Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB718 Compare Versions

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29-SENATE FLOOR VERSION
30-February 19, 2025
31-AS AMENDED
53+STATE OF OKLAHOMA
3254
33-SENATE BILL NO. 718 By: Daniels
55+1st Session of the 60th Legislature (2025)
56+
57+SENATE BILL 718 By: Daniels
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39-[ credit against tax - repealers - effective date ]
63+AS INTRODUCED
4064
65+An Act relating to the Oklahoma Capital Investment
66+Board; amending 68 O.S. 2021, Section 2357.7, which
67+relates to credit against tax for investments in
68+qualified venture capital companies; updating
69+statutory language; amending 74 O.S. 2021, Sections
70+85.42 and 3601.1, as last amended by Section 36,
71+Chapter 29, O.S.L. 2023 (74 O.S. Supp. 2024, Section
72+3601.1), which relate to the Oklahoma Central
73+Purchasing Act and the State Employment Review Board;
74+conforming language; updating statutory language;
75+updating statutory reference; repealing 74 O.S. 2021,
76+Sections 5085.1 through 5085.16, which relate to the
77+Oklahoma Capital Investment Board; and providing an
78+effective date.
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4583 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4684 SECTION 1. AMENDATORY 68 O.S. 2021, Section 2357.7, is
4785 amended to read as follows:
4886 Section 2357.7. A. For taxable years beginning aft er December
4987 31, 1986, and before January 1, 2009, there shall be allowed a
5088 credit against the tax imposed by Section 2355 of this title or
5189 Section 624 of Title 36 of the Oklahoma Statutes for investments in
5290 qualified venture capital companies whose purpose is to establish or
5391 expand the development of business and industry within Oklahoma.
54-Provided, tax credits against liabilities imposed pursuant to
55-Section 624 of Title 36 of the Oklahoma Statutes shall be limited to
56-the amount that would otherwise be collected and allocated to the
57-General Revenue Fund of the State Treasury.
58-B. For purposes of this section:
59-1. “Qualified venture capital company ” means a C corporation,
60-as defined by the Internal Revenue Code of 1986, as amended,
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143+Provided, tax credits against liabilities imposed pursuant to
144+Section 624 of Title 36 of the Oklahoma Statutes shall be limited to
145+the amount that would otherwise be coll ected and allocated to the
146+General Revenue Fund of the State Treasury.
147+B. For purposes of this section:
148+1. “Qualified venture capital company ” means a C corporation,
149+as defined by the Internal Revenue Code of 1986, as amended,
88150 incorporated pursuant to th e laws of Oklahoma or a registered
89151 business partnership with a certificate of partnership filed as
90152 required by law if such corporation or partnership is organized to
91153 provide the direct investment of debt and equity funds to companies
92154 within this state, wit h its principal place of business located
93155 within this state and which meets th e following criteria:
94156 a. capitalization of not less than Five Million Dollars
95157 ($5,000,000.00),
96158 b. having a purpose and objective of investing at least
97159 seventy-five percent (75%) of its capitalization in
98160 Oklahoma business ventures. The temporary investment
99161 of funds by a qualified venture capital company in
100162 obligations of the United States, state and municipal
101163 bonds, bank certificates of deposit, or money market
102164 securities pending investment in Oklahoma business
103165 ventures is hereby authorized, and
104-c. investment of not more than ten percent (10%) of its
105-funds in any one company;
106-2. “Oklahoma business venture ” means a business, incorporated
107-or unincorporated, which:
108-a. has or will have, within one hundred eighty (180) days
109-after an investment is made by a qualified venture
110-capital company, at least fifty percent (50%) of its
111-employees or assets located in Oklahoma,
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217+c. investment of not more than ten percent (10%) of its
218+funds in any one company;
219+2. “Oklahoma business venture ” means a business, incorporated
220+or unincorporated, which:
221+a. has or will have, within one hundred eighty (180) days
222+after an investment is made by a qualified venture
223+capital company, at least fifty percent (50%) of its
224+employees or assets located in Oklahoma,
139225 b. needs financial assistance in order to commence or
140226 expand such business which provides or intends to
141227 provide goods or services,
142228 c. is not engaged in oil and gas exploration, real estate
143229 development, real estate sales, retail sales of food
144230 or clothing, farming, ranching, banking, or lending or
145231 investing funds in other busin esses. Provided,
146232 however, businesses which provide or intend to provide
147233 goods or services, including, but not limited to,
148234 goods or services involving new technology, equipment,
149235 or techniques to such businesses listed in this
150236 subparagraph, and investments in the development of
151237 tourism facilities in the form of amusement parks,
152238 entertainment parks, theme parks, golf courses, or
153239 museums shall not be subject to said such prohibition,
154240 and
155-d. expends within eighteen (18) months after the date of
156-the investment at least fifty percent (50%) of the
157-proceeds of the investment for the acquisition of
158-tangible or intangible assets which are used in the
159-active conduct of the trade or business of the
160-Oklahoma business venture or to provide working
