SENATE FLOOR VERSION - SB1447 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 28, 2024 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 1447 By: Thompson (Kristen) of the Senate and Osburn of the House [ economic development - purpose – Division - Board - membership - procedures - executive sessions - exemptions - disclosure of information - reimbursement - powers, duties, and responsibilities - salary - administration - Committee - review - Revolving Fund - procedures - codification - emergency ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new sec tion of law to be codified in the Oklahoma Statutes a s Section 5090 of Title 74, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the “Creating Oklahoma’s Modern Plan for Economic Transformation and Effectiveness (COMPETE) Act”. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 5090.1 of Title 74, unless there is created a duplication in numbering, reads as follows: SENATE FLOOR VERSION - SB1447 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Legislature has determined that there exists in this state a need to encourage, stimulate, and support the development and expansion of the economy for this state through economic development, and that the state’s approach to economic development needs to be modernized to compete nationally and internationally. B. To achieve the objectives of this act, th ere is hereby created a separate and distinct division within the Oklahoma Department of Commerce, to be known as the Division on Economic Development, Growth, and Expansion. The Division shall exercise the powers and duties granted to it by this act to perform an essential governmental function for matters of public necessity for which public monies may be spent and private property a cquired. SECTION 3. NEW LAW A new secti on of law to be codified in the Oklahoma Statutes as Section 5090.2 of Title 74, unless there is created a duplication in numbering, reads as fol lows: As used in this act: 1. “Board” means the Oklahoma Economic Development , Growth, and Expansion Board as created in Section 5 of this act; 2. “Commission” means the Oklahoma Workforce Commission created in Section 902 of Title 40 of the Oklahoma Stat utes; 3. “Committee” means the Legislative Evaluation and Development Committee as created in Section 14 of this act; SENATE FLOOR VERSION - SB1447 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. “Critical industry” means industries within O klahoma that are critical to the state’s economic well-being and strategic plan for economic growth and development; 5. “Director” means the Director of the Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commerce; 6. “Division” means the Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commerce; 7. “Investment” means the use of public funds for the promotion of economic development through grants, re bates, payments, loans, or other incentives to en tities operating in th is state; and 8. “Person” means any individual, group of individuals, or any partnership, corporation, association, cooperative, or employee thereof, or any other legal entity . SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 5090.3 of Title 74, unless there is created a duplication in numbering, reads as follows: A. Subject to the availability of funds, there is hereby created the Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commer ce. The purpose of the Division is to serve as the state ’s lead economic development point of contact. B. The Division shall: SENATE FLOOR VERSION - SB1447 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Be empowered to strategically drive opportunities for economic growth and diversification ac ross the state; 2. Collaborate across local, regional, and state entities ; 3. Coordinate the funding and investment activities of each element of the state’s economic development efforts and marketing campaigns to achieve bette r results for the state’s recruitment and retention of businesses; and 4. Act as the principal point of contact regarding investment in this state for public officials, businesses, and the public. C. The Division shall assume within the Oklahoma Department of Commerce the role of lead economic development organization for thi s state, and with regard to competitive economic development projects, the Oklahoma Department of Commerce shall play a support role for the Division, as further outline d in this act. SECTION 5. NEW LAW A new section of law to be co dified in the Oklahoma Statutes as Section 5090.4 of Title 74, unless there is created a duplicatio n in numbering, reads as follows: A. There is hereby created the Oklahoma Economic Development, Growth, and Expansion Board. The Board shall constitute an advisory, administrative , and oversight board and shall consist of nine (9) voting members, as follows: 1. Three members to be appointed by the President Pro Tempore of the Senate; provided, at least one appointed member shall be from SENATE FLOOR VERSION - SB1447 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a municipality with a population of sixty thousand (60,000) people or less; 2. Three members to be appointed by the Speaker of the House of Representatives; provided, at least one appointed member shall be from a municipality with a population of sixty thousand (60,000) people or less; and 3. Three members to be appointed by the Governor ; provided, at least one appointed member shall be an economic development practitioner from this state. B. Five voting members of the Board shall constitute a quorum, and the vote of the ma jority of members present shall be necessar y for any action to be taken by the Board. No vacancy in the membership of the Board shall impair the rights of a quorum to exercise and perform all the rights and duties of the Board. The voting members of this Board shall: 1. Have at least a m inimum of five (5) years of experience working in the private sector; and 2. Possess expertise in at least one of the following areas: a. marketing, b. international commerce, c. finance or grant administration, d. state, regional, or local economic development, e. incentive evaluation programs, f. law, SENATE FLOOR VERSION - SB1447 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 g. information technologies, h. transportation, i. workforce development, j. manufacturing, k. biotechnology, l. cybersecurity, m. defense, n. energy, o. aviation, p. entrepreneurship, or q. any other critical industry in this state. C. For the initial appointments of members to the Board, each appointing authority shall make one appointme nt for a one-year term, one appointment for a two-year term, and one appointment for a three-year term. Thereafter, the terms of the Board shall be for three (3) years. D. Vacancies on the Board shall be filled for the unexpired term of office in the same manner as the original appointment. The appointed members may be removed from their positions by their respective appointing authorities but shall not be subject t o dismissal or removal without cause . E. The Board shall elect a chair, a vice chair, and such other officers deemed necessary to conduct the business of the Board from among its members. The chair shall preside over meetings of the SENATE FLOOR VERSION - SB1447 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Board, and officers shal l perform duties as may be required by the Board. The initial appointments of the Board shall be made within thirty (30) days after the effective date of this act. The first meeting of the Board shall be called by the chair no later than sixty (60) days after the effective date of this act. F. No member of the Board shall receive a salary or reimbursement for duties performed as a member of the Board; however, members are eligible to receive travel reimbursement a s provided in the State Travel Reimbursem ent Act. G. Members serving on the Board shall be eli gible to serve on any other state board or commission if such member is otherwise qualified to hold such appointed office, notwithstanding the provisions of Section 6 of Title 51 of the Oklahoma Stat utes. H. The meetings of the Board shall be subject to the Oklahoma Open Meeting