| 65 | + | An Act relating to the Oklahoma Capital Investment |
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| 66 | + | Board; amending 68 O.S. 2021, Section 2357.7, which |
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| 67 | + | relates to credit against tax for investments in |
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| 68 | + | qualified venture capital companies; updating |
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| 69 | + | statutory language; amending 74 O.S. 2021, Sections |
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| 70 | + | 85.42 and 3601.1, as last amended by Section 36, |
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| 71 | + | Chapter 29, O.S.L. 2023 (74 O.S. Supp. 2024, Section |
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| 72 | + | 3601.1), which relate to the Oklahoma Central |
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| 73 | + | Purchasing Act and the State Employment Review Board; |
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| 74 | + | conforming language; updating statutory language; |
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| 75 | + | updating statutory reference; repealing 74 O.S. 2021, |
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| 76 | + | Sections 5085.1 through 5085.16, which relate to the |
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| 77 | + | Oklahoma Capital Investment Board; and providing an |
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| 78 | + | effective date. |
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41 | 79 | | |
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42 | 80 | | |
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43 | 81 | | |
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44 | 82 | | |
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45 | 83 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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46 | 84 | | SECTION 1. AMENDATORY 68 O.S. 2021, Section 2357.7, is |
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47 | 85 | | amended to read as follows: |
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48 | 86 | | Section 2357.7. A. For taxable years beginning aft er December |
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49 | 87 | | 31, 1986, and before January 1, 2009, there shall be allowed a |
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50 | 88 | | credit against the tax imposed by Section 2355 of this title or |
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51 | 89 | | Section 624 of Title 36 of the Oklahoma Statutes for investments in |
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52 | 90 | | qualified venture capital companies whose purpose is to establish or |
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53 | 91 | | expand the development of business and industry within Oklahoma. |
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54 | | - | Provided, tax credits against liabilities imposed pursuant to |
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55 | | - | Section 624 of Title 36 of the Oklahoma Statutes shall be limited to |
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56 | | - | the amount that would otherwise be collected and allocated to the |
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57 | | - | General Revenue Fund of the State Treasury. |
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58 | | - | B. For purposes of this section: |
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59 | | - | 1. “Qualified venture capital company ” means a C corporation, |
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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 |
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| 144 | + | Section 624 of Title 36 of the Oklahoma Statutes shall be limited to |
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| 145 | + | the amount that would otherwise be coll ected and allocated to the |
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| 146 | + | General Revenue Fund of the State Treasury. |
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| 147 | + | B. For purposes of this section: |
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| 148 | + | 1. “Qualified venture capital company ” means a C corporation, |
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| 149 | + | as defined by the Internal Revenue Code of 1986, as amended, |
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88 | 150 | | incorporated pursuant to th e laws of Oklahoma or a registered |
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89 | 151 | | business partnership with a certificate of partnership filed as |
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90 | 152 | | required by law if such corporation or partnership is organized to |
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91 | 153 | | provide the direct investment of debt and equity funds to companies |
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92 | 154 | | within this state, wit h its principal place of business located |
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93 | 155 | | within this state and which meets th e following criteria: |
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94 | 156 | | a. capitalization of not less than Five Million Dollars |
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95 | 157 | | ($5,000,000.00), |
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96 | 158 | | b. having a purpose and objective of investing at least |
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97 | 159 | | seventy-five percent (75%) of its capitalization in |
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98 | 160 | | Oklahoma business ventures. The temporary investment |
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99 | 161 | | of funds by a qualified venture capital company in |
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100 | 162 | | obligations of the United States, state and municipal |
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101 | 163 | | bonds, bank certificates of deposit, or money market |
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102 | 164 | | securities pending investment in Oklahoma business |
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103 | 165 | | ventures is hereby authorized, and |
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104 | | - | c. investment of not more than ten percent (10%) of its |
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105 | | - | funds in any one company; |
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106 | | - | 2. “Oklahoma business venture ” means a business, incorporated |
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107 | | - | or unincorporated, which: |
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108 | | - | a. has or will have, within one hundred eighty (180) days |
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109 | | - | after an investment is made by a qualified venture |
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110 | | - | capital company, at least fifty percent (50%) of its |