161-capital for the active conduct of such trade or
162-business. For purposes of this subparagraph, “working
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292+d. expends within eighteen (18) months after the date of
293+the investment at least fifty percent (50%) of the
294+proceeds of the investment for the acquisition of
295+tangible or intangible assets which are used in the
296+active conduct of the trade or business of the
297+Oklahoma business venture or to provide working
298+capital for the active c onduct of such trade or
299+business. For purposes of this subparagraph, “working
190300 capital” shall not include consulting, brokerage or
191301 transaction fees. Provided, that the Oklahoma Tax
192302 Commission, upon request and demonstration of need by
193303 a qualified venture capital company or an Oklahoma
194304 business venture, may extend the eighteen -month period
195305 otherwise required by this subparagraph for a period
196306 not to exceed six (6) months. Provided, the
197307 expenditure of the invested funds by the Oklahoma
198308 business venture shall otherwise comply with the
199309 requirements applicable to the usage of tax credits
200310 for investment in the Oklahoma business venture. As
201311 used in this subparagraph, “tangible assets” shall
202312 include the acquisition of real property and the
203313 construction of improvem ents upon real property if
204314 such acquisition and construction otherwise complies
205315 with the requirements applicable to the usage of tax
206-credits for investment in the Oklahoma business
207-venture and “intangible assets” shall be limited to
208-computer software, licenses, patents, copyrights, and
209-similar items;
210-3. “Direct investment” means the purchase of securities of a
211-private company, or securities of a public c ompany if the securities
212-constitute a new issue of a public company and such public company
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367+credits for investment in the Oklahoma business
368+venture and “intangible assets” shall be limited to
369+computer software, lice nses, patents, copyrights, and
370+similar items;
371+3. “Direct investment” means the purchase of securities of a
372+private company, or securities of a public company if the securities
373+constitute a new issue of a public company and such public company
240374 had previous year sales of less than Ten Million Dollars
241375 ($10,000,000.00); and
242376 4. “Debt and equity funds ” means investments in debt
243377 securities; including unsecured, undersecured, subordinated or
244378 convertible loans or debt securities; and/or equity securities,
245379 including common and preferred stock, royalty rights, limited
246380 partnership interest, an d any other securities or rights that
247381 evidence ownership in businesses; provided such investment of debt
248382 and equity funds shall not have a repayment schedule that is faster
249383 than a level principal amortization over five (5) years.
250384 C. The credit provided for in subsection A of this section
251385 shall be twenty percent (20%) of the cash amount invested in
252386 qualified venture capital companies which is subsequently invested
253387 in an Oklahoma business venture by the qualified venture capital
254388 company and may only be claim ed for a taxable year during which the
255389 qualified venture capital company makes an investment in an Oklahoma
256390 business venture. The credit shall be allowed for the amount of the
257-investment in an Oklahoma business v enture if the funds are used in
258-pursuit of a legitimate business purpose of the Oklahoma business
259-venture consistent with its organizational instrument, bylaws or
260-other agreement responsible for the governance of the business
261-venture. The qualified venture capital company shall issue such
262-reports as the Oklahoma Tax Commission may require attributing the
263-source of funds of each investment it makes in an Oklahoma business
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442+investment in an Oklahoma business venture if the funds are used in
443+pursuit of a legitimate business purpose of the Oklahoma business
444+venture consistent with its organizational instrument, bylaws or
445+other agreement responsible for the governance of the busi ness
446+venture. The qualified venture capital company shall issue such
447+reports as the Oklahoma Tax Commission may require attributing the
448+source of funds of each investment it makes in an Oklahoma business
291449 venture. The Oklahoma Capital Investment Board sha ll have the
292450 authority to certify an entity as a qualified venture capital
293451 company and to certify an investment to be a qualifying Oklahoma
294452 business venture for purposes of complying with subsection B of this
295453 section. Such certification shall be binding on the Oklahoma Tax
296454 Commission. Such certification shall not be mandatory but m ay be
297455 requested by any entity that desires to be certified. A reasonable
298456 certification fee may be charged by the Oklahoma Capital Investment
299457 Board for this service. If the tax credit allowed pursuant to
300458 subsection A of this section exceeds the amount of taxes due or if
301459 there are no state taxes due of the taxpayer, the amount of the
302460 claim not used as an offset against the taxes of a taxable year may
303461 be carried forward as a credit against subsequent tax liability for
304462 a period not to exceed three (3) years. No investor in a venture
305463 capital company organized after July 1, 1992, may claim tax credits
306464 under the provisions of this section.