Act and the Oklahoma Open Records Act. Any information submitted to or compiled by the Board with respect to the marketing plans, financial statements, trade secrets , or any other commercially sensitive information of persons, firm s, associations, partnerships, agencies, corporations, or other entities shall be confidential, except to the extent that the person or ent ity which provided such information , or which is the subjec t of such information, consents to disclosure. Executive sessions may be held to discuss such materials if deemed necessary by the Board. SENATE FLOOR VERSION - SB1447 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I. The Board may create an advisory board from time to time to assist the Board in carrying out the provisions of this act. The advisory board shall consist of members from governmental agencies and members of the private sector of this state as appointed by the members of the Board including, but not limited to, the Director of the Division on Economic Development, Growth, and Expansion, chief executive officer of t he Oklahoma Workforce Commission, and the Secretary of Transportation. SECTION 6. AMENDATORY 25 O.S. 2021, Section 307, as amended by Section 1, Chapter 182 , O.S.L. 2022 (25 O.S. Supp. 2023, Section 307), is amended to read as follows: Section 307. A. No public body shall hold executive sessions unless otherwise specifically provided in this section. B. Executive sessions of publ ic bodies will be permitted only for the purpose of: 1. Discussing the employment, hirin g, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee; 2. Discussing negotiations concerning employees and representatives of em ployee groups; 3. Discussing the purchase or appraisal of real property; 4. Confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body, with the ad vice of its attorney, deter mines that SENATE FLOOR VERSION - SB1447 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 disclosure will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest; 5. Permitting district boards of education to hear evidence and discuss the expulsion or suspension o f a student when requested b y the student involved or the student’s parent, attorney or legal guardian; 6. Discussing matters involving a specific handicapped disabled child; 7. Discussing any matter where disclosure of inform ation would violate confidentiality requirements of state or federal la w; 8. Engaging in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act; 9. Discussing matters inv olving safety and security at state penal institutions or correctional facilities used to house state inmates; 10. Discussing contract negotiations involving contracts requiring approval of the State Board of Corrections, which shall be limited to members of the public body, the attorney for the public body, and the immediate staff of the public body. No person who may profit directly or indirectly by a proposed transaction which is under consideration may be present or participate in the executive session; or SENATE FLOOR VERSION - SB1447 SFLR Page 10 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 11. Discussing the following: a. the investigation of a plan or scheme to commit an act of terrorism, b. assessments of the vulnerability of government facilities or public improvements to an act of terrorism, c. plans for deterrence or pre vention of or protection from an act of terrorism, d. plans for response or remediation after an act of terrorism, e. information technology of the public body but only if the discussion specifically identifies: (1) design or functional schematics that demonstrate the relationship or connections between devices or systems, (2) system configuration information, (3) security monitoring and response equipment placement and configuration, (4) specific location or placement of systems, components or devices, (5) system identification numbers, names, or connecting circuits, (6) business continuity and disaster planning, or response plans, or SENATE FLOOR VERSION - SB1447 SFLR Page 11 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (7) investigation information directly related to security penetrations or denial of services, or f. the investigation of an act of t errorism that has already been committed. For the purposes of this subsection, the term “terrorism” means any act encompassed by the definitions set forth in Section 1268.1 of Title 21 of the Oklahoma Statutes. C. Notwithstanding the provisions o f subsection B of this section, the following public bodies may hold ex ecutive sessions: 1. The State Banking Board, as provided for under Section 306.1 of Title 6 of the Oklahoma Statutes; 2. The Oklahoma Industrial Finance Authority, as provided for in Section 854 of Title 74 of the Oklahoma Statutes; 3. The Oklahoma Development Finance Authority, as provided for in Section 5062.6 of Title 74 of the Oklahoma Statutes; 4. The Oklahoma Center for the Advancement of Science and Technology, as provided fo r in Section 5060.7 of Title 74 of the Oklahoma Statutes; 5. The Oklahoma Health Research Committee for purposes of conferring on matters pertaining to research and development of products, if public disclosure of the matter discussed would interfere with the deve lopment of patents, copyrights, products, or services; SENATE FLOOR VERSION - SB1447 SFLR Page 12 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. The Oklahoma Workers’ Compensation Commission for the purposes provided for in Section 20 22 of Title 85A of the Oklahoma Statutes; 7. A review committee, as pr ovided for in Section 855 o f Title 62 of the Oklahoma Statutes; 8. The Child Death Review Board for purposes of receiving and conferring on matters pertaining to materials declared confidential by law; 9. The Domestic Violence Fatality Review Board as provided in Section 1601 of Title 22 of the Oklaho ma Statutes; 10. The Opioid Overdose Fat ality Review Board, as provided in Section 2-1001 of Title 63 of the Oklahoma Statutes; 11. All nonprofit foundations, boards, bureaus, commissions, agencies, trusteeships, authorities, council s, committees, public trusts, task forces or study groups supported in who le or part by public funds or entrusted with the expenditure of public funds for purposes of conferring on matters pertaining to economic development including the transfer of property, financing, or the creation of a proposal to entice a busin ess to remain or to locate within their jurisdiction if public disclosure of the matter discussed would interfere with the development of products or services or if pu blic disclosure would viola te the confidentiality of the business; 12. The Oklahoma Indigent Defense System Board for purposes of discussing negotiating strategies in connection with making possible SENATE FLOOR VERSION - SB1447 SFLR Page 13 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 counteroffers to offers to contract to provide legal representation to indigent criminal defendants and indigent juveniles in cases for which the System must provide representation pursuant to the provisions of the Indigent Defense Act; 13. The Quality Investment Committee for purposes of discussing applications and confidential materia ls pursuant to the terms of the Oklahoma Quality Investment Act; 14. The Oklahoma Municipal Power Authority established pursuant to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and in its role as an electric utility regulated by the federal government, for purp oses of discussing security plans and pro cedures including, but not limited to, cybersecurity matters; and 15. The Oklahoma Tax Commission for purposes of discussing confidential taxpayer matters as provided in Section 205 of Title 68 of the Oklahoma Statutes, and in compliance with subsection E of this section; and 16. The Oklahoma Economic Development, Growth, and Expansion Board, as provided for in Section 5 of this act. D. Except as otherwise specified in this subsection, an executive session for the purpose of discussing the purchase or appraisal of real property sh all be limited to members of th e public body, the attorney for the public body and the immediate staff of the public body. No