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3 | 34 | BILL NO. 3597 By: Hill and Pittman of the | |
4 | 35 | House | |
5 | 36 | ||
6 | 37 | and | |
7 | 38 | ||
8 | 39 | Paxton of the Senate | |
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13 | 45 | An Act relating to state government; amending 74 O.S. | |
14 | 46 | 2021, Sections 5003.10d and 5003.10e, which relate to | |
15 | 47 | the Governor's Council for Workforce and Economic | |
16 | 48 | Development; modifying reimbursement of travel | |
17 | - | expenses; modifying coordination of the Council | |
49 | + | expenses; modifying coordination of the Council | |
18 | 50 | activities; and declaring an emergency. | |
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23 | - | SUBJECT: State government | |
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25 | 55 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
26 | - | ||
27 | 56 | SECTION 1. AMENDATORY 74 O.S. 2021, Section 5003.10d, is | |
28 | 57 | amended to read as follows: | |
29 | - | ||
30 | 58 | Section 5003.10d A. The Governor's Council for Workforce and | |
31 | 59 | Economic Development established under the authority of Executive | |
32 | 60 | Order 2005-27 is hereby recognized by the Legislature as the State's | |
33 | 61 | Workforce Investment Board. The Council succeeded and was | |
34 | 62 | established in lieu of the Oklahoma Workforce Investment Board. | |
35 | 63 | Appointed members of the Council serving under the authority of | |
36 | 64 | Executive Order 2005 -27 when this act becomes effective shall | |
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37 | 92 | continue to serve until their terms have expired and their | |
38 | 93 | successors have been duly appointed. | |
39 | - | ||
40 | 94 | Pursuant to the federal Workforce Innovation and Opportunity Act, | |
41 | 95 | the purpose of the Council shall be to: | |
42 | - | ||
43 | 96 | 1. Guide the development of a comprehensive and coordinated | |
44 | 97 | workforce development system for the state and monitor its | |
45 | 98 | operation; and | |
46 | - | ENR. H. B. NO. 3597 Page 2 | |
47 | 99 | 2. Review and make recommendations that will align the | |
48 | 100 | workforce system, including education, with the economic development | |
49 | 101 | goals of the state for th e purpose of creating workforce and | |
50 | 102 | economic development systems that are integrated and shall provide | |
51 | 103 | Oklahoma a competitive advantage in a global economy. | |
52 | - | ||
53 | 104 | B. Membership of the Council shall include representatives of | |
54 | 105 | private employers who reflect Oklaho ma's projected and desired | |
55 | 106 | business and industry base and public officials from agencies which | |
56 | 107 | provide programs and services related to workforce, education and | |
57 | 108 | economic development. All Council members shall be in positions to | |
58 | 109 | influence policy and hiring decisions within their organizations. | |
59 | 110 | Initial appointments to the Council shall conform to the following | |
60 | 111 | described schedule: | |
61 | - | ||
62 | 112 | 1. The membership of the Council shall comply with the federal | |
63 | 113 | requirements of the state investment board; | |
64 | - | ||
65 | 114 | 2. A majority of the Council shall come from described private | |
66 | 115 | sector employers, including owners of businesses, chief executives | |
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67 | 143 | or operating officers of businesses or other business executives or | |
68 | 144 | employees with optimum policymaking or hiring authority, and who | |
69 | 145 | represent businesses, including small businesses, that provide | |
70 | 146 | employment opportunities that, at a minimum, include high -quality, | |
71 | 147 | work-relevant training and development in in -demand industry sectors | |
72 | 148 | or occupations in this state; | |
73 | - | ||
74 | 149 | 3. State officials shall include incumb ents or designees of the | |
75 | 150 | following named offices, or their successors in office or function: | |
76 | - | ||
77 | 151 | a. Governor, | |
78 | - | ||
79 | 152 | b. two members of the Oklahoma Senate, appointed by the | |
