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SENATE FLOOR VERSION
February 22, 2023
AS AMENDED
SENATE BILL NO. 621 By: Pugh of the Senate
and
Hill of the House
[ Oklahoma Workforce Transfo rmation Act - membership
- meeting - reimbursement - Commission - investments
- codification -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 900 of Title 40, unless there is
created a duplication in numbering, reads as follows:
This act shall be known an d may be cited as the “Oklahoma
Workforce Transformation Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 901 of Title 40, unless there is
created a duplication in numb ering, reads as follows:
As used in this act:
1. “Commission” means the Oklahoma Workforce Commission;
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2. “Person” means any individual, group of individuals, or any
partnership, corporation, associati on, cooperative, or employee
thereof, or any other legal entity; and
3. “Governor’s Council for Workforce and Economic Development ”
means the State’s Workforce Investment Board established under the
authority of Executive Order 2005 -27 and Section 5003.10 d of Title
74 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 902 of Title 40, unless there is
created a duplication in numb ering, reads as follows:
There is hereby created the Oklahoma Workforce Commission. The
purpose of the Commission is to coordinate the development of the
workforce needed to grow Oklahoma ’s economy and Oklahomans ’
prosperity. To accomplish this pur pose, the Commission is empowered
to the fullest extent permitted by law to coordinate the fundin g and
activities of each element of the state’s workforce development
programs, systems, and entities, to achieve better alignment,
accountability, and results for the state’s workforce development
efforts, and to act as the principal point of contact regarding
workforce development for public officials, businesses, and the
public.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 903 of Title 40, unless there is
created a duplication in numb ering, reads as follows:
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A. The Oklahoma Workforce Commission shall consist of nine ( 9)
members. The nine members shall be repr esentatives of private
sector companies which do business in this state:
1. Three members to be appointed by the President Pro Tempore
of the Senate;
2. Three members to be appointed by the Speaker of the House of
Representatives; and
3. Three members to be appointed by the Governor.
B. The members of the Commiss ion shall:
1. Be at least twenty-five (25) years of age;
2. Have at least three (3) years of experience working in the
private sector; and
3. Not be employed by any government entity or have been
employed by a government entity within the preceding five-year
period.
C. For the initial appointments of Commissioners, each
appointing authority shall make one appointment 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 Commissioners shall
be for three (3) years.
D. Vacancies on the Commission shall be fill ed for the
unexpired term of office in the same manner as the original
appointment. The appointed members shall be removed from office by
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a majority vote of the three appointing aut horities in a manner
prescribed by law.
E. A chairperson and a vice chairperson shall be elected by a
majority vote of the Commissioners. The Chair shall preside over
meetings of the Commission and perform duties as may be required by
the Commission. The first meeting of the Commission shall be called
by the chairperson no later than sixty (60) days after the effective
date of this act.
F. No member of the Commission shall receive a s alary for
duties performed as a member of the Commission; however, members are
eligible to receive reimbursement for expenses and travel
reimbursement as provid ed for in the State Travel Reimbursement Act.
G. Members serving on the Commission shall be eligible to ser ve
on any other state board or commission if such member is othe rwise
qualified to hold such appointed office, not withstanding the
provisions of Section 6 of Title 51 of th e Oklahoma Statutes.
H. A quorum of five members shall be required to conduct
official business of the Co mmission.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 904 of Title 40, unless there is
created a duplication in numbering, reads as follows:
The Oklahoma Workforce Commission shall have the following
power, duties, and responsibilities:
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1. To administer the provisions of this act or any duty as
directed by statute;
2. To establish an office for the Commission within this state;
3. To elect a chairperson and a vice chairperson and whatever
other officers may be necessary to direct operatio ns of the
Commission;
4. To employ or contract for p ersonnel and administrative
support as shall be deemed necessa ry to carry out the purpose and
provisions of this act, including but not limited to a nonprofit
corporation to carry out the Commission ’s objectives, an Executive
Director or other chief executive officer , and to prescribe their
duties and fix their compensation;
5. To establish and administer the Workforce Development
Revolving Fund;
6. To approve or disapprove the budget of the C ommission;
7. To promulgate rules to carry out the provisions of this act;
8. To enter into contracts or agreements for studies,
professional services, grant administration and procurement,
research projects, sup plies, or any other services the Commission
deems necessary to carry out its purpose, and to incur those
expenses necessary to carry out those purposes;
9. To cooperate with any pr ivate, local state or national
commission, organization, agency , or group and to make contracts and
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agreements for joint programs beneficial to Oklahoma’s workforce
development efforts;
10. To accept donations, grants, contribution s, and gifts from
any public or private so urce and deposit such in the Workforce
Development Revolving Fund, created in Section 7 of this act ;
11. To approve or disapprove the investment of any monies in
the Workforce Development Revolving Fund; and
12. To oversee and direct to the extent permitted by law the
activities and administration of the Governor’s Council for
Workforce and Economic Development, including but not limited to the
creation and submission of state plans to the federal government
pursuant to the provisions of the Workforce Innovation and
Opportunity Act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 906 of Title 40, unless there is
created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Workforce Commission to be designated the
“Workforce Development Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies transferred to the Oklahoma W orkforce
Commission to further the purposes of this act from pu blic
appropriations and donations, grants, contributions, or gifts fr om
any public or private source. All monies accruing to the credit of
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the fund are hereby appropriated and may be budgeted and expended by
the Commission for the purpose of developing the state’s workforce,
advancing the purposes of the Commission, or any other purpose
proposed by the Commission an d consented to by the Committee .
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and E nterprise Services for
approval and payment.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 907 of Title 40, unless there is
created a duplicatio n in numbering, reads as follows:
A. The Commission may invest its funds only in o bligations of
the United States or any agency thereof, in general obligations of
any state, in any interest -bearing account or certificat e of deposit
of a bank that is a mem ber of the Federal Reserve System, or in
obligations fully guaranteed as to principal and interest by the
United States.
B. The Commission shall b e prohibited from utilizing any funds
for the purpose of in fluencing governmental action or p olicy, with
the exception of recommending amendments to thi s act, and for
purposes of obtaining state or federal funding for the Commissi on’s
activities.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and aft er its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 22, 2023 - DO PASS AS AMENDED