landowner, real estate salesperson, broker, developer or any other person who may profit dir ectly or indirectly SENATE FLOOR VERSION - SB1447 SFLR Page 14 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by a proposed transaction concerning real property which is under consideration may be present or participate in the executive session, unless they are operating under an existing agreement to represent the public body. E. No public body may go into an executive session u nless the following procedures are strictly complied with: 1. The proposed executive session is noted on the agenda as provided in Section 311 of this title; 2. The executive session is authorized by a majority vote o f a quorum of the members present and the vote is a recorded vote; and 3. Except for matters considered in executive sessions of the State Banking Board and the Oklahoma Tax Commission, and which are required by state or federal la w to be confidential, any vote or action on any item of busin ess considered in an executive session shall be taken in public meeting with the vote of each member publicly cast and recorded. F. A willful violation of the provisions of this section shall: 1. Subject each member o f the public body to criminal sanctions as provided in Section 314 of this title; and 2. Cause the minutes and all other records of the executive session including tape recordings, to be immediately made public. SECTION 7. AMENDATORY 51 O.S. 2021, Section 24A.10, as amended by Section 3, Chapter 307, O.S.L. 2022 ( 51 O.S. Supp. 2023, Section 24A.10), is amended to read as fol lows: SENATE FLOOR VERSION - SB1447 SFLR Page 15 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 24A.10. A. Any information, records or other mat erial heretofore voluntarily supplied to any state agen cy, board or commission shall be subject to full disclosure pu rsuant to Section 24A.1 et seq. of this title. B. If disclosure would give an unfair advantage to competitor s or bidders, a public body may keep confidential records relating to: 1. Bid specifications for competitive bidding prior to publication by the public body; 2. Contents of sealed bids prior to the opening of bids by a public body; 3. Computer programs or software but not data there on; 4. Appraisals relating to the sale or acq uisition of real estate by a public body prior to award o f a contract; or 5. The prospective location of a private business or industry prior to public disclosure of such prospect except for records otherwise open to inspection such as applications for pe rmits or licenses. C. Except as set forth herea fter, the Oklahoma Departmen t of Commerce, the Division on Economic Development, Growth, and Expansion within the Department of Commer ce, the Oklahoma Department of Career and Technology Education, the technology cente r school districts, the Oklahoma Film and Music Office, in stitutions within the Oklahoma State System of Higher Education and the Department of Corrections may keep confidential: SENATE FLOOR VERSION - SB1447 SFLR Page 16 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Business plans, feasibility studies, financing proposals, marketing plans, financial statements or trade secret s submitted by a person or entity seeking econ omic advice, business development or customized training from such Departmen ts or school districts; 2. Proprietary information of the business submitted to the Department or school districts for the purpose of business development or customized training, and related confidentiality agreements detailing the information or records designated as confidential; and 3. Information compiled by such Departments or school district s in response to those submissions. The Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology Education, the technology center sch ool districts, the Oklahoma Film and Music Office, institutions within the Oklahoma State System o f Higher Education and the Department of Corrections may not keep confidential that submitted information when and to the extent the pe rson or entity submitti ng the information consents to disclosure. D. Although they mu st provide public access to their records including records of the address , rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adj ustment, the name of the person that authorized the adjustment and payment for each customer, public bodies that provide utility services to the public shall keep confidential and shall redact from any record, SENATE FLOOR VERSION - SB1447 SFLR Page 17 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 personal email addresses, credit information, credit card numbers, telephone numbers, social sec urity numbers, bank account informatio n for individual customers and any portion of any record that contains the name or any other identifier of the occupants of any residential structure. Public bod ies that provide utility servi ces to the public may keep confidential utility supply and utility equipment supply contracts for any industrial customer with a connected electric load in excess of two thousa nd five hundred (2,500) kilowatts if public access to such contracts would give an unfair advantage to competitors of the customer; provided tha t, where a public body performs billing or collection services for a utili ty regulated by the Corporation Commis sion pursuant to a contractual agreement, any customer or individual payment dat a obtained or created by the public body in performance of the agreement shall not be a record for purposes of the Oklahoma Open Re cords Act. SECTION 8. AMENDATORY 74 O.S. 2021, Section 85.5A, is amended to read as follows: Section 85.5A. A. Except for the state fleet card, the state purchase card program adminis tered by the Purchasing Divisi on is the only card program authorized for use by state agenc ies. B. On a monthly basis the State Purchasing Director a nd institutions of higher education shall provide to the Director of the Office of Management and Enterprise Services (OMES) a complete listing in electronic format of all transactions paid by a state SENATE FLOOR VERSION - SB1447 SFLR Page 18 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 purchase card. The list shall contain the name of the purchaser and purchasing agency, amount of purchase and all available descriptions of items purchased. C. Upon receipt of the list desc ribed in subsection B of this section, the Director of the OM ES shall allow the public access to the list in searchable format through its website defined in Sect ion 46 of Title 62 of the Oklahoma Statutes. D. The State Purchasing Director may authorize the use of a state purchase card for acquisitions within the following parameters: 1. No limit on the amount of the transaction for the following: a. purchases from statewide contracts and from contracts awarded by the State P urchasing Director for the benefit of a state agency, b. utilities, c. interagency payments , d. emergency acquisitions; provided, requirements to establish an emergency pursuant to Section 5 o f this act or other applicable statute or rule have been met, and e. professional services as defined in Section 803 of Title 18 of the Oklahoma Statutes; and 2. For any other transaction with a state purchase card, the transaction shall not exceed the greater of Five Thousand Dollars SENATE FLOOR VERSION - SB1447 SFLR Page 19 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ($5,000.00) or the limit determin ed by the State Purchasing Director, not to exceed the fair and reasonable acquisition threshold amount. E. The State Purchasing Director may authori ze personnel of the Oklahoma Department of Commerce , including the Division on Eco nomic Development, Growth, and Expansion within the Department of Commerce, upon a finding by the Secretary of Commerce tha t such personnel have a legitimate need therefore, to utilize a state purchase card for acquisitions for programs, functions or service s essential to the mission of the agency while traveling on D epartment of Commerce business in foreign locations with tran saction limits not to exceed Thirty -five Thousand Dollars ($35,000.00). The purchase cardholders are required to sign a purchase