307-D. No taxpayer may claim the credit provided for in subsection
308-A of this section for investments in qualified venture capital
309-companies made prior to January 1, 1987.
310-E. No investor whose capital is guaranteed by the Oklahoma
311-Capital Investment Board may claim or transfer the credit provided
312-for in subsection A of this section for investments in such
313-guaranteed portfolio.
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516+D. No taxpayer may claim the credit provided for in subsection
517+A of this section for investments in qualified venture capital
518+companies made prior to January 1, 1987.
519+E. No investor whose capital is guaranteed by the Oklahoma
520+Capital Investment Board may claim or transfer the credit provided
521+for in subsection A of this section for investments in such
522+guaranteed portfolio.
341523 F. The credit provided for in subsection A of this section, to
342524 the extent not previously utilized, shall be freely transferable to
343525 and by subsequent transferees for a period of thr ee (3) years from
344526 the date of investment in the Oklahoma business venture.
345527 G. F. If a pass-through entity is entitled to a credit under
346528 this section, the pass -through entity shall allocate such credit to
347529 one or more of the shareholders, partners or member s of the pass-
348530 through entity; provided, the total of all credits allocated sha ll
349531 not exceed the amount of the credit to which the pass -through entity
350532 is entitled. The credit may also be claimed for funds borrowed by
351533 the pass-through entity to make a quali fied investment if a
352534 shareholder, partner or member to whom the credit is allocated has
353535 an unlimited and continuing legal obligation to repay the borrowed
354536 funds but the allocation may not exceed such shareholder ’s,
355537 partner’s or member’s pro-rata equity share of the pass-through
356538 entity even if the taxpayer ’s legal obligation to repay the borrowed
357539 funds is in excess of such pro -rata share of such borrowed funds.
358-For purposes of this act the Oklahoma Income Tax Act , “pass-through
359-entity” means a corporation that for the applicable tax years is
360-treated as an S corporation under the Internal Revenue Code of 1986,
361-as amended, general partnership, limited partne rship, limited
362-liability partnership, trust or limited liability company that for
363-the applicable tax year is not taxed as a corporation for federal
364-income tax purposes.
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591+For purposes of this act the Oklahoma Income Tax Act , “pass-through
592+entity” means a corporation t hat for the applicable tax years is
593+treated as an S corporation under the Internal Revenue Code of 1986,
594+as amended, general partnership, limited partnership, limited
595+liability partnership, trust or limited liability company that for
596+the applicable tax yea r is not taxed as a corporation for federal
597+income tax purposes.
392598 SECTION 2. AMENDATORY 74 O.S. 2021, Section 85.42, is
393599 amended to read as follows:
394600 Section 85.42. A. 1. Except as otherwise provided for in this
395601 section or other applicable law, any agency, whether or not such
396602 agency is subject to the Oklahoma Central Purchasing Act, is
397603 prohibited from entering into a sole source contract or a contract
398604 for professional services with or for the services of any person ,
399605 who has terminated employment with or who has been terminated by
400606 that agency for one (1) year after the termination date of the
401607 employee from the agency. The provisions of this subsection shall
402608 not prohibit an agency from hiring or rehiring such person as a
403609 state employee.
404610 2. Any chief administrative officer of an agency, whether or
405611 not such agency is subject to the Oklahoma Central Purchasing Act,
406612 shall not enter into any contract for nonprofessional or
407613 professional services for the purpose of or which would result in
408-the circumvention of the full -time equivalent employee limitation
409-established by law for such agency.
410-B. Each contract entered into by any person or fi rm with the
411-State of Oklahoma this state shall include a statement certifying
412-that no person who has been involved in any manner in the
413-development of that contract while employed by the state shall be
414-employed to fulfill any of the services provided for u nder the
415-contract. This subsection shall not preclude faculty and staff of
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665+the circumvention of the full -time equivalent employee limitation
666+established by law for such agency.
