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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 718 By: Daniels
AS INTRODUCED
An Act relating to the Oklahoma Capital Investment
Board; amending 68 O.S. 2021, Section 2357.7, which
relates to credit against tax for investments in
qualified venture capital companies; updating
statutory language; amending 74 O.S. 2021, Sections
85.42 and 3601.1, as last amended by Section 36,
Chapter 29, O.S.L. 2023 (74 O.S. Supp. 2024, Section
3601.1), which relate to the Oklahoma Central
Purchasing Act and the State Employment Review Board;
conforming language; updating statutory language;
updating statutory reference; repealing 74 O.S. 2021,
Sections 5085.1 through 5085.16, which relate to the
Oklahoma Capital Investment Board; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 2357.7, is
amended to read as follows:
Section 2357.7. A. For taxable years beginning aft er December
31, 1986, and before January 1, 2009, there shall be allowed a
credit against the tax imposed by Section 2355 of this title or
Section 624 of Title 36 of the Oklahoma Statutes for investments in
qualified venture capital companies whose purpose is to establish or
expand the development of business and industry within Oklahoma.
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Provided, tax credits against liabilities imposed pursuant to
Section 624 of Title 36 of the Oklahoma Statutes shall be limited to
the amount that would otherwise be coll ected and allocated to the
General Revenue Fund of the State Treasury.
B. For purposes of this section:
1. “Qualified venture capital company ” means a C corporation,
as defined by the Internal Revenue Code of 1986, as amended,
incorporated pursuant to th e laws of Oklahoma or a registered
business partnership with a certificate of partnership filed as
required by law if such corporation or partnership is organized to
provide the direct investment of debt and equity funds to companies
within this state, wit h its principal place of business located
within this state and which meets th e following criteria:
a. capitalization of not less than Five Million Dollars
($5,000,000.00),
b. having a purpose and objective of investing at least
seventy-five percent (75%) of its capitalization in
Oklahoma business ventures. The temporary investment
of funds by a qualified venture capital company in
obligations of the United States, state and municipal
bonds, bank certificates of deposit, or money market
securities pending investment in Oklahoma business
ventures is hereby authorized, and
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c. investment of not more than ten percent (10%) of its
funds in any one company;
2. “Oklahoma business venture ” means a business, incorporated
or unincorporated, which:
a. has or will have, within one hundred eighty (180) days
after an investment is made by a qualified venture
capital company, at least fifty percent (50%) of its
employees or assets located in Oklahoma,
b. needs financial assistance in order to commence or
expand such business which provides or intends to
provide goods or services,
c. is not engaged in oil and gas exploration, real estate
development, real estate sales, retail sales of food
or clothing, farming, ranching, banking, or lending or
investing funds in other busin esses. Provided,
however, businesses which provide or intend to provide
goods or services, including, but not limited to,
goods or services involving new technology, equipment,
or techniques to such businesses listed in this
subparagraph, and investments in the development of
tourism facilities in the form of amusement parks,
entertainment parks, theme parks, golf courses, or
museums shall not be subject to said such prohibition,
and
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d. expends within eighteen (18) months after the date of
the investment at least fifty percent (50%) of the
proceeds of the investment for the acquisition of
tangible or intangible assets which are used in the
active conduct of the trade or business of the
Oklahoma business venture or to provide working
capital for the active c onduct of such trade or
business. For purposes of this subparagraph, “working
capital” shall not include consulting, brokerage or
transaction fees. Provided, that the Oklahoma Tax
Commission, upon request and demonstration of need by
a qualified venture capital company or an Oklahoma
business venture, may extend the eighteen -month period
otherwise required by this subparagraph for a period
not to exceed six (6) months. Provided, the
expenditure of the invested funds by the Oklahoma
business venture shall otherwise comply with the
requirements applicable to the usage of tax credits
for investment in the Oklahoma business venture. As
used in this subparagraph, “tangible assets” shall
include the acquisition of real property and the
construction of improvem ents upon real property if
such acquisition and construction otherwise complies
with the requirements applicable to the usage of tax
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credits for investment in the Oklahoma business
venture and “intangible assets” shall be limited to
computer software, lice nses, patents, copyrights, and
similar items;
3. “Direct investment” means the purchase of securities of a
private company, or securities of a public company if the securities
constitute a new issue of a public company and such public company
had previous year sales of less than Ten Million Dollars
($10,000,000.00); and
4. “Debt and equity funds ” means investments in debt
securities; including unsecured, undersecured, subordinated or
convertible loans or debt securities; and/or equity securities,
including common and preferred stock, royalty rights, limited
partnership interest, an d any other securities or rights that
evidence ownership in businesses; provided such investment of debt
and equity funds shall not have a repayment schedule that is faster
than a level principal amortization over five (5) years.