card agreement prior to becoming a cardholder and to attend purchase card pro cedure training. The Department of Commerce will, including the Director of the Division, shall conduct quarterly internal auditing on all purchase card transactions associated with business and travel in foreign locations. SECTION 9. AMENDATORY 74 O.S. 2021, Section 5 00.2, as amended by Section 1, Chapter 63, O.S.L. 2022 ( 74 O.S. Supp. 2023, Section 500.2), is amended to read as follows: Section 500.2. A. Officials and employees of the state, traveling on authoriz ed state business, may be reimburs ed for expenses incurred in such travel in accordance with the provisions SENATE FLOOR VERSION - SB1447 SFLR Page 20 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the State Travel Reimbursement Act and exi sting statutes relating to state travel. Persons who are not state emplo yees, but who are performing substantial and necessary services to the state which have been directed o r approved by the appropriate department official, shall enjoy the protection of the sovereign immunity of the state to the same extent as a paid employee . Such persons may be reimbursed for expenses incurred during authorized official travel under these same statutory provisions; provided, it is indicated on the claim the person is not a state employee, a description of servi ces performed is entered, and the agency head by approval of the claim certifies such services were substantial and necessary, and germane to the duties and functions of the reimbursing agency. Travel expenses incurred by a person during the course of seeking employment with a state agency, unless such travel is performed at the request of the employing agency, shall not be considered expenses incurred in performing substantial and necessary services to the state and shall not be reimbursed under the provisions of the State Travel Rei mbursement Act. B. The chief administrative officer of the Department of Public Safety, the Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Military Department of the State of Oklahoma, the Department of Corrections, the Office of Management and Enterprise Services, the Alcoholic Beverage Laws Enforcement Commission, the Oklahoma Department of SENATE FLOOR VERSION - SB1447 SFLR Page 21 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Agriculture, Food, and Fores try, the Oklahoma Department of Emergency Management, the State Fire Mars hal, and the State Department of Health may arrange for and charge meals and lodging for a contingent of state personnel moved into an area for the purpose of preserving t he public health, safety, or welfare or for the protection of life or property . The cost for meals or lodging so charged shall not exceed the amount aut horized in the State Travel Reimbursement Act. The chief administrative officer of each agency involved in such an operation shall require the vendor furnishing meals, lodging, or both me als and lodging to submit an itemized statement for payment. When a claim for lodging is made for a contingent of state personnel, individual members of the contingent may not submit a claim for lodging . When a claim for meals is made for a contingent of state personnel, individual members of the contingent may not submi t a claim for meals. C. 1. The Oklahoma Department of Commerce, the Division on Economic Development, Growth, and Expansion within the Department of Commerce, the Oklahoma Center for the Advancement of Science and Technology, and the Okla homa Department of Agriculture, Food, and Forestry are hereby authorized to enter into contracts and agreements for the payment of food, lodging, mee ting facility and beverage expenses as may be necessary for sponsoring seminars and receptions relating to economic development and science and technology issues. Such expenses may be paid directly to the SENATE FLOOR VERSION - SB1447 SFLR Page 22 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 contracting agency or business establishment. The Director of the Oklahoma Department of Commerce, the Director of the Division, the President of the Oklaho ma Center for the Advancement of Science and Technology, and the Commissioner of Agricultur e shall each provide a quarterly report of such expen ditures to the Governor , the Speaker of the House of Representatives and the President Pro Tempore of the Senate. 2. The Division is hereby authorized to pay for the cost of food, lodging, or other expenses as necessary for required travel outside of the United States. D. The Native American Cultural and Educ ational Authority is hereby authorized to enter into con tracts and agreements for the payment of food, lodging, and meeting facility as may be necessary to pursue the promotion of fundraising, marketing, and development of Native American educational programs and cultural projects, or to sponsor luncheons, seminars, a nd receptions relating to Native American educational, cultural, museum, and economic development issues. Such expenses may be paid directly to the con tracting agency or business establishment . The Executive Director of the Native American Cultura l and Educational Authority shall provide a monthly report of expenditures to th e Native American Cultural and Educational Authority Board. E. For purposes of this section: SENATE FLOOR VERSION - SB1447 SFLR Page 23 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. “State agency” means any constitutionally or statutorily created state board, commiss ion, or department, including the Legislature and the Courts; 2. State agencies are authorized to enter into contracts and agreements for the payment o f food and lodging expenses as may be necessary for employees or other persons who are performing substantial and necessary services to the state by attending official conferences, meetings, seminars, workshops, or training sessions or in the performance of their duties . Such expenses may be paid directly to the contracting agency or business establishment; provided the meeting qualifies for overnight travel for the employees and the cost for food and lodging for each employee shall not exceed the total da ily rate as provided in the State Travel Reimbursement Act; 3. State agencies are authorized to enter into contracts and agreements for the payment of conference registration expenses as may be necessary for employees or other persons who are performing substantial and necessary services to the state by attending official conferences, meetings, seminars, w orkshops, or training sessions. Such expenses may be paid direct ly to the contracting agency or business establishment; and 4. State agencies are autho rized to enter into contracts and agreements for the payment of food and lodging expenses as may be necessary for employees attending an official course of instruction SENATE FLOOR VERSION - SB1447 SFLR Page 24 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or training conducted or sponsored by any state agency. Expenses may be paid directly to the contracting agency or busin ess establishment. The cost for food and lodging for each employee shall not exceed the total daily rate as provided in the State Travel Reimbursement Act. F. State agencies are authorized to make direct purchases of commercial airline tickets for use by employe es in approved out-of- state travel. Each claim or invoice submitted to the Director of the Office of Management and Enterprise Serv ices for the payment of the purchase shall bear the airline identifying ticket number, the name of the airline, tota l cost of each ticket purchased, class of accommodation and name of th e employee for whom the ticket was purchased and shall be filed o n claim forms as prescribed by the Director of the Office of Management and Enterprise S ervices. The employee shall sign an affi davit stating that the employee used a direct purchase commercial airline ticket received for his or her approved out-of-state travel, or in lieu of the affidavit, the employee may file a travel claim in connection with said airline flight. G. 1. The Director of the Office of Management and Enterprise Services is hereby authorized to enter into contracts and agreements for the payment of food, lodging, and other authorized expenses as may be necessary to host, cond uct, sponsor, or participate in conferences, meetings, or training sessions . The Director may SENATE FLOOR VERSION - SB1447 SFLR Page 25 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such conferences, meetings, and training sessions . Expenses incurred may be paid directly to the contracting agency or bus iness establishment. 