Oklahoma 2024 Regular Session

Oklahoma House Bill HB3597 Latest Draft

Bill / Enrolled Version Filed 04/18/2024

                            An Act 
ENROLLED 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 's 
activities; and declaring an emergency . 
 
 
 
 
SUBJECT: State government 
 
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 State'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 
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 coordinated 
workforce development system for the state and monitor its 
operation; and 
  ENR. H. B. NO. 3597 	Page 2 
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 
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; 
  ENR. H. B. NO. 3597 	Page 3 
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: 
 
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 
private sector and shall be appointed b y and serve at the pleasure 
of the Governor.  ENR. H. B. NO. 3597 	Page 4 
 
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; 
 
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 
  ENR. H. B. NO. 3597 	Page 5 
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. 
 
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 compr ised 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 service 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. Each 
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 subcommittee 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: 
 
1.  Conducting data analysis and preparing repo rts on health 
workforce supply and demand; 
 
2.  Research and analysis of state health professional education 
and training capacity; 
  ENR. H. B. NO. 3597 	Page 6 
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 workforce 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 partnerships 
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 
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 experience 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 calendar year 2020.  All partners 
participating in the Work -based Learning Program shall be required 
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 publishing 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 commissions and the private business sector in 
meeting Oklahoma Works goals. 
 
B.  The Work-based Learning Program shall include th e following 
components: 
  ENR. H. B. NO. 3597 	Page 7 
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; 
 
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 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 multiple 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 internships 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: 
 
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, 
  ENR. H. B. NO. 3597 	Page 8 
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, 
 
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 electronical ly via the Secretary of 
State website. 
 
D.  The annual certificate of participation shall be due on th e 
anniversary date of original 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, at 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;  ENR. H. B. NO. 3597 	Page 9 
 
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; 
 
7.  The number of hours per week; 
 
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 fail s to file the annual 
renewal and pay the annu al 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 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 assigned 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 Thousan d  ENR. H. B. NO. 3597 	Page 10 
Dollars ($850,000.00) annually from the Secretar y of State revolving 
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 immediat ely necessary for the preservation 
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. 
  ENR. H. B. NO. 3597 	Page 11 
Passed the House of Representati ves the 6th day of March, 2024. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 17th day of April, 2024. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ________ ____________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________