the Commission. Each incentive shall be evaluated
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6 using criteria specific to the individual incentive. The criteria
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7 shall be developed by the Commission through the administrative
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8 rulemaking process pursuant to the Administrative Procedures Act,
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9 Section 250 et seq. of Title 75 of the Oklahoma Statutes, and
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10 codified in the administrative code of the Oklahoma Department of
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11 Commerce.
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12 E. At the request of the Incentive Evaluation Commission,
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13 unless prohibited by the Oklahoma Constitution, Oklahoma Statutes,
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14 or federal law, state agencies shall provide any records,
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15 information, data, or data analysis necessary for the Commission or
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16 contractors to effectively evaluate incentives. The Commission and
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17 contractors shall not disclose or release any data received from
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18 other state agencies, except as permitted under law.
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20 60-2-2716 QD 1/15/2026 9:39:45 AM
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Req. No. 2716 Page 5Every fact on this page links to its source, starting with the official bill record.