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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3597 By: Hill
COMMITTEE SUBSTITUTE
An Act relating to state government; amending 74 O.S.
2021, Sections 5003.10d and 5003.10e, which relate to
the Governor's Council for Workforce and Economi c
Development; modifying reimbursement of travel
expenses; modifying coordination of the Council
activities; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 5003.10d, is
amended to read as follows:
Section 5003.10d A. The Governor's Council for Workforce and
Economic Development established under the authority of Exe cutive
Order 2005-27 is hereby recognized by the Legislature as the St ate's
Workforce Investment Board. The Council succeeded and was
established in lieu of the Oklahoma Workforce Investment Board.
Appointed members of the Council ser ving under the autho rity of
Executive Order 2005-27 when this act becomes effective shall
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continue to serve until their terms have expired and their
successors have been duly appointed.
Pursuant to the federal Workforce Innovation and Opportunity Act,
the purpose of the Counc il shall be to:
1. Guide the development of a comprehensive and coord inated
workforce development system for the state and monitor its
operation; and
2. Review and make recommenda tions that will align the
workforce system, including e ducation, with the e conomic development
goals of the state for the purpose of creating wor kforce and
economic development systems that are integrated and shall provide
Oklahoma a competitive advantage in a global economy.
B. Membership of the Council shal l include representa tives of
private employers who reflect Oklahoma 's projected and desire d
business and industry base and public officials from agencies which
provide programs and services related to workforce, education and
economic development. All Cou ncil members shall b e in positions to
influence policy and hiring decisions within their o rganizations.
Initial appointments to the Council shall conform to the following
described schedule:
1. The membership of the Council shall comply with the federal
requirements of the state investment board;
2. A majority of the Council shall come from described private
sector employers, including owners of businesses, chief executives
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or operating officers of b usinesses or other business executives or
employees with optimum policymaki ng or hiring authority, and who
represent businesses, including small businesses, that provide
employment opportunities that, at a minimum, include high -quality,
work-relevant training and development in in -demand industry sectors
or occupations in this st ate;
3. State officials shall include incumbents or designees of the
following named offices, or their successors in office or function:
a. Governor,
b. two members of the Oklahoma Senate, appointed by the
President Pro Tempore,
c. two members of the Oklahoma House of Representatives,
appointed by the Speaker, and
d. Executive Director of the Oklahoma Department of
Commerce, and
e. Executive Director of the Oklahoma Employment Secur ity
Commission;
4. Additional members, at the discreti on and pleasure of the
Governor, may be appointed representing the needs or interests of
the state economy or specific regional needs; and
5. Ex-officio members, at the discretion and pleasure of the
Governor, may be included to provide expertise and agen cy
information to the Co uncil. These appointments may include, but not
be limited to:
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a. the Secretary of Education,
b. the Secretary of Health and Human Services,
c. the Secretary of Commerce,
d. the Chancellor of the Oklahoma State Regents for
Higher Education,
e. the Director of Career and Technology Education,
f. the State Superintendent of Pu blic Instruction,
g. the Director of the State Department of Rehabilitation
Services,
h. the Director of the Oklahoma Department of
Corrections,
i. the Commissioner of the Oklahoma Depar tment of Mental
Health and Substance Abuse Services,
j. the Director of the Oklahoma Health Care Authority,
and
k. the Native American Liaison.
C. Private sector members shall be appointed by and serve at
the pleasure of the Govern or for a two-year term beginning October
1, 2005, and may be reappointed. However, of the ini tial private
sector members appointed, half shall be appointed for an initial
term of one (1) year beginnin g October 1, 2005. Private members may
be removed from office for failure to a ttend three consecutive
Council meetings. The chair of the Council sh all be from the
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private sector and shall be appointed b y and serve at the pleasure
of the Governor.
D. The Council shall meet at such times and places as it deem s
appropriate. Members shall serve without compensation. Council
members employed by a state agency shall be reimbursed travel
expenses related to their service on the Council as authorized by
state law by their respective state agency. Legislative memb ers of
the Council shall be reimbursed by their respective houses for
necessary travel expense s incurred in the performance of their
duties as authorized by state law. Remaining Council members shall
also be reimbursed travel expenses related to their ser vice on the
Council by the Oklahoma Department of Commerce Employment Security
Commission as authorized by state law. No member of the Council
shall profit, directly or indirectly, from any transactio n with the
Council.