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111 | | - | employees or assets located in Oklahoma, |
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| 217 | + | c. investment of not more than ten percent (10%) of its |
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| 218 | + | funds in any one company; |
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| 219 | + | 2. “Oklahoma business venture ” means a business, incorporated |
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| 220 | + | or unincorporated, which: |
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| 221 | + | a. has or will have, within one hundred eighty (180) days |
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| 222 | + | after an investment is made by a qualified venture |
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| 223 | + | capital company, at least fifty percent (50%) of its |
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| 224 | + | employees or assets located in Oklahoma, |
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139 | 225 | | b. needs financial assistance in order to commence or |
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140 | 226 | | expand such business which provides or intends to |
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141 | 227 | | provide goods or services, |
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142 | 228 | | c. is not engaged in oil and gas exploration, real estate |
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143 | 229 | | development, real estate sales, retail sales of food |
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144 | 230 | | or clothing, farming, ranching, banking, or lending or |
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145 | 231 | | investing funds in other busin esses. Provided, |
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146 | 232 | | however, businesses which provide or intend to provide |
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147 | 233 | | goods or services, including, but not limited to, |
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148 | 234 | | goods or services involving new technology, equipment, |
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149 | 235 | | or techniques to such businesses listed in this |
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150 | 236 | | subparagraph, and investments in the development of |
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151 | 237 | | tourism facilities in the form of amusement parks, |
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152 | 238 | | entertainment parks, theme parks, golf courses, or |
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153 | 239 | | museums shall not be subject to said such prohibition, |
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154 | 240 | | and |
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155 | | - | d. expends within eighteen (18) months after the date of |
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156 | | - | the investment at least fifty percent (50%) of the |
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157 | | - | proceeds of the investment for the acquisition of |
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158 | | - | tangible or intangible assets which are used in the |
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159 | | - | active conduct of the trade or business of the |
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160 | | - | Oklahoma business venture or to provide working |
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161 | | - | capital for the active conduct of such trade or |
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162 | | - | business. For purposes of this subparagraph, “working |
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| 292 | + | d. expends within eighteen (18) months after the date of |
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| 293 | + | the investment at least fifty percent (50%) of the |
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| 294 | + | proceeds of the investment for the acquisition of |
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| 295 | + | tangible or intangible assets which are used in the |
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| 296 | + | active conduct of the trade or business of the |
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| 297 | + | Oklahoma business venture or to provide working |
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| 298 | + | capital for the active c onduct of such trade or |
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| 299 | + | business. For purposes of this subparagraph, “working |
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190 | 300 | | capital” shall not include consulting, brokerage or |
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191 | 301 | | transaction fees. Provided, that the Oklahoma Tax |
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192 | 302 | | Commission, upon request and demonstration of need by |
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193 | 303 | | a qualified venture capital company or an Oklahoma |
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194 | 304 | | business venture, may extend the eighteen -month period |
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195 | 305 | | otherwise required by this subparagraph for a period |
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196 | 306 | | not to exceed six (6) months. Provided, the |
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197 | 307 | | expenditure of the invested funds by the Oklahoma |
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198 | 308 | | business venture shall otherwise comply with the |
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199 | 309 | | requirements applicable to the usage of tax credits |
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200 | 310 | | for investment in the Oklahoma business venture. As |
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201 | 311 | | used in this subparagraph, “tangible assets” shall |
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202 | 312 | | include the acquisition of real property and the |
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203 | 313 | | construction of improvem ents upon real property if |
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204 | 314 | | such acquisition and construction otherwise complies |
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205 | 315 | | with the requirements applicable to the usage of tax |
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206 | | - | credits for investment in the Oklahoma business |
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207 | | - | venture and “intangible assets” shall be limited to |
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208 | | - | computer software, licenses, patents, copyrights, and |
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209 | | - | similar items; |
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210 | | - | 3. “Direct investment” means the purchase of securities of a |