2. The cost of food for persons attending an y conferences, meetings, and training sessions that do not require overnight travel shall not exceed the total daily rate as prov ided in the State Travel Reimbursement Act. H. 1. The Commissioner of the Department of Mental Health and Substance Abuse Serv ices is hereby authorized to enter into contracts and agreements for the payment of food, lodging, and other authorized expenses as may be necessary to host, conduct, sponsor, or participate in conferences, meetings, or training sessions. The Commissioner may establish accounts as necessary for the collection and distribution of funds, incl uding funds of sponsors and registration fees, related to such conferences, meetings, and training sessions. Any expenses incurred may be paid directly to the contracting agency or business establishment. 2. The cost of food for persons attending any conferences, meetings, and training sessions that do not require overnight travel shall not exceed the to tal daily rate as provided in the State Travel Reimbursement Act. SENATE FLOOR VERSION - SB1447 SFLR Page 26 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I. The Oklahoma Indigent Defense System is hereby authorized to enter into contracts an d agreements for the payment of lodging a s necessary for employees to carry out their duties in r epresenting any client whom the System has been properly appointed to represent. Such expenses may be paid directly to the contracting agency or business establishment . The cost for lodging for each employee shall not exceed the daily rate as provided in the State Travel Reimbursement Act. J. The Oklahoma Tourism and Rec reation Department is hereby authorized to enter into contracts and agreements for the pay ment of food, lodging, and meeting facili ty and beverage expenses as may be necessary for seminar s and receptions relating to familiarization tours and tourism develo pment. The expenses may be paid directly to the contracting agency or business establishment . The Executive Director of the Oklahoma Tourism and Recreation Department shall provide a monthly report of any such expenditures to the Oklahoma Tourism and Recreation Commission. K. The Oklahoma Tourism and Recreation Department is hereby authorized to enter into contracts and agreements for the payment of exhibitor fees and display space char ges at expositions to promote the Department’s recreational faciliti es and the tourism and recreation industry. The expenses may be paid directly to the contracting agency or business establishment; provided that no SENATE FLOOR VERSION - SB1447 SFLR Page 27 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 payment shall be made prior to the event unl ess it conveys a property right to the state for future availab ility and use. L. 1. The Oklahoma Highway Safety Office of the Department of Public Safety is hereby authorized to enter into cont racts and agreements for the payment of food, lodging, a nd other authorized expenses as may be necessary to host, conduct, sponsor, or participate in highway-safety-related conferences, workshops, seminars, meetings, or training sessions . The payments shall be for all persons in attendance, including, but not limi ted to, employees of political subdivisions or employees of th e state or federal government. For purposes specified in this paragraph, only federal highway safety funds may be used in accordance with federal guidelines and regulations, and no appropri ated state funds shall be used. 2. The cost of food for persons attending any highway safety conferences, workshops, seminars, meetings, and training sessions that do not require overnight travel shall not exceed the total daily rate as provided in the State Travel Reimbursement Act. M. 1. The Director of the Oklahoma State Bureau of Investigation is hereby authorized to enter into contracts and agreements for the payment of food, lodging and other authorized expenses as may be necessary to host, conduct , sponsor or participate in any conference, meeting, training session or initiative to promote the mission and purposes of the Bureau. The SENATE FLOOR VERSION - SB1447 SFLR Page 28 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 payments may be for all persons in attendance, including, but not limited to, employees of political subdivisions or emp loyees of the state or federal government. 2. The cost of food for persons that do not require overnight travel shall not exceed the total daily rate as p rovided in the State Travel Reimbursement Act. N. The Oklahoma Homeland Security Director is her eby authorized to enter into contracts and agreements for the payment of food, lodging and other authorized expenses as may be necessary to host, conduct, sponsor, or participate in homeland -security-related conferences, meetings, workshops, seminars, exercise s or training sessions. The expenses may be paid directly to the contracting agency or business establishment. O. The State Department of Education is he reby authorized to enter into contracts a nd agreements for the payment of food, lodging and other authorized expenses as may be necessary to h ost, conduct, sponsor or participate in conferences, meetings or training sessions. The State Department of Education may establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such conferences, meetings and training sessions. Any expenses incurred may be paid directly to the contra cting agency or business establishment. SENATE FLOOR VERSION - SB1447 SFLR Page 29 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P. 1. The Insurance Commissioner of the Insurance Depar tment of the State of Oklahoma is hereby auth orized to enter into contracts and agreements for the payment of food, lodging, and other authorized expenses as may be necessary to host, conduct, sponsor, or participate in conferences, meetings, or training sessi ons. The Commissioner may establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such conferences, meetings, a nd training sessions. Any expenses incurred may be paid directly to the contracting agency or busine ss establishment. 2. The cost of food for persons attending any conferences, meetings, and training sessions that do not require overnight travel shall not exceed the total daily rate as provided in the State Travel Reimbursement Act. Q. 1. The State Regents for Higher Education is hereby authorized to enter into contracts and agreements for the payment of food, lodging, and other authorized expenses as m ay be necessary to host, conduct, sponsor, or participat e in conferences, meetings, or training sessions. The State Regents for Higher Education may establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such conferences, meetings , and training sessions. Any expenses incurred may be paid directly to the contracting agency or business establishment. SENATE FLOOR VERSION - SB1447 SFLR Page 30 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The cost of food for persons attending any conferences, meetings, and training sessions that do not require overnight travel shall not exceed the total daily rate as provi ded in the State Travel Reimbursement Act. R. 1. The Office of Educational Quality and Accountability is hereby authorized to enter into contracts and agreements for the payment of food, lodging, and other authori zed expenses as may be necessary to host, conduct, sponsor, or participate in conferences, meetings, or training sessions. The Office of Educational Quali ty and Accountability may establish accou nts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such con ferences, meetings, and training sessions. Any expenses incurred may be paid directly to the contracting agency or business establishment. 