E. The duties and responsibilities of the Council in the
development, monitoring and aligning of the workforce s ystem with
economic development shall include, but not be limited to:
1. Performing the duties required of the state gover nance board
by the federal Workforce Innovation and Opp ortunity Act;
2. Identifying the human resource investment needs of Oklahoma
business and industry, together with those of the citizens of the
state, so that each might respond to and meet the needs o f the
others and thus together build a robust, diversif ied economy;
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3. Reviewing and evaluating workforce development programs
within the state, formulate recommendations to increase their
efficiency and effectiveness, eliminate duplication, and align wit h
economic goals. Recommendations shall be communicate d to the
Governor, Legislature, state and federal government agencies and
appropriate individuals and entities within the private sector;
4. Increasing academic capability and technical skills within
the state workforce and foster lifelong learning among Oklahoma's
citizens;
5. Strengthening collaboration among institutions which provide
education and training services, government agencies which
coordinate employment and other human resource investmen t
activities, and Oklahoma business and industry to cre ate a seamless
system to nurture healthy economic development; and
6. Enhancing rural eco nomic development capability and
capacity, giving particular attention to regional collaboration and
partnering.
F. Activities of the Council shall be coordinated by the
Secretary of Commerce and directed by the Deputy Secretary of
Commerce for Workforce Development, or their successors in office or
function. Administrative and staffing support for the Council sh all
be coordinated by the Office of Workforce Solutions within the
Department of Commerce Workforce Development.
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G. The State Workforce Partners ori ginally established under
the authority of Executive Order 2005 -27 as the Workforce Solutions
Staff Team is hereby recognized by the Legislat ure. This
interagency team shall be comprise d of executive level staff from
workforce, education and economic deve lopment agencies of the state
for the purpose of providing staff support to the Council and to
create efficiencies, eliminate duplication, an d eliminate barriers
to jointly providing a s ervice delivery system. Other members may
be included on this team as the Governor may deem necessar y to
accomplish this goal.
H. The Council shall be supported by funds avail able to state
agencies pursuant to state and federal la ws and regulations. Eac h
member of the Council whose agency qualifies pursuant to state and
federal law to receive and use s uch funds shall assist by providing
support and funding of the Council in ca rrying out the
responsibilities of the Council.
I. The Council shall form a su bcommittee on health workforce
whose purpose shall be to inform, coord inate, and facilitate
statewide efforts to ensure that a well -trained, adequately
distributed, and flexible health workforce is available to meet the
needs of an efficient and effective health care system in Oklahoma.
Duties of the Health Workforce Subcom mittee shall include, but not
be limited to, the following:
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1. Conducting data analysis and preparing repo rts on health
workforce supply and demand;
2. Research and analysis of state h ealth professional education
and training capacity;
3. Recommend recruitment and retention strategie s for areas
determined by the Oklahoma Primary Care Office or the Oklahoma
Office of Rural Health to be areas of high need; and
4. Assessment of health wo rkforce policy, evaluation of impact
on Oklahoma's health system and h ealth outcomes, and developing
health workforce policy recommendations.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 5003.10e, is
amended to read as follows:
Section 5003.10e A. There is hereby created the Work-based
Learning Program. The Governor's Council on Workforce and Economic
Development shall have authority over the program. The Governor's
Council shall coordinate the program by establishing partnershi ps
with the State Department of Education, the State Regents for Highe r
Education, the State Departm ent of Career and Technology Education,
the Oklahoma Board of Private Vocatio nal Schools, the Secretary of
State and business entiti es throughout the state. The Oklahoma
Office of Workforce Development Oklahoma Employment Sec urity
Commission, serving as the Workforce Innovation and Opportunity Act
designee as established by the Go vernor in Executive Order 2023 -21,
shall have the offic ial duty to develop and maintain a Work-based
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Learning Program within i ts jurisdiction to be focused and will
collaborate, specifically related to registered apprenticeships,
with the Oklahoma Departme nt of Career and Technology Education in
its focus on increasing the number of registered apprenticeships and
internship programs, defined as paid an d unpaid work experienc e by
the United States Departm ent of Labor as contained in 20 CFR
681.600, in this state to at least an aggregate of twenty thousand
positions by the end of the ca lendar year 2020. All partners
participating in the Work -based Learning Program shall be req uired
to provide their experti se, time and resources as deemed necessary
to advance and sustain the work-based learning goals of Oklaho ma
Works to assist with publ ishing an annual progress report showing
each state agency's steps and accomplishments toward meeting
statewide workforce g oals and to network and coordinate with other
public and private entities in an effort to align all state
agencies, boards and commis sions and the private business sector in
meeting Oklahoma Works goals.
