{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-3913","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-3913","heading":"Definitions","body":"As used in the 21st Century Quality Jobs Incentive Act:\n\n1. \"Basic industry\" means:\n\na. a basic industry as defined under the Oklahoma Quality\n\nJobs Program Act in divisions (1) through (9) of\n\nsubparagraph a of paragraph 1 of subsection A of\n\nSection 3603 of Title 68 of the Oklahoma Statutes,\n\nexcluding those activities described in division (10)\n\nof subparagraph a of paragraph 1 of subsection A of\n\nSection 3603 of Title 68 of the Oklahoma Statutes.\n\nFor the purposes of this act, if a determination is\n\nrequired by subdivision (b) of division (7) or by\n\ndivision (9) of subparagraph a of paragraph 1 of\n\nsubsection A of Section 3603 of Title 68 of the\n\nOklahoma Statutes, such determination shall be:\n\n(1) made by the Oklahoma Department of Commerce and\n\nnot by the Incentive Approval Committee, and\n\n(2) based on a requirement that those industries that\n\nare required to have at least seventy-five\n\npercent (75%) of total sales to out-of-state\n\ncustomers or buyers for purposes of the Quality\n\nJobs Program Act shall only be required to have\n\nfifty percent (50%) of total sales, as determined\n\nby the Department of Commerce, to out-of-state\n\ncustomers or buyers, to in-state customers or\n\nbuyers if the product or service is resold by the\n\npurchaser to an out-of-state customer or buyer\n\nfor ultimate use, or to the federal government,\n\nfor the purposes of this act,\n\nb. (1) those specialty hospitals (except psychiatric and\n\nsubstance abuse hospitals) defined or classified\n\nin the NAICS Manual under U.S. Industry Group No.\n\n62231, and\n\n(2) those performing arts companies defined or\n\nclassified in the NAICS Manual under U.S.\n\nIndustry Group No.7111, and\n\nc. an establishment classified in this subparagraph which\n\nhas or will have within one (1) year sales of at least\n\nfifty percent (50%) of its total sales, as determined\n\nby the Department of Commerce, to out-of-state\n\ncustomers or buyers, to in-state customers or buyers\n\nif the product or service is resold by the purchaser\n\nto an out-of-state customer or buyer for ultimate use,\n\nor to the federal government:\n\n(1) those electric utility activities defined or\n\nclassified in the NAICS Manual under U.S.\n\nIndustry Group No. 2211 which meet the\n\nrequirements of subdivisions a, b and d of\n\ndivision 2 of subparagraph a of paragraph 1 of\n\nSection 3603 of Title 68 of the Oklahoma\n\nStatutes,\n\n(2) those heavy and civil engineering construction\n\nactivities defined or classified in the NAICS\n\nManual under U.S. Industry Group No. 237,\n\n(3) those motion picture and video industries defined\n\nor classified in the NAICS Manual under U.S.\n\nIndustry Group No. 5121,\n\n(4) those sound recording industries defined or\n\nclassified in the NAICS Manual under U.S.\n\nIndustry Group No. 5122,\n\n(5) those securities, commodity contracts and other\n\nfinancial investment activities defined or\n\nclassified in the NAICS Manual under U.S.\n\nIndustry Group No. 523,\n\n(6) those insurance carriers and related activities\n\ndefined or classified in the NAICS Manual under\n\nU.S. Industry Group No. 524,\n\n(7) those funds, trusts and other financial vehicles\n\ndefined or classified in the NAICS Manual under\n\nU.S. Industry Group No. 525,\n\n(8) those professional, scientific and technical\n\nservices defined or classified in the NAICS\n\nManual under U.S. Industry Group Nos. 5411, 5412,\n\n5413, 5414, 5418 and 5419, and\nactivities\n\ndefined or classified in the NAICS Manual under\n\nU.S. Industry Group No. 524,\n\n(7) those funds, trusts and other financial vehicles\n\ndefined or classified in the NAICS Manual under\n\nU.S. Industry Group No. 525,\n\n(8) those professional, scientific and technical\n\nservices defined or classified in the NAICS\n\nManual under U.S. Industry Group Nos. 5411, 5412,\n\n5413, 5414, 5418 and 5419, and\n\n(9) those electronic and precision equipment repair\n\nand maintenance activities defined or classified\n\nin the NAICS Manual under U.S. Industry Group No.