2. The cost of food for persons attending any conferences, meetings, and training sessions that do not require overnight travel shall not exceed the total daily rate as provided in the State Travel Reimbursement Act. S. 1. The Department of Securities is hereby authorized to enter into contracts and agreements for the payment of food, lodging, meeting facility, facil itator fees and travel expenses, exhibitor fees and other authorized expenses as may be necessary to host, conduct, sponsor or participate in conferences, meetings, training sessions or initiatives promoting or otherwise relating to SENATE FLOOR VERSION - SB1447 SFLR Page 31 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 investor education. The Department of Securities may establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees , related to such conferences, meetings, training sessions or init iatives. The payments may be for all persons in attendance, including, but not limited to, employees of the state or federal government or employees of political subdivisions of the state, including employees of boards of public education. Expenses incurred may be paid directly to the contracting ag ency or business establishment. 2. The cost of food for persons att ending any conferences, meetings and training sessions that do not require overnight travel shall not exceed the total daily rate as provided in the State Travel Reimbursement Act. 3. The Department of Securities is hereby authorized to pay stipends to teachers participating in the investor education program and monetary achievement awards to se lect participating st udents. No appropriated state funds shall be used. T. 1. The Oklahoma Department of Veterans Affairs is hereby authorized to enter into cont racts and agreements for the payment of food, lodging, meeting facility, beverage and other authorized expenses as may be necessary to host , conduct, sponsor or participate in seminars, re ceptions, conferences, meetings or training sessions related to the support of veterans and the development of veterans ’ services. Expenses incurred may be paid SENATE FLOOR VERSION - SB1447 SFLR Page 32 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 directly to the contracting agency or business establishment. The Executive Director of the Oklahoma Department of Veterans Affairs shall provide a monthly repor t of any such expenditures to the Oklahoma Veterans Commission. 2. The cost of food for persons attending any conferences, meetings and training sessions t hat do not require overn ight travel shall not exceed the total daily rate as provided in the State Travel Reimbursement Act. U. Whenever possible it sh all be the policy of each state agency to prepay airline f ares and lodging expenses using a purchase card issued to the agency. This policy shall apply to instances where employees of the agency are trav eling on behalf of state government. SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sect ion 5090.5 of Title 74, unless there is created a duplication in numbering, reads as follows: A. 1. The Oklahoma Economic Development, Growth, and Expansion Board shall appoint a Director for the Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commerce to serve at the pleasure of the Board and carry out such powers and duties conferre d upon him or her as prescribed by the Board. The Director shall be a nonvoting member of the Board. 2. The Board shall select a Director with experience that includes, but is not limited to: SENATE FLOOR VERSION - SB1447 SFLR Page 33 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. economic development pr ogram leadership, b. business development leadership, c. senior-level board management and leadership, d. senior-level business and politica l engagement, e. leading business development or business recruitment teams, f. creating and implementing sector development strategies, g. branding and marketing leadership experience, and h. a track record in recruiting companies to a state or community. 3. The Board shall determine the Director’s salary and other compensation such that the Board is nationally competitive in consistently employing a talented and experienced economic development professional in the position . B. The Director shall consult with th e Board regarding the administration of the affairs of the Division. The Board is authorized and empowered to require from the Director complete reports and information relative to the affairs of the Division in the time and manner the Board may deem advisable. C. In addition to the other powers and duties prescribed by law, the Board shall: 1. Prescribe rules and policies for the transaction of its business and the control of the Division; SENATE FLOOR VERSION - SB1447 SFLR Page 34 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Review and approve the budget and amend to make supplemental appropriations; 3. Advise in the appointment and compensation of officers, agents, and employees of the Division; 4. Establish performance-based incentive compensation structures to enhance organizational and individual performance, both for the Director and his or her employees; 5. Supervise the letting of all contracts and purchases for the Division, with all purchases of per sonal property to be made through the Office of Management and Enterprise Services; 6. Form committees, which may inclu de representatives who are not members of the Board, to undertake more extensive study and discussion on the issues before the Board; and 7. Annually report to the Governor an d the Legislature electronically on the complete operation, activities, and plans of the Division, together with such recomm endations for future activities as the Board may deem to be in the best interest of t he state. SECTION 11. NEW LAW A new section of l aw to be codified in the Oklahoma Statutes as Section 5090.6 of Title 74, unless there is created a duplicati on in numbering, reads as follows: A. Immediately upon the appointment of the Director, he or she shall become vested with the duties and powers of the management and control of the Division on Economic Development, Growth, and SENATE FLOOR VERSION - SB1447 SFLR Page 35 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Expansion within the Oklahoma Department of Commerce under such provisions, orders, rules, and regulations as may be prescribed by the Oklahoma Economic Development, Growth, and Expansion Board, and, in addition thereto, shall have the following specific powers and duties: 1. To manage and contro l all economic investment projects in this state, under the supervision of the Board; 2. To appoint and employ such assistants, administrative leadership, clerical help, and other employees as the Board may deem necessary, subject to the approval of the Board. The Director shall fix and determine the salaries and wag es to be paid under and subject to the rules and regul ations as promulgated by the Board; and 3. To exercise such powers and duties relat ing to the direction of the state’s economic development efforts conferred upon the Division as may be delegated to him or her by the Board. B. The Director shall determine the strategic plans and programs necessary to accomplish the duties and responsibilities of this section and those prescribed by the Board and may perform functions in coordination with the Director of the Department of Commerce. SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 5090.7 of Title 74, unless there is created a duplication in numbering, reads as follows: SENATE FLOOR VERSION - SB1447 SFLR Page 36 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Division on Economic Development, Growth, and Expansion within the Oklahoma D epartment of Commerce is granted all powers necessary for the carryin g out of its statutory purposes including the power to: 1. Administer the provisions of this act or any duty as directed by the state; 2. Establish a presence for the Division in a location housed within the Oklahoma Department of Commerce; 3. Administer funds from the Economic Development, Growth, and Expansion Revolving Fund created in Section 15 of this act; 4. Promulgate rules to carry out the provisions of this act; 