667+B. Each contract entered into by any person or firm with the
668+State of Oklahoma this state shall include a statement certifying
669+that no person who has bee n involved in any manner in the
670+development of that contract while employed by the state shall be
671+employed to fulfill any of the services provided for under the
672+contract. This subsection shall not preclude faculty and staff of
443673 the institutions within The Oklahoma State System of Higher
444674 Education from negotiating and participating i n research grants and
445675 educational contracts. Nor shall this subsection apply to Oklahoma
446676 Department of Commerce personnel who contract to provide services to
447677 the Oklahoma Capital Investment Board.
448678 C. As used in this section, person “person” is defined as any
449679 state official or employee of a department, board, bureau,
450680 commission, agency, trusteeship, authority, council, committee,
451681 trust, school district, fair board, court, executi ve office,
452682 advisory group, task force, study group, supported in whole or in
453683 part by public funds or entrusted with the expenditure of public
454684 funds or administering or operating public property, and all
455685 committees, or subcommittees thereof, judges, justice s and state
456686 legislators.
457-D. Notwithstanding anything to the contrary in this section,
458-the following sole source or professional services contracts are
459-allowed at any time:
460-1. A contract for professional services at any time with a
461-person who is a qualified interpreter for the deaf; and
462-2. A contract between a business entity that is a part -time
463-certified court reporter and the Administrative Office of the
464-Courts, on behalf of the district courts, or the Office of the
465-Attorney General.
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738+D. Notwithstanding anything to the contrary in this section,
739+the following sole source or professional services contracts are
740+allowed at any time:
741+1. A contract for professional services at any time with a
742+person who is a qualifi ed interpreter for the deaf; and
743+2. A contract between a business entity that is a part-time
744+certified court reporter and the Administrative Office of the
745+Courts, on behalf of the district courts, or the Office of the
746+Attorney General.
493747 E. Provided the provisions specified in subsection B of this
494748 section are satisfied, the following professional services contracts
495749 are allowed:
496750 1. The Department of Transportation, Oklahoma Water Resources
497751 Board, Department of Environmental Quality, Oklahoma Tourism and
498752 Recreation Department, the Oklahoma Turnpike Authority and the
499753 Oklahoma Department of Agriculture, Food, and Forestry may contract
500754 with a person who has retired from state service;
501755 2. To maintain public health infrastructure and preparedness,
502756 the State Department of Health and city -county health departments
503757 may contract with a physician assistant, registered nurse Registered
504758 Nurse, advanced practice nurse, nurse midwife Nurse-Midwife,
505759 registered dietician, occupational therapist, physical therapist or
506760 speech-language pathologist who has retired from state service; and
507-3. The Department of Mental Health and Substance Abuse Services
508-may contract with a physic ian, registered nurse Registered Nurse,
509-registered pharmacist or person meeting the definition of a licensed
510-mental health professional, as defined in Title 43A of the Oklahoma
511-Statutes, who has separated and/or retired from state service.
512-SECTION 3. AMENDATORY 74 O.S. 2021, Section 3601.1, as
513-last amended by Section 36, Chapter 29, O.S.L. 2023 (74 O.S. Supp.
514-2024, Section 3601.1), is amended to read as follows:
515-Section 3601.1. A. For purposes of Sections 3601.1 through
516-3603 of this title, the term “employee” means a full-time employee
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812+3. The Department of Mental Health and Substance Abuse Services
813+may contract with a physician, registered nurse Registered Nurse,
814+registered pharmacist or person meeting the definition of a lice nsed
815+mental health professional, as defined in Title 43A of the Oklahoma
816+Statutes, who has separated and/or retired from state service.
817+SECTION 3. AMENDATORY 74 O.S. 2021, Section 3601.1, as
818+last amended by Section 36, Chapter 29, O.S.L. 2023 (74 O.S. Supp.
819+2024, Section 3601.1), is amended to read as follo ws:
820+Section 3601.1. A. For purposes of Sections 3601.1 through
821+3603 of this title, the term “employee” means a full-time employee
544822 or any number of part -time employees whose com bined weekly hours of
545823 employment equal those of a full -time employee, but shall not
546824 include temporary employees working on a seasonal basis between May
547825 1 and October 31.