80 | 153 | President Pro Tempore, | |
81 | - | ||
82 | 154 | c. two members of the Oklahoma House of Representatives, | |
83 | 155 | appointed by the Speaker, and | |
84 | - | ||
85 | 156 | d. Executive Director of the Oklahoma Department of | |
86 | 157 | Commerce, and | |
87 | - | ||
88 | 158 | e. Executive Director of the Oklahoma Employment Security | |
89 | 159 | Commission; | |
90 | - | ENR. H. B. NO. 3597 Page 3 | |
91 | 160 | 4. Additional members, at the discretion and pleasure of the | |
92 | 161 | Governor, may be appointed representing th e needs or interests of | |
93 | 162 | the state economy or specific regional needs; and | |
94 | - | ||
95 | 163 | 5. Ex-officio members, at the discretion and pleasure of the | |
96 | 164 | Governor, may be included to provide ex pertise and agency | |
97 | 165 | information to the Council. These appointments may include, b ut not | |
98 | 166 | be limited to: | |
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100 | 194 | a. the Secretary of Education, | |
101 | - | ||
102 | 195 | b. the Secretary of Health and Human Services, | |
103 | - | ||
104 | 196 | c. the Secretary of Commerce, | |
105 | - | ||
106 | 197 | d. the Chancellor of the Oklahoma State Regents for | |
107 | 198 | Higher Education, | |
108 | - | ||
109 | 199 | e. the Director of Career and Technology Education, | |
110 | - | ||
111 | 200 | f. the State Superintendent of Public Instruction, | |
112 | - | ||
113 | 201 | g. the Director of the State Department of Rehabilitation | |
114 | 202 | Services, | |
115 | - | ||
116 | 203 | h. the Director of the Oklahoma Department of | |
117 | 204 | Corrections, | |
118 | - | ||
119 | 205 | i. the Commissioner of the Oklahoma Department of Mental | |
120 | 206 | Health and Substance Abus e Services, | |
121 | - | ||
122 | 207 | j. the Director of the Oklahoma Health Care Authority, | |
123 | 208 | and | |
124 | - | ||
125 | 209 | k. the Native American Liaison. | |
126 | - | ||
127 | 210 | C. Private sector members shall be appointed by and serve at | |
128 | 211 | the pleasure of the Governor for a two -year term beginning October | |
129 | 212 | 1, 2005, and may be reap pointed. However, of the initial private | |
130 | 213 | sector members appointed, half shall be appointed for an initial | |
131 | 214 | term of one (1) year beginning October 1, 2005. Private members may | |
132 | 215 | be removed from office for failure to attend three consecutive | |
133 | 216 | Council meetings. The chair of the Council shall be from the | |
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134 | 244 | private sector and shall be appointed by and serve at the pleasure | |
135 | - | of the Governor. ENR. H. B. NO. 3597 Page 4 | |
136 | - | ||
245 | + | of the Governor. | |
137 | 246 | D. The Council shall meet at such times and places as it deems | |
138 | 247 | appropriate. Members shall serve without compensation. Counci l | |
139 | 248 | members employed by a state agency shall be reimbursed travel | |
140 | 249 | expenses related to their service on the Council as authorized by | |
141 | 250 | state law by their respective state agency. Legislative members of | |
142 | 251 | the Council shall be reimbursed by their respective houses for | |
143 | 252 | necessary travel expenses incurred in the performance of their | |
144 | 253 | duties as authorized by state law. Remaining Council members shall | |
145 | 254 | also be reimbursed travel expenses related to their service on the | |
146 | 255 | Council by the Oklahoma Department of Commerce Employment Security | |
147 | 256 | Commission as authorized by state law. No member of the Council | |
148 | 257 | shall profit, directly or indirectly, from any transaction with the | |
149 | 258 | Council. | |
150 | - | ||
151 | 259 | E. The duties and responsibilities of the Council in the | |
152 | 260 | development, monitoring and aligning of th e workforce system with | |
153 | 261 | economic development shall include, but not be limited to: | |
154 | - | ||
155 | 262 | 1. Performing the duties required of the state governance board | |
156 | 263 | by the federal Workforce Innovation and Opportunity Act; | |
157 | - | ||
158 | 264 | 2. Identifying the human resource investment needs of Oklahoma | |