5. Enter into contracts or agreements for studies, professional services, grant administratio n and procurement, research pr ojects, supplies, or any other services the Division deems necessary to carry out its purpose; 6. Cooperate with any private, local , state, or national commission, organization, agency, or group and to make contracts and agreements for joint programs beneficial to Oklahoma’s economic development; 7. Hire outside legal counsel as provided in Section 250.4 of Title 75 of the Oklahoma Statutes; 8. Accept donations, grants, contributions, and gifts from any public or private sources and deposit such in the Economic SENATE FLOOR VERSION - SB1447 SFLR Page 37 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Development, Growth, and Expansion Revolving Fund created in Section 15 of this act; 9. Provide input and authorize an annual plan of work and marketing plan; 10. Provide guidance, approve objectives, and conduct frequent reviews of the organization’s progress to ensure that the focus remains on its mission; 11. Render advice and assistance and provide services to state agencies, local and regional economic development entities, pr ivate firms, and the other person providing services or facilities fo r economic development; and 12. Develop, undertake, and pro vide programs, alone or in conjunction with any person, for economic research, industrial development research, and all other res earch that may lead to economic development. B. It shall be the duty of the Division to encourage, stimulate, and support the development and expansion o f the economy of Oklahoma. The Division is charged with the dut y and responsibility to: 1. Create and implement a strategic economic development plan, including identifying critical industries; 2. Create and implement effective economic development marketing and promotional programming; SENATE FLOOR VERSION - SB1447 SFLR Page 38 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Make available, in conjunction and cooperation with localities, chambers of commerce, industrial authorities, and other public and private groups, to prospective new businesses, basic information and pertinent factors of interest and concern to such businesses; 4. Formulate, promulgate, and advance programs throughout the state for encouraging the location of ne w businesses in the s tate and the retention and growth of existing businesses; 5. Encourage and solicit private sector involvement, support, and funding for economic development in this state; 6. Encourage the coordination of economic development efforts of public institutions, regions, communities, and private industry and collect and maintain data on the development and utilization of economic development capabilities; 7. Encourage the export of p roducts and services; and 8. Advise the Oklahoma Workforce Commission and it s educational and instructional partners of increased workforce needs for particular industries or skills in accordance with the Division’s strategic plan and economic development activities. C. The Division shall annually update and modify its economic development strategic plan for this state in consultation with the Governor, Lieutenant Governor, and the Legislature. The Division shall prepare a report on the economic development strategic pla n by December 30 each year to be electronically distributed to the SENATE FLOOR VERSION - SB1447 SFLR Page 39 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the fiscal directors of their respective legislative chambers. The Division shall post the report on its website. SECTION 13. AMENDATORY 75 O.S. 2021, Section 250.4, as amended by Section 37, Chapter 310, O.S.L. 2023 (75 O.S. Supp. 2023, Section 250.4), is amended to read as follows: Section 250.4. A. 1. Except as is otherwise specifically provided in this subs ection, each agency is required to comply with Article I of the Administrative Procedure s Act. 2. The Corporation Commission shall be required to comply with the provisions of Article I of the A dministrative Procedures Act except for subsections A, B, C and E of Section 303 of this title and Section 306 of this title. To the extent of any conflict or inconsistency with Article I of the Administrative Procedures Act , pursuant to Section 35 of Article IX of the Oklahoma Constitution, it is expressly declare d that Article I of the Administrative Procedures Act is an amendment to and alteration of Sections 18 through 34 of Article IX of the Oklahoma Constitution. 3. The Oklahoma Military Department of the State of Oklahoma shall be exempt from the provisions of Article I of the Administrative Procedures Act to the extent it exercises its responsibility for military affairs. Military publications, as defined in Section 801 of Title 44 of the Oklahoma Statutes, shall SENATE FLOOR VERSION - SB1447 SFLR Page 40 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be exempt from the provisions of Article I and Article II of the Administrative Procedures Act, except as provided in Section 251 of this title. 4. The Oklahoma Ordnance Works Authority, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Office of Homeland Security and the Board of Trustees of the Oklahoma College Savings Plan shall be exempt from Article I of the Administrative Procedures Act. 5. The Transportation Commission and the Department of Transportation shall be exempt from Article I of the Administrative Procedures Act to the extent they exercise thei r authority in adopting standard specifications, special provisions, plans, design standards, testing procedures, federally imposed requirements and generally recognized standards, project planning and programming, and the operation and control of the State Highway System. 6. The Oklahoma State Regents for Higher Education shall be exempt from Article I of the Administrative Procedures Act with respect to: a. prescribing standards of higher education, b. prescribing functions and courses of study in each institution to conform to the standards, c. granting of degrees and other forms of academic recognition for completion of the prescribed courses, d. allocation of state-appropriated funds, and SENATE FLOOR VERSION - SB1447 SFLR Page 41 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. fees within the limits prescribed by th e Legislature. 7. Institutional governing boards within The Oklahoma State System of Higher Education shall be exempt from Article I of the Administrative Procedures Act. 8. a. The Commissioner of Public Safety and the Executive Director of Service Oklahoma shall be exempt from Sections 303.1, 304, 307.1, 308 and 308.1 of thi s title insofar as it is necessary to promulgate rules pursuant to the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act, to ma intain a current incorporation of federal mo tor carrier safety and hazardous material regulations. b. Such rules may be adopted by the Commissioner and shall be deemed promulgated twenty (20) days after notice of adoption is pu blished in “The Oklahoma Register”. Such publication need not set forth the full text of the rule but may incorporate the federal rules and regulations by reference. c. Such copies of promulgated r ules shall be filed with the Secretary of State as required by Section 251 of this title. d. For any rules for which the Commissioner has discretion to allow variances, tolerances or modifications from the federal rules and regulations, SENATE FLOOR VERSION - SB1447 SFLR Page 42 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Commissioner shall fully comply with Article I of the Administrative Procedures Ac t. 9. The Council on Judicial Complaints shall be exempt from Section 306 of Article I of the Administrat ive Procedures Act this title, with respect to review of the validity or applicability of a rule by an action for declaratory judgment, or any other relief based upon the validity or applicability of a rule, in the district court or by an appellate court. A party aggrieved by the validity or applicability of a rule made by the Council on Judicial Complaints may petition the Court on the Judici ary to review the rules and issue opinions based upon them. 10. The Department of Corrections, State Board of Corrections, county sheriffs and managers of city jails shall be exempt from Article I of the Administrative Procedures Act with respect to: a. prescribing internal management procedures for the management of the state prisons, county jails and city jails and for the management, supervision and control of all incarcerated prisoners, and b. prescribing internal management procedures for the management of the probation and parole unit of the Department of Corrections and for the supervision of probationers and parolees. 