548826 B. Beginning July 1, 2008, the maximum number of full -time-
549827 equivalent employees for e ach of the following agencies, boards,
550828 commissions, departments, or programs s hall not exceed the numbers
551829 specified in this section, except as may be authorized pursuant to
552830 the provisions of Section 3603 of this title.
553831 MAXIMUM NUMBER OF
554832 FULL-TIME-EQUIVALENT
555833 EMPLOYEES
556834 Oklahoma Employment Security Commission 1150
557835 Oklahoma Accountancy Board 11
558-Board of Governors of the Licensed Architects,
559-Landscape Architects and Registered Commercial
560-Licensed Interior Designers of Oklahoma 4
561-Board of Chiropractic Examiners 3
562-State Board of Cosmetology and Barbering 16
563-Board of Dentistry 10
564-Oklahoma Funeral Board 5
565-State Board of Licensure for Professional
566-Engineers and Land Surveyors 10
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887+Board of Governors of the Licensed Architects,
888+Landscape Architects and Registered Commercial
889+Licensed Interior Designers of Oklahoma 4
890+Board of Chiropractic Examiner s 3
891+State Board of Cosmetology and Barbering 16
892+Board of Dentistry 10
893+Oklahoma Funeral Board 5
894+State Board of Licensure for Professional
895+Engineers and Land Surveyors 10
594896 State Board of Medical Licensure and Supervision/
595897 Board of Podiatric Medical Examiners/ State
596898 Board of Examiners of Perfusionists 29
597899 Oklahoma Energy Resources Board 5
598900 Oklahoma New Motor Vehicle Commission 6
599901 Oklahoma Board of Nursing 35
600902 Oklahoma State Board of Examiners for Long -Term
601903 Care Administrators 4
602904 Board of Examiners in Optometry 3
603905 State Board of Osteopathic Examiners 7
604906 State Board of Pharmacy 15
605907 State Board of Examiners of Psychologists 2
606908 Oklahoma Real Estate Commission 26
607909 Board of Examiners for Speech -Language Pathology
608910 and Audiology 2
609-Oklahoma Used Motor Vehicle, Dismantler, and
610-Manufactured Housing Commission 15
611-State Board of Veterinary Medical Examiners 6
612-Oklahoma Firefighters Pension and Retirement
613-System 13
614-Oklahoma Police Pensi on and Retirement System 12
615-Teachers’ Retirement System of Oklahoma 52
616-Oklahoma Public Employees Retirement System 63
617-Oklahoma Student Loan Authority 85
618911
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962+Oklahoma Used Motor Vehicle, Dismantler, and
963+Manufactured Housing Commission 15
964+State Board of Veterinary Medical Examiners 6
965+Oklahoma Firefighters Pension and Retirement
966+System 13
967+Oklahoma Police Pension and Retirement System 12
968+Teachers’ Retirement System of Oklahoma 52
969+Oklahoma Public Employees Retirem ent System 63
970+Oklahoma Student Loan Authority 85
645971 The Oklahoma Industrial Finan ce
646972 Authority/Oklahoma Development Finance
647973 Authority 10
648974 State and Education Employees Group Insurance
649975 Board 178
650976 Oklahoma Capital Investment Board 4
651977 State Board of Licensed Social Workers 1
652978 Oklahoma State Employees Benefits Council 38
653979 Banking Department 46
654980 Liquefied Petroleum Gas Administration 10
655981 C. The duties and compensation of employees, not otherwise
656982 prescribed by law, necessary to perform the duties imposed upon the
657983 Oklahoma Public Employees Retirement System Board of Trustees by law
658984 shall be set by the Board of Trustees.
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6591036 D. Temporary employees of the Oklahoma Used Motor Vehicle,
6601037 Dismantler, and Manufactured Housing Commission between the dates of
6611038 November 1 and January 31 an nually shall not be counted toward the
6621039 maximum number of full -time-equivalent employees provided for in
6631040 this section.
6641041 SECTION 4. REPEALER 74 O.S. 2021, Sections 5085.1
6651042 through 5085.16, are hereby repealed.
6661043 SECTION 5. This act shall become effective November 1, 2025.
667-COMMITTEE REPORT BY: COMMITTEE ON ECONOMIC DEVELOPMENT, WORKFORCE
668-AND TOURISM
669-February 19, 2025 - DO PASS AS AMENDED
1044+
1045+60-1-605 RD 1/15/2025 10:10:53 AM