B. The Work-based Learning Program shall include th e following
components:
1. Coordinate work-based learning opportunities through the
state's labor market and labor exchange systems to connect youth and
adults in public and private sectors;
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2. Work toward increasing the num ber of youth and adults
participating successfully in public and private work -based learning
opportunities;
3. Set standards for equality and fair access to quali ty work-
based learning experiences for all Oklahomans, including, but not
limited to, women, out-of-school youth, adults, A frican Americans,
Hispanics, Native Americans, veteran s, individuals with disabilities
and other target populations identified in the federal Workforce
Innovation and Opportunity Act;
4. Promote quality work-based learning experiences which are
developmentally appropriate, including an orientation for all
parties, identify learning objectives for the term of the
experience, explore mul tiple aspects of an industry, develop
workplace skills and competencie s, assess performance, provide
opportunities for work -based reflection, link appropriate next steps
and see that all aspects are documented and reported and c omply with
state and federal labor laws;
5. Convene industry partners to develop industry -specific
standards for interns hips in order to aid employers with the
creation of rigorous internship programs; an d
6. Prioritize paid work -based learning experiences t o ensure
equity and access.
C. Each organization seeking to be a registered Work -based
Learning Program in Oklahoma shall either:
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1. Be registered as a Work-based Learning Program, such as an
apprenticeship, with the United States Department of Labor ; or
2. File a certificate each year in the Office of the Secretary
of State, which shall confirm such an organization i s an active
participant in Oklahoma's registered Work-based Learning Program.
The certificate to be filed shall include:
a. the name of the business, nonprofit or ganization or
government organization,
b. the street address of the or ganization,
c. the name of the primary contact for th e organization,
d. the electronic mail address for the primary contact of
the registered organization,
e. the registered organization 's North American Industry
Classification System code (NAICS), if appl icable,
f. the number and type of work-based learning
opportunities proposed for the year, the estimated
term of each opportunity, the proposed occupations,
and estimated number of hours per week of each
opportunity, if available,
g. the number and type of work-based learning
opportunities proposed for the y ear, the estimated
term of each opportunity, the propo sed occupations,
and the estimated number of hours per week of each
opportunity, if available,
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h. signed acknowledgement of the application by the
primary contact, and
i. the annual renewal shall be due on the anniversary
date of filing the registration ap plication.
The filing shall be made electronically via the Secretary of
State website.
D. The annual certificate of participation shall be due on th e
anniversary date of o riginal registration, as the c ase may be, until
cancellation of the work -based organization in the Work-based
Learning Program.
E. The Secretary of State shall, a t least sixty (60) days
before the anniversary date each year of a par ticipating
organization, cause a notice of renewal of the annual certificate to
be sent to such organizatio n to its last known electronic mail
address of record filed with the Secretary of State. At the time of
renewal, the organization shall provide a Wo rk-based Learning
Program annual summary, including f or each position offered:
1. The number of opportunit ies posted;
2. The number of opportunities hired;
3. The type of work-based learning opportunities offered (e.g.,
internship, apprenticeship);
4. The Standard Occupation al Classification (SOC) code;
5. The performance evaluation criteria utilized;
6. The term of the position;
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7. The number of hours per w eek;
8. Paid or unpaid status;
9. Academic credit awarding institution, if applicable;
10. Academic hours awarded, if applicable; and
11. The gender, age and ethnicity of hires, if available.
F. A registered organization that fails to file the ann ual
renewal and pay the annu al renewal fee by the anniversary date of
registration shall cease to be a registered organiz ation with the
Governor's Council for Workforce and Economic Development.
G. The Secretary of State shall charge and collect the
following fees:
1. For filing the original application, a fee of Fifty Dollars
($50.00) submitted to t he Secretary of State; and
2. For filing subsequent annual renewals, a fee of Twenty -five
Dollars ($25.00) submitted to the Secretary of State.
H. To coordinate with statewide career p athways efforts,
registered organizations under this program shall rec ruit
participants by posting job announcements on the state labor market
exchange system. Job announcement s shall include the registered
organization number as a ssigned by the Secretary of State.
I. The Secretary of State shall transfer on July 1 of each
fiscal year an amount based on the Governor 's Council for Workforce
Development annual budget not to excee d Eight Hundred Fifty Thousand
Dollars ($850,000.00 ) annually from the Secretar y of State revolving
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fund to support the administration of the program and business
registration to help enable the develop ment of the state's talent
pipeline.
SECTION 3. It being immediately necessary for the prese rvation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
02/14/2024 - DO PASS, As Amended.