Current through Vol. 42, No. 1, September 16, 2024
(a) The base
incentive amount and all Rebate Enhancement percentages set forth in 68 O.S.
§3635 and §3636 are the maximum possible incentive percentage amounts
payable under each specific circumstance. The decision as to whether to offer
an incentive, and how much of an incentive may be offered is made at the
discretion of OFMO.
(b) The actual
rebate percentage approved for a project, if any, is determined by the
Department in a way that achieves the maximum positive impact for the Oklahoma
economy.
(c) In determining the
rebate percentage amount to be approved, if any, pursuant to either 68 O.S.
§3635 or §3636, the Department may consider the following:
(1) Benefits of the project to the State
(including economic impact, industry infrastructure impact, jobs, tourism,
branding, image and follow-on work);
(2) The amount of rebate payments
conditionally prequalified by the Department for the current fiscal year;
(3) Impact on the ability of the
Department to commit funds to additional projects for the current fiscal year;
(4) The amount of incentive
believed to be necessary to win the project.
(d) The incentive percentage to be approved
for a project may be determined at the time of Conditional Pre-Qualification of
the application with the following limitations:
(1) If a project fails to meet the criteria
for a particular Rebate Enhancement for which the project was initially
pre-qualified to receive, the percentage of that specific incentive enhancement
is removed from the total percentage of the incentive offer.
(2) If a project underperforms with regards
to any of the Rebate Enhancement categories from what they projected in the
initial application, the additional incentive amount offered for that category
may be reduced.
(3) If a project
uses fewer apprentices than the amount claimed at the time of Conditional
Pre-Qualification, the base incentive amount may be reduced.
(4) If the Rebate Claim amount is fifteen or
more percent (15%+)lower than the amount for which the Film was pre-qualified,
one percent (1%) of the Rebate amount for which the Film would otherwise be
paid may be reduced due to the reduced economic benefit to the State.
(e) OFMO may utilize a scoring
system to provide guidelines as to the amount of incentive offered for a
project, if any. OFMO may also rank projects to determine which projects should
receive priority in receiving an incentive offer. Any list created by OFMO
ranking projects is not subject to the Open Records Act.
(f) OFMO may prioritize projects on a project
ranking list which meet the following criteria:
(1) Projects which are the second or
subsequent film in a Multi-Film Deal;
(2) Projects which are part of a television
series filmed in Oklahoma where either the series Television Pilot or a
previous Series Season was filmed in Oklahoma
(3) Post-production activity occurring in
Oklahoma on a television series filmed outside of Oklahoma where
post-production activity on either the series Television Pilot or a previous
Series Season had occurred in Oklahoma.