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211 | | - | private company, or securities of a public c ompany if the securities |
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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 |
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| 368 | + | venture and “intangible assets” shall be limited to |
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| 369 | + | computer software, lice nses, patents, copyrights, and |
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| 370 | + | similar items; |
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| 371 | + | 3. “Direct investment” means the purchase of securities of a |
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| 372 | + | private company, or securities of a public company if the securities |
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| 373 | + | constitute a new issue of a public company and such public company |
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240 | 374 | | had previous year sales of less than Ten Million Dollars |
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241 | 375 | | ($10,000,000.00); and |
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242 | 376 | | 4. “Debt and equity funds ” means investments in debt |
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243 | 377 | | securities; including unsecured, undersecured, subordinated or |
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244 | 378 | | convertible loans or debt securities; and/or equity securities, |
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245 | 379 | | including common and preferred stock, royalty rights, limited |
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246 | 380 | | partnership interest, an d any other securities or rights that |
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247 | 381 | | evidence ownership in businesses; provided such investment of debt |
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248 | 382 | | and equity funds shall not have a repayment schedule that is faster |
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249 | 383 | | than a level principal amortization over five (5) years. |
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250 | 384 | | C. The credit provided for in subsection A of this section |
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251 | 385 | | shall be twenty percent (20%) of the cash amount invested in |
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252 | 386 | | qualified venture capital companies which is subsequently invested |
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253 | 387 | | in an Oklahoma business venture by the qualified venture capital |
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254 | 388 | | company and may only be claim ed for a taxable year during which the |
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255 | 389 | | qualified venture capital company makes an investment in an Oklahoma |
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256 | 390 | | business venture. The credit shall be allowed for the amount of the |
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291 | 449 | | venture. The Oklahoma Capital Investment Board sha ll have the |
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292 | 450 | | authority to certify an entity as a qualified venture capital |
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293 | 451 | | company and to certify an investment to be a qualifying Oklahoma |
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294 | 452 | | business venture for purposes of complying with subsection B of this |
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295 | 453 | | section. Such certification shall be binding on the Oklahoma Tax |
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296 | 454 | | Commission. Such certification shall not be mandatory but m ay be |
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297 | 455 | | requested by any entity that desires to be certified. A reasonable |
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298 | 456 | | certification fee may be charged by the Oklahoma Capital Investment |
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299 | 457 | | Board for this service. If the tax credit allowed pursuant to |
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300 | 458 | | subsection A of this section exceeds the amount of taxes due or if |
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301 | 459 | | there are no state taxes due of the taxpayer, the amount of the |
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302 | 460 | | claim not used as an offset against the taxes of a taxable year may |
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303 | 461 | | be carried forward as a credit against subsequent tax liability for |
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304 | 462 | | a period not to exceed three (3) years. No investor in a venture |
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305 | 463 | | capital company organized after July 1, 1992, may claim tax credits |
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306 | 464 | | under the provisions of this section. |
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341 | 523 | | F. The credit provided for in subsection A of this section, to |
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342 | 524 | | the extent not previously utilized, shall be freely transferable to |
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343 | 525 | | and by subsequent transferees for a period of thr ee (3) years from |
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344 | 526 | | the date of investment in the Oklahoma business venture. |
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345 | 527 | | G. F. If a pass-through entity is entitled to a credit under |
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346 | 528 | | this section, the pass -through entity shall allocate such credit to |
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347 | 529 | | one or more of the shareholders, partners or member s of the pass- |
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348 | 530 | | through entity; provided, the total of all credits allocated sha ll |
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349 | 531 | | not exceed the amount of the credit to which the pass -through entity |
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350 | 532 | | is entitled. The credit may also be claimed for funds borrowed by |
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351 | 533 | | the pass-through entity to make a quali fied investment if a |
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352 | 534 | | shareholder, partner or member to whom the credit is allocated has |
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353 | 535 | | an unlimited and continuing legal obligation to repay the borrowed |
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354 | 536 | | funds but the allocation may not exceed such shareholder ’s, |
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355 | 537 | | partner’s or member’s pro-rata equity share of the pass-through |