C. The credit provided for in subsection A of this section
shall be twenty percent (20%) of the cash amount invested in
qualified venture capital companies which is subsequently invested
in an Oklahoma business venture by the qualified venture capital
company and may only be claim ed for a taxable year during which the
qualified venture capital company makes an investment in an Oklahoma
business venture. The credit shall be allowed for the amount of the
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investment in an Oklahoma business venture if the funds are used in
pursuit of a legitimate business purpose of the Oklahoma business
venture consistent with its organizational instrument, bylaws or
other agreement responsible for the governance of the busi ness
venture. The qualified venture capital company shall issue such
reports as the Oklahoma Tax Commission may require attributing the
source of funds of each investment it makes in an Oklahoma business
venture. The Oklahoma Capital Investment Board sha ll have the
authority to certify an entity as a qualified venture capital
company and to certify an investment to be a qualifying Oklahoma
business venture for purposes of complying with subsection B of this
section. Such certification shall be binding on the Oklahoma Tax
Commission. Such certification shall not be mandatory but m ay be
requested by any entity that desires to be certified. A reasonable
certification fee may be charged by the Oklahoma Capital Investment
Board for this service. If the tax credit allowed pursuant to
subsection A of this section exceeds the amount of taxes due or if
there are no state taxes due of the taxpayer, the amount of the
claim not used as an offset against the taxes of a taxable year may
be carried forward as a credit against subsequent tax liability for
a period not to exceed three (3) years. No investor in a venture
capital company organized after July 1, 1992, may claim tax credits
under the provisions of this section.
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D. No taxpayer may claim the credit provided for in subsection
A of this section for investments in qualified venture capital
companies made prior to January 1, 1987.
E. No investor whose capital is guaranteed by the Oklahoma
Capital Investment Board may claim or transfer the credit provided
for in subsection A of this section for investments in such
guaranteed portfolio.
F. The credit provided for in subsection A of this section, to
the extent not previously utilized, shall be freely transferable to
and by subsequent transferees for a period of thr ee (3) years from
the date of investment in the Oklahoma business venture.
G. F. If a pass-through entity is entitled to a credit under
this section, the pass -through entity shall allocate such credit to
one or more of the shareholders, partners or member s of the pass-
through entity; provided, the total of all credits allocated sha ll
not exceed the amount of the credit to which the pass -through entity
is entitled. The credit may also be claimed for funds borrowed by
the pass-through entity to make a quali fied investment if a
shareholder, partner or member to whom the credit is allocated has
an unlimited and continuing legal obligation to repay the borrowed
funds but the allocation may not exceed such shareholder ’s,
partner’s or member’s pro-rata equity share of the pass-through
entity even if the taxpayer ’s legal obligation to repay the borrowed
funds is in excess of such pro -rata share of such borrowed funds.
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For purposes of this act the Oklahoma Income Tax Act , “pass-through
entity” means a corporation t hat for the applicable tax years is
treated as an S corporation under the Internal Revenue Code of 1986,
as amended, general partnership, limited partnership, limited
liability partnership, trust or limited liability company that for
the applicable tax yea r is not taxed as a corporation for federal
income tax purposes.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 85.42, is
amended to read as follows:
Section 85.42. A. 1. Except as otherwise provided for in this
section or other applicable law, any agency, whether or not such
agency is subject to the Oklahoma Central Purchasing Act, is
prohibited from entering into a sole source contract or a contract
for professional services with or for the services of any person ,
who has terminated employment with or who has been terminated by
that agency for one (1) year after the termination date of the
employee from the agency. The provisions of this subsection shall
not prohibit an agency from hiring or rehiring such person as a
state employee.
2. Any chief administrative officer of an agency, whether or
not such agency is subject to the Oklahoma Central Purchasing Act,
shall not enter into any contract for nonprofessional or
professional services for the purpose of or which would result in
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the circumvention of the full -time equivalent employee limitation
established by law for such agency.
B. Each contract entered into by any person or firm with the
State of Oklahoma this state shall include a statement certifying
that no person who has bee n involved in any manner in the
development of that contract while employed by the state shall be
employed to fulfill any of the services provided for under the
contract. This subsection shall not preclude faculty and staff of
the institutions within The Oklahoma State System of Higher
Education from negotiating and participating i n research grants and
educational contracts. Nor shall this subsection apply to Oklahoma
Department of Commerce personnel who contract to provide services to
the Oklahoma Capital Investment Board.
C. As used in this section, person “person” is defined as any
state official or employee of a department, board, bureau,
commission, agency, trusteeship, authority, council, committee,
trust, school district, fair board, court, executi ve office,
advisory group, task force, study group, supported in whole or in
part by public funds or entrusted with the expenditure of public
funds or administering or operating public property, and all
committees, or subcommittees thereof, judges, justice s and state
legislators.
