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SENATE FLOOR VERSION
March 25, 2024
ENGROSSED HOUSE
BILL NO. 3597 By: Hill and Pittman of the
House
and
Paxton of the Senate
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 Economic
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 Executive
Order 2005-27 is hereby recognized by the Legislature as the State's
Workforce Investment Board. The Council succeeded and was
established in lieu of the Oklahoma Workforce Investment Board.
Appointed members of the Council serving under the authority 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 Council shall be to:
1. Guide the development of a comprehensive and coordinated
workforce development system for the state and monitor its
operation; and
2. Review and make recommendations that will align the
workforce system, including education, with the economic development
goals of the state for th e purpose of creating workforce and
economic development systems that are integrated and shall provide
Oklahoma a competitive advantage in a global economy.
B. Membership of the Council shall include representatives of
private employers who reflect Oklaho ma's projected and desired
business and industry base and public officials from agencies which
provide programs and services related to workforce, education and
economic development. All Council members shall be in positions to
influence policy and hiring decisions within their organizations.
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 businesses or other business executives or
employees with optimum policymaking 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 state;
3. State officials shall include incumb ents 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 Security
Commission;
4. Additional members, at the discretion and pleasure of the
Governor, may be appointed representing th e 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 ex pertise and agency
information to the Council. These appointments may include, b ut 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 Public 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 Department of Mental
Health and Substance Abus e 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 Governor for a two -year term beginning October
1, 2005, and may be reap pointed. However, of the initial private
sector members appointed, half shall be appointed for an initial
term of one (1) year beginning October 1, 2005. Private members may
be removed from office for failure to attend three consecutive
Council meetings. The chair of the Council shall be from the
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private sector and shall be appointed by and serve at the pleasure
of the Governor.
D. The Council shall meet at such times and places as it deems
appropriate. Members shall serve without compensation. Counci l
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 members of
the Council shall be reimbursed by their respective houses for
necessary travel expenses incurred in the performance of their
duties as authorized by state law. Remaining Council members shall
also be reimbursed travel expenses related to their service 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 transaction with the
Council.
E. The duties and responsibilities of the Council in the
development, monitoring and aligning of th e workforce system with
economic development shall include, but not be limited to:
1. Performing the duties required of the state governance board
by the federal Workforce Innovation and Opportunity 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 of the
others and thus together build a robust, diversified economy;
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3. Reviewing and evaluating workforce development p rograms
within the state, formulate recommendations to increase their
efficiency and effectiveness, eliminate duplication, and align with
economic goals. Recommendations shall be communicated to the
Governor, Legislature, state and federal government agen cies 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 instit utions which provide
education and training services, government agencies which
coordinate employment and other human resource investment
activities, and Oklahoma business and industry to create a seamless
system to nurture healthy economic development; an d
6. Enhancing rural economic development capability and
capacity, giving particular attention to regional collaboration and
partnering.
F. Activities of the Council shall b e coordinated by the
Secretary of Commerce and directed by the Deputy Secretary o f
Commerce for Workforce Development, or their successors in office or
function. Administrative and staffing support for the Council shall
be coordinated by the Office of Workforce Solutions within the
Department of Commerce Workforce Development .
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G. The State Workforce Partners originally established under
the authority of Executive Order 2005 -27 as the Workforce Solutions
Staff Team is hereby recognized by the Legislature. This
interagency team shall be comprised of executive level staff from
workforce, education and economic development agencies of the state
for the purpose of providing staff support to the Council and to
create efficiencies, eliminate duplication, and eliminate barriers
to jointly providing a service delivery system. Other members ma y
be included on this team as the Governor may deem necessary to
accomplish this goal.
H. The Council shall be supported by funds available to state
agencies pursuant to stat e and federal laws and regulations. Each
member of the Council whose agency qual ifies pursuant to state and
federal law to receive and use such funds shall assist by providing
support and funding of the Council in carrying out the
responsibilities of the Council.