159 | 265 | business and industry, together with those of the citizens of the | |
160 | 266 | state, so that each might respond to and meet the needs of the | |
161 | 267 | others and thus together build a robust, diversified economy; | |
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162 | 294 | ||
163 | 295 | 3. Reviewing and evaluating workforce development p rograms | |
164 | 296 | within the state, formulate recommendations to increase their | |
165 | 297 | efficiency and effectiveness, eliminate duplication, and align with | |
166 | 298 | economic goals. Recommendations shall be communicated to the | |
167 | 299 | Governor, Legislature, state and federal government agen cies and | |
168 | 300 | appropriate individuals and entities within the private sector; | |
169 | - | ||
170 | 301 | 4. Increasing academic capability and technical skills within | |
171 | 302 | the state workforce and foster lifelong learning among Oklahoma's | |
172 | 303 | citizens; | |
173 | - | ||
174 | 304 | 5. Strengthening collaboration among instit utions which provide | |
175 | 305 | education and training services, government agencies which | |
176 | 306 | coordinate employment and other human resource investment | |
177 | 307 | activities, and Oklahoma business and industry to create a seamless | |
178 | 308 | system to nurture healthy economic development; an d | |
179 | - | ENR. H. B. NO. 3597 Page 5 | |
180 | 309 | 6. Enhancing rural economic development capability and | |
181 | 310 | capacity, giving particular attention to regional collaboration and | |
182 | 311 | partnering. | |
183 | - | ||
184 | 312 | F. Activities of the Council shall b e coordinated by the | |
185 | 313 | Secretary of Commerce and directed by the Deputy Secretary o f | |
186 | 314 | Commerce for Workforce Development, or their successors in office or | |
187 | 315 | function. Administrative and staffing support for the Council shall | |
188 | 316 | be coordinated by the Office of Workforce Solutions within the | |
189 | 317 | Department of Commerce Workforce Development . | |
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190 | 344 | ||
191 | 345 | G. The State Workforce Partners originally established under | |
192 | 346 | the authority of Executive Order 2005 -27 as the Workforce Solutions | |
193 | 347 | Staff Team is hereby recognized by the Legislature. This | |
194 | 348 | interagency team shall be comprised of executive level staff from | |
195 | 349 | workforce, education and economic development agencies of the state | |
196 | 350 | for the purpose of providing staff support to the Council and to | |
197 | 351 | create efficiencies, eliminate duplication, and eliminate barriers | |
198 | 352 | to jointly providing a service delivery system. Other members ma y | |
199 | 353 | be included on this team as the Governor may deem necessary to | |
200 | 354 | accomplish this goal. | |
201 | - | ||
202 | 355 | H. The Council shall be supported by funds available to state | |
203 | 356 | agencies pursuant to stat e and federal laws and regulations. Each | |
204 | 357 | member of the Council whose agency qual ifies pursuant to state and | |
205 | 358 | federal law to receive and use such funds shall assist by providing | |
206 | 359 | support and funding of the Council in carrying out the | |
207 | 360 | responsibilities of the Council. | |
208 | - | ||
209 | 361 | I. The Council shall form a subcommittee on health workforce | |
210 | 362 | whose purpose shall be to inform, coordinate, and facilitate | |
211 | 363 | statewide efforts to ensure that a well -trained, adequately | |
212 | 364 | distributed, and flexible health workforce is available to meet the | |
213 | 365 | needs of an efficient and effective health care system in Oklahoma. | |
214 | 366 | Duties of the Health Workforce Subcommittee shall include, but not | |
215 | 367 | be limited to, the following: | |
216 | 368 | ||
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217 | 395 | 1. Conducting data analysis and preparing reports on health | |
218 | 396 | workforce supply and demand; | |
219 | - | ||
220 | 397 | 2. Research and analysis of state health professional education | |
221 | 398 | and training capacity; | |