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356 | 538 | | entity even if the taxpayer ’s legal obligation to repay the borrowed |
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357 | 539 | | funds is in excess of such pro -rata share of such borrowed funds. |
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358 | | - | For purposes of this act the Oklahoma Income Tax Act , “pass-through |
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359 | | - | entity” means a corporation that for the applicable tax years is |
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360 | | - | treated as an S corporation under the Internal Revenue Code of 1986, |
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361 | | - | as amended, general partnership, limited partne rship, limited |
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362 | | - | liability partnership, trust or limited liability company that for |
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363 | | - | the applicable tax year is not taxed as a corporation for federal |
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364 | | - | income tax purposes. |
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| 591 | + | For purposes of this act the Oklahoma Income Tax Act , “pass-through |
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| 592 | + | entity” means a corporation t hat for the applicable tax years is |
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| 593 | + | treated as an S corporation under the Internal Revenue Code of 1986, |
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| 594 | + | as amended, general partnership, limited partnership, limited |
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| 595 | + | liability partnership, trust or limited liability company that for |
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| 596 | + | the applicable tax yea r is not taxed as a corporation for federal |
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| 597 | + | income tax purposes. |
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392 | 598 | | SECTION 2. AMENDATORY 74 O.S. 2021, Section 85.42, is |
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393 | 599 | | amended to read as follows: |
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394 | 600 | | Section 85.42. A. 1. Except as otherwise provided for in this |
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395 | 601 | | section or other applicable law, any agency, whether or not such |
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396 | 602 | | agency is subject to the Oklahoma Central Purchasing Act, is |
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397 | 603 | | prohibited from entering into a sole source contract or a contract |
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398 | 604 | | for professional services with or for the services of any person , |
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399 | 605 | | who has terminated employment with or who has been terminated by |
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400 | 606 | | that agency for one (1) year after the termination date of the |
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401 | 607 | | employee from the agency. The provisions of this subsection shall |
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402 | 608 | | not prohibit an agency from hiring or rehiring such person as a |
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403 | 609 | | state employee. |
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404 | 610 | | 2. Any chief administrative officer of an agency, whether or |
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405 | 611 | | not such agency is subject to the Oklahoma Central Purchasing Act, |
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406 | 612 | | shall not enter into any contract for nonprofessional or |
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407 | 613 | | professional services for the purpose of or which would result in |
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408 | | - | the circumvention of the full -time equivalent employee limitation |
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409 | | - | established by law for such agency. |
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410 | | - | B. Each contract entered into by any person or fi rm with the |
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411 | | - | State of Oklahoma this state shall include a statement certifying |
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412 | | - | that no person who has been involved in any manner in the |
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413 | | - | development of that contract while employed by the state shall be |
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414 | | - | employed to fulfill any of the services provided for u nder the |
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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 |
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| 666 | + | established by law for such agency. |
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| 667 | + | B. Each contract entered into by any person or firm with the |
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| 668 | + | State of Oklahoma this state shall include a statement certifying |
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| 669 | + | that no person who has bee n involved in any manner in the |
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| 670 | + | development of that contract while employed by the state shall be |
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| 671 | + | employed to fulfill any of the services provided for under the |
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| 672 | + | contract. This subsection shall not preclude faculty and staff of |
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443 | 673 | | the institutions within The Oklahoma State System of Higher |
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444 | 674 | | Education from negotiating and participating i n research grants and |
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445 | 675 | | educational contracts. Nor shall this subsection apply to Oklahoma |
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446 | 676 | | Department of Commerce personnel who contract to provide services to |
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447 | 677 | | the Oklahoma Capital Investment Board. |
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448 | 678 | | C. As used in this section, person “person” is defined as any |
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449 | 679 | | state official or employee of a department, board, bureau, |
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450 | 680 | | commission, agency, trusteeship, authority, council, committee, |
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451 | 681 | | trust, school district, fair board, court, executi ve office, |
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452 | 682 | | advisory group, task force, study group, supported in whole or in |