11. The State Board of Education shall be exempt from Article I of the Administrative Procedures Act with respect to prescribing SENATE FLOOR VERSION - SB1447 SFLR Page 43 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subject matter standards as provided for in Section 11-103.6a of Title 70 of the Oklahoma Statutes. B. As specified, the following agencies or classes of agency activities are not required to comply with the provi sions of Article II of the Administrative Pro cedures Act: 1. The Oklahoma Tax Commission, except as provided in subsection G of Section 1140 of Title 47 of the Oklahoma Statutes; 2. The Commission for Human Services; 3. The Oklahoma Ordnance Works Authority; 4. The Corporation Commission; 5. The Pardon and Parole Board; 6. The Midwestern Oklahoma Development Author ity; 7. The Grand River Dam Authority; 8. The Northeast Oklahoma Public Facilities Authority; 9. The Council on Judicial Complaints; 10. The Board of Trustees of the Oklahoma Colle ge Savings Plan; 11. The supervisory or administrative agency of any penal, mental, medical or eleemosynary institution, only with respect to the institutional supervision, custody, control, care or treatm ent of inmates, prisoners or patients therein; provided, that the provisions of Article II shall apply to and govern all administrative actions of the Oklahoma Alcohol Prevention, Training, Treatment and Rehabilitation Authority; SENATE FLOOR VERSION - SB1447 SFLR Page 44 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12. The Board of Regents or employees of any university, college, or other institution of highe r learning; 13. The Oklahoma Horse Racing Commission, its employees or agents only with respect to hearing and notice requirements on the following classes of violations which are an im minent peril to the public health, safety and w elfare: a. any rule regarding the running of a race, b. any violation of medication laws and rules, c. any suspension or revocation of an occupation license by any racing jurisdiction recognized by the Commission, d. any assault or other destructive acts with in Commission-licensed premises, e. any violation of prohibited devices, laws and rules, or f. any filing of false information; 14. The Commissioner of Public Safety and the Executive Director of Service Oklahoma only with respect to driver license hearings and hearings conducted pursuant to the provisions of Section 2-115 of Title 47 of the Oklahoma Statutes; 15. The Administrator of the Oklahoma Department of Securities only with respect to hearings conducted pursuant to p rovisions of the Oklahoma Take-over Disclosure Act of 1985; SENATE FLOOR VERSION - SB1447 SFLR Page 45 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 16. Hearings conducted by a public agency pursuant to Section 962 903A of Title 47 of the Oklahoma Statutes; 17. The Oklahoma Military Department of the State of Oklahoma ; 18. The University Hospitals Authority, including all hospitals or other institutions operated by the University Hospitals Authority; 19. The Oklahoma Health Care Authority Board and the Administrator of the Oklahoma Health Care Authority; and 20. The Oklahoma Office of Homeland Security; and 21. The Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commerce created in Section 4 of this act only to the extent of hiring outside legal counsel. SECTION 14. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Se ction 5090.8 of Title 74, unless there is created a duplication in numbering, reads as follows: A. It is the intent of the Legislature that the creation of the Legislative Evaluation and Developm ent Committee shall review financing for individual i ncentive packages including, but not limited to, packages offering tax incentives, funds for economic development, and when the annual investment exceeds Seventy-five Million Dollars ($75,000,000.00) for any business, new or existing currently in Oklahoma, or whe n one or more of the incentives in the incentive package is not authorized under current law or an amendment by the Legislature is being sought to one or more SENATE FLOOR VERSION - SB1447 SFLR Page 46 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 currently existing incentives inc luded in the incentive package. In addition to the required review of certain incentive packages as prescribed by this section, the Committee may, in its discretion , also review potential economic development projects presented by private sector businesses or state or other political subdivision authorities which would be financed by public funds. B. There is hereby created within the Legislature the Legislative Evaluation and Development Committee to evaluate and propose economic projects provided by the Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commerce. The Committee shall consist of: 1. Four members of the Senate to be appointed by the President Pro Tempore of the Senate; and 2. Four members of the House of the Representatives to be appointed by the Speaker of the House of Representatives. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall serve as co-chairs for the Committee. C. The quorum of the Committee shall consist of at least five members. Meetings of the Committee shall be governed by joint rules of the Legislature. Members of the Committee may receive reimbursement from the Legislative Servi ce Bureau for actual and necessary expenses incurred in connection with their duties as members of the Committee in accordan ce with other provisions of law relating to travel reimbursement for members of the Legislature. SENATE FLOOR VERSION - SB1447 SFLR Page 47 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Members serving on this Committee shall submit to nondisclosure agreements and adhere to the confidentiality of the material discussed in meetings that affect the economic development of this state. SECTION 15. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 5090.9 of Title 74, unless there is created a duplication in number ing, reads as follows: A. There is hereby created in the St ate Treasury a revolving fund for the Division on Economic Development, Growth, and Expansion within the Oklahoma Department of Commerce to be designated the “Economic Development, Growth, and Expansion Revolving Fund”. The fund shall be a continuing f und, not subject to fiscal year limitations, and shall consist of all monies received by the Division from appropriations and donations, grants, con tributions, or gifts from any public or private source . All monies accruing to the credit of the fund are hereby ap propriated and may be budgeted and expended by the Division for the purpose of attracting, retaining, and recruiting new business to Oklahoma, advancing the purposes of the Division, or any other purpose proposed by the Division and consented to by the Oklahoma Economic Development, Growth, and Expansion Board. Expenditures from the fund shall be made upon warrants issued by the State Treasurer aga inst claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. SENATE FLOOR VERSION - SB1447 SFLR Page 48 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Notwithstanding any other provision of law, and until the fiscal year ending in 2034, income and earnings on the fund shall accrue to the fund and may be used for the purposes provided for in this section. SECTION 16. It being immediately necessary for the preservation of the public peace, health or saf ety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect a nd be in full force from and after its passage and approval. COMMITTEE REPORT BY: COMMITT EE ON APPROPRIATIONS February 28, 2024 - DO PASS AS AMENDED BY CS