I. The Council shall form a subcommittee on health workforce
whose purpose shall be to inform, coordinate, 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 Subcommittee shall include, but not
be limited to, the following:
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1. Conducting data analysis and preparing reports on health
workforce supply and demand;
2. Research and analysis of state health professional education
and training capacity;
3. Recommend recruitment and retention strategies for areas
determined by the Oklahoma Primary Care Office or the Oklahoma
Office of Rural Health to be areas of hi gh need; and
4. Assessment of health workforce policy, evaluation of impact
on Oklahoma's health system and health 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 create d 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 coordinat e the program by establishing partnerships
with the State Department of Education , the State Regents for Higher
Education, the State Department of Career and Technology Education,
the Oklahoma Board of Private Vocational Schools, the Secretary of
State and business entities throughout the state. The Oklahoma
Office of Workforce Develo pment Oklahoma Employment Security
Commission, serving as the Workforce Innovation and Opportunity Act
designee as established by the Governor in Executive Order 2023 -21,
shall have the official duty to develop and maintain a Work -based
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Learning Program within its jurisdiction to be focused and will
collaborate, specifically related to registered apprenticeships,
with the Oklahoma Department of Career and Technology Education in
its focus on increasing the number of registered apprenticeships and
internship programs, defined as paid and unpaid work experience by
the United States Department 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 calendar year 2020. All partners
participating in the Work-based Learning Program shall be required
to provide their expertise, time and resources as deemed necessary
to advance and sustain the work -based learning goals of Oklahoma
Works to assist with publishing an annual progress report showing
each state agency's steps and accomplishments toward meeting
statewide workforce goals and to network and coordinate with other
public and private entities in an effort to ali gn all state
agencies, boards and commissions and the private business sector in
meeting Oklahoma Works goals.
B. The Work-based Learning Program shall include the 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 number of youth and adults
participating successfully in public and private work -based learning
opportunities;
3. Set standards for equality and fair access to quality work -
based learning experiences for al l Oklahomans, including, but not
limited to, women, out -of-school youth, adults, African Americans,
Hispanics, Native Americans, veterans, individuals with disabilities
and other target populations identified in the federal Workforce
Innovation and Opportu nity 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 multiple aspects of an industry, develop
workplace skills and competencies, assess performance, provide
opportunities for work -based reflection, link appropriate next steps
and see that all aspects are documented and reported and comply with
state and federal labor laws;
5. Convene industry partner s to develop industry -specific
standards for internships in order to aid employers with the
creation of rigorous internship programs; and
6. Prioritize paid work -based learning experiences to 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 is 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 organization or
government organization,
b. the street address of the organization,
c. the name of the primary contact for the 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 applicable,
f. the number and type of work -based learning
opportunities proposed for the year, the estimated
term of each opportunity, the proposed oc cupations,
and estimated number of hours per week of each
opportunity, if availab le,
g. the number and type of work -based learning
opportunities proposed for the year, the estimated
term of each opportunity, the proposed 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 application.
The filing shall be made ele ctronically via the Secretary of
State website.
D. The annual certificate of par ticipation shall be due on the
anniversary date of original registration, as the case may be, until
cancellation of the work -based organization in the Work -based
Learning Program.
E. The Secretary of State shall, at least sixty (60) days
before the anniversary date each year of a participating
organization, cause a notice of renewal of the annual certificate to
be sent to such organization 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 Work -based Learning
Program annual summary, including for each position offered:
1. The number of opportunities posted;
2. The number of opportunities hired;
3. The type of work -based learning opportunities offered (e.g.,
internship, apprenticeship);
4. The Standard Occupational 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 week;
8. Paid or unpaid status;
9. Academic credit awarding inst itution, 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 annual
renewal and pay the annual renewal fee by the anniversary date of
registration shall cease to be a registered organization with the
Governor's Council for Workforce and Economic Development.
G. The Secretary of State shall charge and colle ct the
following fees:
1. For filing the original application, a fee of Fifty Do llars
($50.00) submitted to the 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 pathways efforts,
registered organizations under this program shall recruit
participants by posting job announcements on the state labor market
exchange system. Job announcements shall include the registered
organization number as assigned by the Secretary of State.
I. The Secretary of State sha ll transfer on July 1 of each
fiscal year an amount based on the Governor's Council for Workforce
Development annual budget not to exceed Eight Hundred Fifty Thousand
Dollars ($850,000.00) annually from the Secretary of State revolving
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fund to support the administration of the program and business
registration to help enable the development of the state's talent
pipeline.
SECTION 3. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is he reby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
March 25, 2024 - DO PASS