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D. Notwithstanding anything to the contrary in this section,
the following sole source or professional services contracts are
allowed at any time:
1. A contract for professional services at any time with a
person who is a qualifi ed interpreter for the deaf; and
2. A contract between a business entity that is a part-time
certified court reporter and the Administrative Office of the
Courts, on behalf of the district courts, or the Office of the
Attorney General.
E. Provided the provisions specified in subsection B of this
section are satisfied, the following professional services contracts
are allowed:
1. The Department of Transportation, Oklahoma Water Resources
Board, Department of Environmental Quality, Oklahoma Tourism and
Recreation Department, the Oklahoma Turnpike Authority and the
Oklahoma Department of Agriculture, Food, and Forestry may contract
with a person who has retired from state service;
2. To maintain public health infrastructure and preparedness,
the State Department of Health and city -county health departments
may contract with a physician assistant, registered nurse Registered
Nurse, advanced practice nurse, nurse midwife Nurse-Midwife,
registered dietician, occupational therapist, physical therapist or
speech-language pathologist who has retired from state service; and
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3. The Department of Mental Health and Substance Abuse Services
may contract with a physician, registered nurse Registered Nurse,
registered pharmacist or person meeting the definition of a lice nsed
mental health professional, as defined in Title 43A of the Oklahoma
Statutes, who has separated and/or retired from state service.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 3601.1, as
last amended by Section 36, Chapter 29, O.S.L. 2023 (74 O.S. Supp.
2024, Section 3601.1), is amended to read as follo ws:
Section 3601.1. A. For purposes of Sections 3601.1 through
3603 of this title, the term “employee” means a full-time employee
or any number of part -time employees whose com bined weekly hours of
employment equal those of a full -time employee, but shall not
include temporary employees working on a seasonal basis between May
1 and October 31.
B. Beginning July 1, 2008, the maximum number of full -time-
equivalent employees for e ach of the following agencies, boards,
commissions, departments, or programs s hall not exceed the numbers
specified in this section, except as may be authorized pursuant to
the provisions of Section 3603 of this title.
MAXIMUM NUMBER OF
FULL-TIME-EQUIVALENT
EMPLOYEES
Oklahoma Employment Security Commission 1150
Oklahoma Accountancy Board 11
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Board of Governors of the Licensed Architects,
Landscape Architects and Registered Commercial
Licensed Interior Designers of Oklahoma 4
Board of Chiropractic Examiner s 3
State Board of Cosmetology and Barbering 16
Board of Dentistry 10
Oklahoma Funeral Board 5
State Board of Licensure for Professional
Engineers and Land Surveyors 10
State Board of Medical Licensure and Supervision/
Board of Podiatric Medical Examiners/ State
Board of Examiners of Perfusionists 29
Oklahoma Energy Resources Board 5
Oklahoma New Motor Vehicle Commission 6
Oklahoma Board of Nursing 35
Oklahoma State Board of Examiners for Long -Term
Care Administrators 4
Board of Examiners in Optometry 3
State Board of Osteopathic Examiners 7
State Board of Pharmacy 15
State Board of Examiners of Psychologists 2
Oklahoma Real Estate Commission 26
Board of Examiners for Speech -Language Pathology
and Audiology 2
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Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission 15
State Board of Veterinary Medical Examiners 6
Oklahoma Firefighters Pension and Retirement
System 13
Oklahoma Police Pension and Retirement System 12
Teachers’ Retirement System of Oklahoma 52
Oklahoma Public Employees Retirem ent System 63
Oklahoma Student Loan Authority 85
The Oklahoma Industrial Finan ce
Authority/Oklahoma Development Finance
Authority 10
State and Education Employees Group Insurance
Board 178
Oklahoma Capital Investment Board 4
State Board of Licensed Social Workers 1
Oklahoma State Employees Benefits Council 38
Banking Department 46
Liquefied Petroleum Gas Administration 10
C. The duties and compensation of employees, not otherwise
prescribed by law, necessary to perform the duties imposed upon the
Oklahoma Public Employees Retirement System Board of Trustees by law
shall be set by the Board of Trustees.
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D. Temporary employees of the Oklahoma Used Motor Vehicle,
Dismantler, and Manufactured Housing Commission between the dates of
November 1 and January 31 an nually shall not be counted toward the
maximum number of full -time-equivalent employees provided for in
this section.
SECTION 4. REPEALER 74 O.S. 2021, Sections 5085.1
through 5085.16, are hereby repealed.
SECTION 5. This act shall become effective November 1, 2025.
60-1-605 RD 1/15/2025 10:10:53 AM