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223 | 399 | 3. Recommend recruitment and retention strategies for areas | |
224 | 400 | determined by the Oklahoma Primary Care Office or the Oklahoma | |
225 | 401 | Office of Rural Health to be areas of hi gh need; and | |
226 | - | ||
227 | 402 | 4. Assessment of health workforce policy, evaluation of impact | |
228 | 403 | on Oklahoma's health system and health outcomes, and developing | |
229 | 404 | health workforce policy recommendations. | |
230 | - | ||
231 | 405 | SECTION 2. AMENDATORY 74 O.S. 2021, Section 5003.10e, is | |
232 | 406 | amended to read as follows: | |
233 | - | ||
234 | 407 | Section 5003.10e A. There is hereby create d the Work-based | |
235 | 408 | Learning Program. The Governor's Council on Workforce and Economic | |
236 | 409 | Development shall have authority over the program. The Governor's | |
237 | 410 | Council shall coordinat e the program by establishing partnerships | |
238 | 411 | with the State Department of Education , the State Regents for Higher | |
239 | 412 | Education, the State Department of Career and Technology Education, | |
240 | 413 | the Oklahoma Board of Private Vocational Schools, the Secretary of | |
241 | 414 | State and business entities throughout the state. The Oklahoma | |
242 | 415 | Office of Workforce Develo pment Oklahoma Employment Security | |
243 | 416 | Commission, serving as the Workforce Innovation and Opportunity Act | |
244 | 417 | designee as established by the Governor in Executive Order 2023 -21, | |
245 | 418 | shall have the official duty to develop and maintain a Work -based | |
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246 | 446 | Learning Program within its jurisdiction to be focused and will | |
247 | 447 | collaborate, specifically related to registered apprenticeships, | |
248 | 448 | with the Oklahoma Department of Career and Technology Education in | |
249 | 449 | its focus on increasing the number of registered apprenticeships and | |
250 | 450 | internship programs, defined as paid and unpaid work experience by | |
251 | 451 | the United States Department of Labor as contained in 20 CFR | |
252 | 452 | 681.600, in this state to at least an aggregate of twenty thousand | |
253 | 453 | positions by the end of the calendar year 2020. All partners | |
254 | 454 | participating in the Work-based Learning Program shall be required | |
255 | 455 | to provide their expertise, time and resources as deemed necessary | |
256 | 456 | to advance and sustain the work -based learning goals of Oklahoma | |
257 | 457 | Works to assist with publishing an annual progress report showing | |
258 | 458 | each state agency's steps and accomplishments toward meeting | |
259 | 459 | statewide workforce goals and to network and coordinate with other | |
260 | 460 | public and private entities in an effort to ali gn all state | |
261 | 461 | agencies, boards and commissions and the private business sector in | |
262 | 462 | meeting Oklahoma Works goals. | |
263 | - | ||
264 | 463 | B. The Work-based Learning Program shall include the following | |
265 | 464 | components: | |
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267 | 465 | 1. Coordinate work-based learning opportunities through the | |
268 | 466 | state's labor market and labor exchange systems to connect youth and | |
269 | 467 | adults in public and private sectors; | |
270 | 468 | ||
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271 | 495 | 2. Work toward increasing the number of youth and adults | |
272 | 496 | participating successfully in public and private work -based learning | |
273 | 497 | opportunities; | |
274 | - | ||
275 | 498 | 3. Set standards for equality and fair access to quality work - | |
276 | 499 | based learning experiences for al l Oklahomans, including, but not | |
277 | 500 | limited to, women, out -of-school youth, adults, African Americans, | |
278 | 501 | Hispanics, Native Americans, veterans, individuals with disabilities | |
279 | 502 | and other target populations identified in the federal Workforce | |
280 | 503 | Innovation and Opportu nity Act; | |
281 | - | ||
282 | 504 | 4. Promote quality work -based learning experiences which are | |