\n\n8112;\n\n2. \"Establishment\" means any business, no matter what legal\n\nform, including, but not limited to, a sole proprietorship,\n\npartnership, corporation, or limited liability corporation;\n\n3. \"Estimated direct state benefits\" means the tax revenues\n\nprojected by the Oklahoma Department of Commerce to accrue to the\n\nstate as a result of new direct jobs;\n\n4. “Estimated indirect state benefits” means the indirect new\n\ntax revenues projected by the Oklahoma Department of Commerce to\n\naccrue to the state, including, but not limited to, revenue\n\ngenerated from ancillary support jobs directly related to the\n\nestablishment;\n\n5. \"Estimated direct state costs\" means the costs projected by\n\nthe Department to accrue to the state as a result of new direct\n\njobs. Such costs shall include, but not be limited to:\n\na. the costs of education of new state resident children,\n\nb. the costs of public health, public safety and\n\ntransportation services to be provided to new state\n\nresidents,\n\nc. the costs of other state services to be provided to\n\nnew state residents, and\n\nd. the costs of other state services;\n\n6. “Estimated indirect state costs” means the costs projected\n\nby the Department to accrue to the state as a result of new indirect\n\njobs. Such costs shall include, but not be limited to, costs\n\nenumerated in subparagraphs a, b, c and d of paragraph 5 of this\n\nsubsection;\n\n7. \"Estimated net direct state benefits\" means the estimated\n\ndirect state benefits less the estimated direct state costs;\n\n8. “Estimated net direct and indirect state benefits” means the\n\nestimated direct and indirect state benefits less the estimated\n\ndirect and indirect state costs;\n\n9. \"Full-time employment\" means employment of persons residing\n\nin this state and working for thirty (30) hours per week or more in\n\nthis state, which has a minimum six-month duration during any\n\ntwelve-month period;\n\n10. \"Gross taxable payroll\" means wages, as defined in Section\n\n2385.1 of Title 68 of the Oklahoma Statutes, for new direct jobs;\n\n11. \"Initial net benefit rate\" means the estimated net direct\n\nstate benefits computed as a percentage of gross payroll; provided:\n\na. the initial net benefit rate may be variable and shall\n\nnot exceed seven percent (7%), and\n\nb. in no event shall incentive payments, cumulatively,\n\nexceed the estimated net direct state benefits; and\n\n12. \"Fulfillment net benefit rate\" means the estimated net\n\ndirect and indirect state benefits computed as a percentage of gross\n\npayroll after the completion of the first twelve (12) quarters or\n\nuntil the establishment reaches ten new direct jobs, whichever\n\noccurs first, provided:\n\na. the fulfillment net benefit rate may be variable and\n\nshall not exceed ten percent (10%), and\n\nb. in no event shall incentive payments, cumulatively,\n\nexceed the estimated net direct and indirect state\n\nbenefits; and\n\n13. \"New direct job\" means full-time employment which did not\n\nexist in this state prior to the date of approval, by the Oklahoma\n\nDepartment of Commerce, of an application made pursuant to this act.\n\nA job shall be deemed to exist in this state prior to approval of an\n\napplication if the activities and functions for which the particular\n\njob exists have been ongoing at anytime within six (6) months prior\n\nto such approval.","path":["OK Code","Title 68"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8227d84cf3322829dbf0649e18e9c7bc0558cb00ffffadf849087473c2a1b72c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-3912","next":"us-ok/okla.-stat.-tit.-68-68-3914"},"notice":"GroundRules: Original legal text. Not legal advice."}