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An Act
ENROLLED SENATE
BILL NO. 1990 By: Hall of the Senate
and
Kane of the House
An Act relating to the Incentive Evaluation
Commission; amending 62 O.S. 2021, Section 7005, as
amended by Section 3, Chapter 125, O.S.L. 2023 (62
O.S. Supp. 2025, Section 7005), which relates to the
evaluation process; requiring the Commission to
submit report to the Secretary of State; modifying
required considerations for estimate of economic and
fiscal impact; updating statutory language; and
updating statutory references.
SUBJECT: Incentive Evaluation Commission
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 7005, as
amended by Section 3, Chapter 125, O.S.L. 2023 (62 O.S. Supp. 2025,
Section 7005), is amended to read as follows:
Section 7005. A. The Incentive Evaluation Commission may
contract with a private company, nonprofit, or academic institution
to assist with evaluation of each incentive. The Commission shall
develop a scope of services for a request for proposals issued
pursuant to the Oklahoma Central Purchasing Act, Section 85.1 et
seq. of Title 74 of the Oklahoma Statutes, for professional services
necessary to complete incentive evaluations pursuant to the
Incentive Evaluation Act. The scope of services shall include a
provision requiring the contractor to provide at least one draft
report for each incentive prior to the issuance of the final report;
provided, the contractor may determine the timing and frequency of
ENR. S. B. NO. 1990 Page 2
draft reports based on the availability of information and the
potential for draft reports to assist the Commission in making a
final recommendation. The cost of such contract shall be paid by
the Office of Management and Enterprise Services. No recipient or
potential recipient of an incentive or representative of a recipient
or potential recipient shall contact the entity or individual with
whom the Commission contracts pursuant to this subsection unless the
entity or individual specifically requests information or
documentation for purposes of the incentive evaluation process;
provided, this shall not be construed to prevent participation in a
public hearing conducted pursuant to subsection B of this section.
B. By October 1 of each year beginning in calendar year 2023,
the Commission or the Commission’s chosen contractor shall evaluate
each incentive scheduled for review that year. The Commission or
the Commission’s chosen contractor shall conduct each incentive
evaluation in consultation with the Oklahoma Department of Commerce
division of Policy, Research and Economic Analysis Services Division
using criteria developed pursuant to subsection D of this section.
Between October 1 and November 30 of each year beginning in 2017,
the Commission shall hold at least one public meeting to review,
allow for public comment, and vote to approve, disapprove, or modify
each incentive evaluation conducted that year. By December 15 of
each year beginning in 2016, the Commission shall provide the
results of each incentive evaluation, a review of prior Commission
recommendations, and changes to statute or incentive administration
related to incentive evaluation recommendations in a written report
submitted electronically to the Governor, President Pro Tempore of
the Senate, and Speaker of the House of Representatives, and the
Secretary of State. If the Commission votes to modify an incentive
evaluation as provided in this subsection, such modification and the
original evaluation shall be documented in the annual written report
submitted electronically. The report shall be made publicly
available on the Oklahoma Department of Commerce website, the
Commission website, and documents.ok.gov.
C. Each evaluation shall include the following:
1. An estimate of the economic and fiscal impact of the
incentive. This estimate shall take into account the following
considerations in addition to other relevant factors:
ENR. S. B. NO. 1990 Page 3
a. the extent to which the incentive changes business
behavior, including whether a business receiving the
incentive would likely have taken any action required
to receive the incentive in the absence of such
incentive,
b. the results of the incentive for the economy of
Oklahoma as a whole. This consideration includes both
positive direct and indirect impacts and any negative
effects on other Oklahoma businesses, and
c. a comparison to the results of other incentives or
other economic development strategies with similar
goals both within this state and other states;
2. An assessment of whether adequate protections are in place
to ensure the fiscal impact of the incentive does not increase
substantially beyond the state’s expectations in future years;
3. An assessment of whether the incentive is being administered
effectively;
4. An assessment of whether the incentive is achieving its
goals;
5. Recommendations for how the state can most effectively
achieve the incentive’s goals, including recommendations on whether
the incentive should be retained, reconfigured, or repealed; and
6. Recommendations for any changes to state policy, rules, or
statutes that would allow the incentive to be more easily or
conclusively evaluated in the future. These recommendations may
include changes to collection, reporting, and sharing of data, and
revisions or clarifications to the goal of the incentive;
7. An assessment of whether the incentive furthers a strategic
economic goal or an industry within this state; and
8. An assessment of whether the incentive creates a competitive
advantage for this state by evaluating the overall effectiveness of
the incentive at a macroeconomic level.
ENR. S. B. NO. 1990 Page 4
D. Evaluation criteria shall be developed for each incentive
evaluated by the Commission. Each incentive shall be evaluated
using criteria specific to the individual incentive. The criteria
shall be developed by the Commission through the administrative
rulemaking process pursuant to the Administrative Procedures Act,
Section 250 et seq. of Title 75 of the Oklahoma Statutes, and
codified in the administrative code of the Oklahoma Department of
Commerce.
E. At the request of the Incentive Evaluation Commission,
unless prohibited by the Oklahoma Constitution, Oklahoma Statutes,
or federal law, state agencies shall provide any records,
information, data, or data analysis necessary for the Commission or
contractors to effectively evaluate incentives. The Commission and
contractors shall not disclose or release any data received from
other state agencies, except as permitted under law.
ENR. S. B. NO. 1990 Page 5
Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________