283 | 505 | developmentally appropriate, including an orientation for all | |
284 | 506 | parties, identify learning objectives for the term of the | |
285 | 507 | experience, explore multiple aspects of an industry, develop | |
286 | 508 | workplace skills and competencies, assess performance, provide | |
287 | 509 | opportunities for work -based reflection, link appropriate next steps | |
288 | 510 | and see that all aspects are documented and reported and comply with | |
289 | 511 | state and federal labor laws; | |
290 | - | ||
291 | 512 | 5. Convene industry partner s to develop industry -specific | |
292 | 513 | standards for internships in order to aid employers with the | |
293 | 514 | creation of rigorous internship programs; and | |
294 | - | ||
295 | 515 | 6. Prioritize paid work -based learning experiences to ensure | |
296 | 516 | equity and access. | |
297 | - | ||
298 | 517 | C. Each organization seeking to be a registered Work-based | |
299 | 518 | Learning Program in Oklahoma shall either: | |
300 | 519 | ||
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301 | 546 | 1. Be registered as a Work -based Learning Program, such as an | |
302 | 547 | apprenticeship, with the United States Department of Labor; or | |
303 | - | ||
304 | 548 | 2. File a certificate each year in the Office of the Secretary | |
305 | 549 | of State, which shall confirm such an organization is an active | |
306 | 550 | participant in Oklahoma's registered Work -based Learning Program. | |
307 | 551 | The certificate to be filed shall include: | |
308 | - | ||
309 | 552 | a. the name of the business, nonprofit organization or | |
310 | 553 | government organization, | |
311 | - | ENR. H. B. NO. 3597 Page 8 | |
312 | 554 | b. the street address of the organization, | |
313 | - | ||
314 | 555 | c. the name of the primary contact for the organization, | |
315 | - | ||
316 | 556 | d. the electronic mail address for the primary contact of | |
317 | 557 | the registered organization, | |
318 | - | ||
319 | 558 | e. the registered organization's North American Industry | |
320 | 559 | Classification System code (NAICS), if applicable, | |
321 | - | ||
322 | 560 | f. the number and type of work -based learning | |
323 | 561 | opportunities proposed for the year, the estimated | |
324 | 562 | term of each opportunity, the proposed oc cupations, | |
325 | 563 | and estimated number of hours per week of each | |
326 | 564 | opportunity, if availab le, | |
327 | - | ||
328 | 565 | g. the number and type of work -based learning | |
329 | 566 | opportunities proposed for the year, the estimated | |
330 | 567 | term of each opportunity, the proposed occupations, | |
331 | 568 | and the estimated number of hours per week of each | |
332 | 569 | opportunity, if available, | |
333 | 570 | ||
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334 | 597 | h. signed acknowledgement of the application by the | |
335 | 598 | primary contact, and | |
336 | - | ||
337 | 599 | i. the annual renewal shall be due on the anniversary | |
338 | 600 | date of filing the registration application. | |
339 | - | ||
340 | 601 | The filing shall be made ele ctronically via the Secretary of | |
341 | 602 | State website. | |
342 | - | ||
343 | 603 | D. The annual certificate of par ticipation shall be due on the | |
344 | 604 | anniversary date of original registration, as the case may be, until | |
345 | 605 | cancellation of the work -based organization in the Work -based | |
346 | 606 | Learning Program. | |
347 | - | ||
348 | 607 | E. The Secretary of State shall, at least sixty (60) days | |
349 | 608 | before the anniversary date each year of a participating | |
350 | 609 | organization, cause a notice of renewal of the annual certificate to | |
351 | 610 | be sent to such organization to its last known electronic mail | |
352 | 611 | address of record filed with the Secretary of State. At the time of | |
353 | 612 | renewal, the organization shall provide a Work -based Learning | |
354 | 613 | Program annual summary, including for each position offered: | |
355 | - | ||
356 | - | 1. The number of opportunit ies posted; ENR. H. B. NO. 3597 Page 9 | |
357 | - | ||
614 | + | 1. The number of opportunities posted; | |
