Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB1447 Amended / Bill

Filed 02/29/2024

                     
 
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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:   
 
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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;   
 
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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:   
 
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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   
 
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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,   
 
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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   
 
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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.   
 
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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   
 
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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   
 
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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   
 
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(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;   
 
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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   
 
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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   
 
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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:   
 
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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:   
 
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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,   
 
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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   
 
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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   
 
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($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   
 
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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   
 
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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   
 
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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:   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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   
 
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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.   
 
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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.   
 
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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   
 
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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   
 
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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:   
 
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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;   
 
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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   
 
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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:   
 
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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   
 
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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;   
 
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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   
 
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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   
 
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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   
 
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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,   
 
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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   
 
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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;   
 
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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;   
 
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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   
 
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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.   
 
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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.   
 
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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