Okla. Stat. tit. 68, § 68-3913

As used in the 21st Century Quality Jobs Incentive Act:

1. "Basic industry" means:

a. a basic industry as defined under the Oklahoma Quality

Jobs Program Act in divisions (1) through (9) of

subparagraph a of paragraph 1 of subsection A of

Section 3603 of Title 68 of the Oklahoma Statutes,

excluding those activities described in division (10)

of subparagraph a of paragraph 1 of subsection A of

Section 3603 of Title 68 of the Oklahoma Statutes.

For the purposes of this act, if a determination is

required by subdivision (b) of division (7) or by

division (9) of subparagraph a of paragraph 1 of

subsection A of Section 3603 of Title 68 of the

Oklahoma Statutes, such determination shall be:

(1) made by the Oklahoma Department of Commerce and

not by the Incentive Approval Committee, and

(2) based on a requirement that those industries that

are required to have at least seventy-five

percent (75%) of total sales to out-of-state

customers or buyers for purposes of the Quality

Jobs Program Act shall only be required to have

fifty percent (50%) of total sales, as determined

by the Department of Commerce, to out-of-state

customers or buyers, to in-state customers or

buyers if the product or service is resold by the

purchaser to an out-of-state customer or buyer

for ultimate use, or to the federal government,

for the purposes of this act,

b. (1) those specialty hospitals (except psychiatric and

substance abuse hospitals) defined or classified

in the NAICS Manual under U.S. Industry Group No.

62231, and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1455

(2) those performing arts companies defined or

classified in the NAICS Manual under U.S.

Industry Group No.7111, and

c. an establishment classified in this subparagraph which

has or will have within one (1) year sales of at least

fifty percent (50%) of its total sales, as determined

by the Department of Commerce, to out-of-state

customers or buyers, to in-state customers or buyers

if the product or service is resold by the purchaser

to an out-of-state customer or buyer for ultimate use,

or to the federal government:

(1) those electric utility activities defined or

classified in the NAICS Manual under U.S.

Industry Group No. 2211 which meet the

requirements of subdivisions a, b and d of

division 2 of subparagraph a of paragraph 1 of

Section 3603 of Title 68 of the Oklahoma

Statutes,

(2) those heavy and civil engineering construction

activities defined or classified in the NAICS

Manual under U.S. Industry Group No. 237,

(3) those motion picture and video industries defined

or classified in the NAICS Manual under U.S.

Industry Group No. 5121,

(4) those sound recording industries defined or

classified in the NAICS Manual under U.S.

Industry Group No. 5122,

(5) those securities, commodity contracts and other

financial investment activities defined or

classified in the NAICS Manual under U.S.

Industry Group No. 523,

(6) those insurance carriers and related activities

defined or classified in the NAICS Manual under

U.S. Industry Group No. 524,

(7) those funds, trusts and other financial vehicles

defined or classified in the NAICS Manual under

U.S. Industry Group No. 525,

(8) those professional, scientific and technical

services defined or classified in the NAICS

Manual under U.S. Industry Group Nos. 5411, 5412,

5413, 5414, 5418 and 5419, and
activities

defined or classified in the NAICS Manual under

U.S. Industry Group No. 524,

(7) those funds, trusts and other financial vehicles

defined or classified in the NAICS Manual under

U.S. Industry Group No. 525,

(8) those professional, scientific and technical

services defined or classified in the NAICS

Manual under U.S. Industry Group Nos. 5411, 5412,

5413, 5414, 5418 and 5419, and

(9) those electronic and precision equipment repair

and maintenance activities defined or classified

in the NAICS Manual under U.S. Industry Group No.

8112;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1456

2. "Establishment" means any business, no matter what legal

form, including, but not limited to, a sole proprietorship,

partnership, corporation, or limited liability corporation;

3. "Estimated direct state benefits" means the tax revenues

projected by the Oklahoma Department of Commerce to accrue to the

state as a result of new direct jobs;

4. “Estimated indirect state benefits” means the indirect new

tax revenues projected by the Oklahoma Department of Commerce to

accrue to the state, including, but not limited to, revenue

generated from ancillary support jobs directly related to the

establishment;

5. "Estimated direct state costs" means the costs projected by

the Department to accrue to the state as a result of new direct

jobs. Such costs shall include, but not be limited to:

a. the costs of education of new state resident children,

b. the costs of public health, public safety and

transportation services to be provided to new state

residents,

c. the costs of other state services to be provided to

new state residents, and

d. the costs of other state services;

6. “Estimated indirect state costs” means the costs projected

by the Department to accrue to the state as a result of new indirect

jobs. Such costs shall include, but not be limited to, costs

enumerated in subparagraphs a, b, c and d of paragraph 5 of this

subsection;

7. "Estimated net direct state benefits" means the estimated

direct state benefits less the estimated direct state costs;

8. “Estimated net direct and indirect state benefits” means the

estimated direct and indirect state benefits less the estimated

direct and indirect state costs;

9. "Full-time employment" means employment of persons residing

in this state and working for thirty (30) hours per week or more in

this state, which has a minimum six-month duration during any

twelve-month period;

10. "Gross taxable payroll" means wages, as defined in Section

2385.1 of Title 68 of the Oklahoma Statutes, for new direct jobs;

11. "Initial net benefit rate" means the estimated net direct

state benefits computed as a percentage of gross payroll; provided:

a. the initial net benefit rate may be variable and shall

not exceed seven percent (7%), and

b. in no event shall incentive payments, cumulatively,

exceed the estimated net direct state benefits; and

12. "Fulfillment net benefit rate" means the estimated net

direct and indirect state benefits computed as a percentage of gross

payroll after the completion of the first twelve (12) quarters or

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1457

until the establishment reaches ten new direct jobs, whichever

occurs first, provided:

a. the fulfillment net benefit rate may be variable and

shall not exceed ten percent (10%), and

b. in no event shall incentive payments, cumulatively,

exceed the estimated net direct and indirect state

benefits; and

13. "New direct job" means full-time employment which did not

exist in this state prior to the date of approval, by the Oklahoma

Department of Commerce, of an application made pursuant to this act.

A job shall be deemed to exist in this state prior to approval of an

application if the activities and functions for which the particular

job exists have been ongoing at anytime within six (6) months prior

to such approval.