358 | 615 | 2. The number of opportunities hired; | |
359 | - | ||
360 | 616 | 3. The type of work -based learning opportunities offered (e.g., | |
361 | 617 | internship, apprenticeship); | |
362 | - | ||
363 | 618 | 4. The Standard Occupational Classification (SOC) code; | |
364 | - | ||
365 | 619 | 5. The performance evaluation criteria utilized; | |
366 | - | ||
367 | 620 | 6. The term of the position; | |
368 | 621 | ||
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369 | 648 | 7. The number of hours per week; | |
370 | - | ||
371 | 649 | 8. Paid or unpaid status; | |
372 | - | ||
373 | 650 | 9. Academic credit awarding inst itution, if applicable; | |
374 | - | ||
375 | 651 | 10. Academic hours awarded, if applicable; and | |
376 | - | ||
377 | 652 | 11. The gender, age and ethnicity of hires, if available. | |
378 | - | ||
379 | 653 | F. A registered organization that fails to file the annual | |
380 | 654 | renewal and pay the annual renewal fee by the anniversary date of | |
381 | 655 | registration shall cease to be a registered organization with the | |
382 | 656 | Governor's Council for Workforce and Economic Development. | |
383 | - | ||
384 | 657 | G. The Secretary of State shall charge and colle ct the | |
385 | 658 | following fees: | |
386 | - | ||
387 | 659 | 1. For filing the original application, a fee of Fifty Do llars | |
388 | 660 | ($50.00) submitted to the Secretary of State; and | |
389 | - | ||
390 | 661 | 2. For filing subsequent annual renewals, a fee of Twenty -five | |
391 | 662 | Dollars ($25.00) submitted to the Secretary of State. | |
392 | - | ||
393 | 663 | H. To coordinate with statewide career pathways efforts, | |
394 | 664 | registered organizations under this program shall recruit | |
395 | 665 | participants by posting job announcements on the state labor market | |
396 | 666 | exchange system. Job announcements shall include the registered | |
397 | 667 | organization number as assigned by the Secretary of State. | |
398 | - | ||
399 | 668 | I. The Secretary of State sha ll transfer on July 1 of each | |
400 | 669 | fiscal year an amount based on the Governor's Council for Workforce | |
401 | - | Development annual budget not to | |
670 | + | Development annual budget not to exceed Eight Hundred Fifty Thousand | |
402 | 671 | Dollars ($850,000.00) annually from the Secretary of State revolving | |
672 | + | ||
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403 | 699 | fund to support the administration of the program and business | |
404 | 700 | registration to help enable the development of the state's talent | |
405 | 701 | pipeline. | |
406 | - | ||
407 | 702 | SECTION 3. It being immediately necessa ry for the preservation | |
408 | 703 | of the public peace, health or safety, an emergency is he reby | |
409 | 704 | declared to exist, by reason whereof this act shall take effect and | |
410 | 705 | be in full force from and after its passage and approval. | |
411 | - | ENR. H. B. NO. 3597 Page 11 | |
412 | - | Passed the House of Representati ves the 6th day of March, 2024. | |
413 | - | ||
414 | - | ||
415 | - | ||
416 | - | ||
417 | - | Presiding Officer of the House | |
418 | - | of Representatives | |
419 | - | ||
420 | - | ||
421 | - | ||
422 | - | Passed the Senate the 17th day of April, 2024. | |
423 | - | ||
424 | - | ||
425 | - | ||
426 | - | ||
427 | - | Presiding Officer of the Senate | |
428 | - | ||
429 | - | ||
430 | - | ||
431 | - | OFFICE OF THE GOVERNOR | |
432 | - | Received by the Office of the Governor this ________ ____________ | |
433 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
434 | - | By: _________________________________ | |
435 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
436 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
437 | - | ||
438 | - | ||
439 | - | _________________________________ | |
440 | - | Governor of the State of Oklahoma | |
441 | - | ||
442 | - | OFFICE OF THE SECRETARY OF STATE | |
443 | - | Received by the Office of the Secretary of State this __________ | |
444 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
445 | - | By: _________________________________ | |
706 | + | COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE | |
707 | + | March 25, 2024 - DO PASS |