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453 | 683 | | part by public funds or entrusted with the expenditure of public |
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454 | 684 | | funds or administering or operating public property, and all |
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455 | 685 | | committees, or subcommittees thereof, judges, justice s and state |
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456 | 686 | | legislators. |
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457 | | - | D. Notwithstanding anything to the contrary in this section, |
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458 | | - | the following sole source or professional services contracts are |
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459 | | - | allowed at any time: |
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460 | | - | 1. A contract for professional services at any time with a |
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461 | | - | person who is a qualified interpreter for the deaf; and |
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462 | | - | 2. A contract between a business entity that is a part -time |
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463 | | - | certified court reporter and the Administrative Office of the |
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464 | | - | Courts, on behalf of the district courts, or the Office of the |
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465 | | - | Attorney General. |
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| 738 | + | D. Notwithstanding anything to the contrary in this section, |
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| 739 | + | the following sole source or professional services contracts are |
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| 740 | + | allowed at any time: |
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| 741 | + | 1. A contract for professional services at any time with a |
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| 742 | + | person who is a qualifi ed interpreter for the deaf; and |
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| 743 | + | 2. A contract between a business entity that is a part-time |
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| 744 | + | certified court reporter and the Administrative Office of the |
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| 745 | + | Courts, on behalf of the district courts, or the Office of the |
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| 746 | + | Attorney General. |
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493 | 747 | | E. Provided the provisions specified in subsection B of this |
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494 | 748 | | section are satisfied, the following professional services contracts |
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495 | 749 | | are allowed: |
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496 | 750 | | 1. The Department of Transportation, Oklahoma Water Resources |
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497 | 751 | | Board, Department of Environmental Quality, Oklahoma Tourism and |
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498 | 752 | | Recreation Department, the Oklahoma Turnpike Authority and the |
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499 | 753 | | Oklahoma Department of Agriculture, Food, and Forestry may contract |
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500 | 754 | | with a person who has retired from state service; |
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501 | 755 | | 2. To maintain public health infrastructure and preparedness, |
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502 | 756 | | the State Department of Health and city -county health departments |
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503 | 757 | | may contract with a physician assistant, registered nurse Registered |
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504 | 758 | | Nurse, advanced practice nurse, nurse midwife Nurse-Midwife, |
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505 | 759 | | registered dietician, occupational therapist, physical therapist or |
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506 | 760 | | speech-language pathologist who has retired from state service; and |
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507 | | - | 3. The Department of Mental Health and Substance Abuse Services |
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508 | | - | may contract with a physic ian, registered nurse Registered Nurse, |
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509 | | - | registered pharmacist or person meeting the definition of a licensed |
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510 | | - | mental health professional, as defined in Title 43A of the Oklahoma |
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511 | | - | Statutes, who has separated and/or retired from state service. |
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512 | | - | SECTION 3. AMENDATORY 74 O.S. 2021, Section 3601.1, as |
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513 | | - | last amended by Section 36, Chapter 29, O.S.L. 2023 (74 O.S. Supp. |
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514 | | - | 2024, Section 3601.1), is amended to read as follows: |
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515 | | - | Section 3601.1. A. For purposes of Sections 3601.1 through |
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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 |
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| 813 | + | may contract with a physician, registered nurse Registered Nurse, |
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| 814 | + | registered pharmacist or person meeting the definition of a lice nsed |
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| 815 | + | mental health professional, as defined in Title 43A of the Oklahoma |
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| 816 | + | Statutes, who has separated and/or retired from state service. |
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| 817 | + | SECTION 3. AMENDATORY 74 O.S. 2021, Section 3601.1, as |
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| 818 | + | last amended by Section 36, Chapter 29, O.S.L. 2023 (74 O.S. Supp. |
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| 819 | + | 2024, Section 3601.1), is amended to read as follo ws: |
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| 820 | + | Section 3601.1. A. For purposes of Sections 3601.1 through |
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| 821 | + | 3603 of this title, the term “employee” means a full-time employee |
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544 | 822 | | or any number of part -time employees whose com bined weekly hours of |
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545 | 823 | | employment equal those of a full -time employee, but shall not |
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546 | 824 | | include temporary employees working on a seasonal basis between May |
