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ENGROSSED HOUSE
BILL NO. 1788 By: Maynard, Williams, Boles,
and Kendrix of the House
and
Bullard of the Senate
[ revenue and tax – terms - contributions – centers –
Oklahoma Department of Human Serv ices –
contributions – information – Oklahoma Tax
Commission – cap – formula – codification –
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 2357.701 of Title 68, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Contribution" means a donation of cash, stock, bonds, or
other marketable securities, or real property ;
2. "Director" means the director of the Oklahoma Department of
Human Services;
3. "Pregnancy resource center " means a nonresidential facility
located in this state:
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a. established and operating primarily to provide
assistance to women and families with crisis
pregnancies or unplanned pregnancies by offering
pregnancy testing, counseling, emotional and material
support, and other similar services or by off ering
services, such as:
(1) prenatal care,
(2) medical and mental health care ,
(3) parenting skills,
(4) drug and alcohol testing and treatment,
(5) child care, and newborn and infant care ,
(6) housing and utilities,
(7) educational services,
(8) food, clothing, and supplies relating to
pregnancy, newborn care, and parenting ,
(9) adoption assistance,
(10) job training and placement,
(11) establishing and promoting responsible paternity ,
(12) ultrasound services,
(13) case management,
(14) domestic abuse protection, and
(15) transportation,
to encourage and assist such women and families in carrying
their pregnancies to term,
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b. where childbirths are not performed,
c. which does not perform, induce, or refer for abortions
and which does not hold itself out a s performing,
inducing, or referring for abortions,
d. which provides direct client servi ces at the facility,
as opposed to merely providing counseling or referral
services by telephone ,
e. which provides its services at no cost to its clients ,
f. when providing medical services, such medical services
must be performed in acc ordance with Oklahoma Statute,
and
g. which is exempt from income taxation pursuant to the
Internal Revenue Code ; and
4. "Taxpayer" means a person, firm , a partner in a firm,
corporation, or a shareholder in an S corporation doing business in
the state and subject to the tax imposed by Section 2355 of Title 68
of the Oklahoma Statutes or an insurance company subject to the tax
imposed by Section 624 or 628 of Title 36 of the Oklahoma St atutes
or other financial instit ution subject to the tax imposed by Section
2370 of Title 68 of the Oklahoma Statutes .
B. For taxable years beginning after December 31, 2023, and
beginning not later than January 1, 2029, there shall be allowed a
credit against the tax imposed pursuant to Section 2355 of Title 68
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of the Oklahoma Statutes in the amount of seventy percent (70%) of
the amount a taxpayer contributed to a pregnancy resource center.
C. A taxpayer shall not be allowed to claim a tax credit in
excess of Fifty Thousand Dollars ($50 ,000.00) per taxable year.
However, any tax credit that cannot be claimed in the taxable year
the contribution was made may be claimed in the next succeeding
taxable year.
D. The credit authorized pursuant to the provisi ons of this
section may not be used to reduce the tax liability of the taxpayer
to less than zero (0). The credit authorized pursuant to the
provisions of this sect ion may not be assigned, transferred, or
sold.
E. Except for any excess credit which is ca rried over pursuant
to subsection C of this section, a taxpayer shall not be allowed to
claim a tax credit unless the total amount of such taxpayer's
contribution or contributions to a pregnancy resource center or
centers in a taxable year has a value of at least One Hundred
Dollars ($100.00).
F. The Director shall determine, at least annuall y, which
facilities in this state ma y be classified as pregnancy resource
centers. The Director may require of a facility seeking to be
classified as a pregnancy reso urce center whatever information wh ich
is reasonably necessary to make such a determinati on. The Director
shall classify a facility as a pregnancy resource center if such
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facility meets the definition set forth in subsection A of this
section. The Director shall establish a procedure by w hich a
taxpayer can determine if a facility has been c lassified as a
pregnancy resource ce nter.
G. Pregnancy resource centers shall be permitted to decline a
contribution from a taxpayer.
H. Each pregnancy resource ce nter shall provide information to
the Director concerning the identity of each taxpayer mak ing a
contribution to the pregnancy resource center who is claiming a tax
credit pursuant to this section and the amount of the contribution.
The Director shall provide the information to the Oklahoma Tax
Commission. The Director shall be subject to the confidentiality
and penalty provisio ns of Section 205 of Title 68 of the Oklahoma
Statutes relating to the disclosure of tax information.
I. For the tax year beginnin g January 1, 2024, and each tax
year thereafter, the total amount of credits authorized by this
section used to offset tax sh all be adjusted annually to limit the
annual amount of credits to Five Million Dollars ($5,000,000.00) .
The Tax Commission shall a nnually calculate and publish by th e first
day of the affected year a percentage by which the credits
authorized by this sect ion shall be reduced so the total amount of
credits used to offset tax does not exceed Five Million Dol lars
($5,000,000.00) per yea r. The formula to be used for the percentage
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adjustment shall be Five Million Dollars ($5,000,000.00) divided by
the credits claimed in the second preceding year.
J. In the event the total tax credits authorized by this
section exceed Five Million Dollar s ($5,000,000.00) in any calendar
year, the Tax Commission shall permit any excess over Five Million
Dollars ($5,000,000.00) but shall factor such excess into the
percentage adjustment formula for subsequent years.
SECTION 2. This act shall become effective January 1 , 2024.
Passed the House of Representatives the 6th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate