Req. No. 1737 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) COMMITTEE SUBSTITUTE FOR SENATE BILL 208 By: Bergstrom COMMITTEE SUBSTITUTE An Act relating to the Oklahoma Center for the Advancement of Science and Technology; amending 74 O.S. 2021, Section 5060.20a, which relates to the development and implementatio n of a technology business financing program; requiring binding commitment to provide certain data for certain time; requiring the Center to provide certain survey; providing for exception; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA: SECTION 1. AMENDATORY 74 O.S. 2021, Section 5060.20a, is amended to read as f ollows: Section 5060.20a. A. The Oklahoma Center for the Advancement of Science and Technology (OCAST), in conjunction with the Commercialization Center, may develop and implement a technology business financing p rogram to provide funding and financing f or and to assist qualified Oklahoma enterprises to commercialize new products, services, technology, innovations, and processes. In order to obtain funding or financing from the technology business Req. No. 1737 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 financing program, a recipient shall be required to obtai n separate private investment or funding , and may also be required to pay royalties, fees, interest , profits, or other payments generated or arising from the sale, lease, licensing, distribution, manufacture, marketing, or development of products, services , technology, innovations, and processes , whether alone or in conjunction with others, or generated or arising from a sale, acquisition, merger, or other transfer or takeover of the enterprise . Any such royalties, fees, interest, profits, or other payment s or return of funding and financing shall be retained for use in the program. OCAST, in conjunction with the Commercialization Center, shall establish program specifications. OCAST may contract with the Commercialization Center or other qualified entity to operate and manage the program. Program funds shall not be used to pay administrative, manageme nt, or operating expenses of OCAST. B. Enterprises that receive funding pursuant to subsection A of this section shall make a binding comm itment to provide data annually through a survey provided by OCAST, in conjunction with the Commercialization Center and the Oklahoma Tax Commission . The binding commitment to provide data shall be for five (5) years or until the repayment amount has been paid, whichever is later. The data required by the survey shall include but not be limited to jobs created, total revenue, total payroll, and avera ge annual wages. The enterprise must also provide the proportion of jobs , total Req. No. 1737 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 revenue, and payroll that is generated in this state. OCAST may provide an exception to the commitment required pursuant to this subsection for certain circumstances that make the providing of data unfeasible, including but not limited to the death of owners or management, dissolution of the enterprise, or abandonment of projects. SECTION 2. This act shall become effective November 1, 2023. 59-1-1737 QD 2/13/2023 4:16:28 PM