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547 | 825 | | 1 and October 31. |
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548 | 826 | | B. Beginning July 1, 2008, the maximum number of full -time- |
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549 | 827 | | equivalent employees for e ach of the following agencies, boards, |
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550 | 828 | | commissions, departments, or programs s hall not exceed the numbers |
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551 | 829 | | specified in this section, except as may be authorized pursuant to |
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552 | 830 | | the provisions of Section 3603 of this title. |
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553 | 831 | | MAXIMUM NUMBER OF |
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554 | 832 | | FULL-TIME-EQUIVALENT |
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555 | 833 | | EMPLOYEES |
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556 | 834 | | Oklahoma Employment Security Commission 1150 |
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557 | 835 | | Oklahoma Accountancy Board 11 |
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594 | 896 | | State Board of Medical Licensure and Supervision/ |
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595 | 897 | | Board of Podiatric Medical Examiners/ State |
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596 | 898 | | Board of Examiners of Perfusionists 29 |
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597 | 899 | | Oklahoma Energy Resources Board 5 |
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598 | 900 | | Oklahoma New Motor Vehicle Commission 6 |
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599 | 901 | | Oklahoma Board of Nursing 35 |
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600 | 902 | | Oklahoma State Board of Examiners for Long -Term |
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601 | 903 | | Care Administrators 4 |
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602 | 904 | | Board of Examiners in Optometry 3 |
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603 | 905 | | State Board of Osteopathic Examiners 7 |
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604 | 906 | | State Board of Pharmacy 15 |
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605 | 907 | | State Board of Examiners of Psychologists 2 |
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606 | 908 | | Oklahoma Real Estate Commission 26 |
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607 | 909 | | Board of Examiners for Speech -Language Pathology |
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608 | 910 | | and Audiology 2 |
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609 | | - | Oklahoma Used Motor Vehicle, Dismantler, and |
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610 | | - | Manufactured Housing Commission 15 |
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611 | | - | State Board of Veterinary Medical Examiners 6 |
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612 | | - | Oklahoma Firefighters Pension and Retirement |
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613 | | - | System 13 |
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614 | | - | Oklahoma Police Pensi on and Retirement System 12 |
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615 | | - | Teachers’ Retirement System of Oklahoma 52 |
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616 | | - | Oklahoma Public Employees Retirement System 63 |
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617 | | - | Oklahoma Student Loan Authority 85 |
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| 962 | + | Oklahoma Used Motor Vehicle, Dismantler, and |
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| 963 | + | Manufactured Housing Commission 15 |
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| 964 | + | State Board of Veterinary Medical Examiners 6 |
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| 965 | + | Oklahoma Firefighters Pension and Retirement |
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| 966 | + | System 13 |
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| 967 | + | Oklahoma Police Pension and Retirement System 12 |
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| 968 | + | Teachers’ Retirement System of Oklahoma 52 |
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| 969 | + | Oklahoma Public Employees Retirem ent System 63 |
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| 970 | + | Oklahoma Student Loan Authority 85 |
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645 | 971 | | The Oklahoma Industrial Finan ce |
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646 | 972 | | Authority/Oklahoma Development Finance |
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647 | 973 | | Authority 10 |
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648 | 974 | | State and Education Employees Group Insurance |
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649 | 975 | | Board 178 |
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650 | 976 | | Oklahoma Capital Investment Board 4 |
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651 | 977 | | State Board of Licensed Social Workers 1 |
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652 | 978 | | Oklahoma State Employees Benefits Council 38 |
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653 | 979 | | Banking Department 46 |
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654 | 980 | | Liquefied Petroleum Gas Administration 10 |
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655 | 981 | | C. The duties and compensation of employees, not otherwise |
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656 | 982 | | prescribed by law, necessary to perform the duties imposed upon the |
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657 | 983 | | Oklahoma Public Employees Retirement System Board of Trustees by law |
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658 | 984 | | shall be set by the Board of Trustees. |
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659 | 1036 | | D. Temporary employees of the Oklahoma Used Motor Vehicle, |
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660 | 1037 | | Dismantler, and Manufactured Housing Commission between the dates of |
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661 | 1038 | | November 1 and January 31 an nually shall not be counted toward the |
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662 | 1039 | | maximum number of full -time-equivalent employees provided for in |
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663 | 1040 | | this section. |
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664 | 1041 | | SECTION 4. REPEALER 74 O.S. 2021, Sections 5085.1 |
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665 | 1042 | | through 5085.16, are hereby repealed. |
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666 | 1043 | | SECTION 5. This act shall become effective November 1, 2025. |
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