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SENATE FLOOR VERSION
February 25, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 987 By: Thompson of the Senate
and
Osburn of the House
An Act relating to the Oklahoma Department of
Commerce; amending 74 O.S. 2021, Section 5003.4, as
amended by Section 3, Chapter 377, O.S.L. 2024 (74
O.S. Supp. 2024, Section 5003.4), which relates to
definitions; defining terms; amending 74 O.S. 2021,
Section 5003.5, as last amended by Section 4, Chapter
377, O.S.L. 2024 (74 O.S. Supp. 2024, Section
5003.5), which relates to the Chief Executive Officer
of the Oklahoma Department of Commerce; modifying
appointment procedures; amending 74 O.S. 2021,
Section 5003.7, as amended by Section 5, Chapter 377,
O.S.L. 2024 (74 O.S. Supp. 2024, Section 5003.7),
which relates to the five-year economic development
plan; designating who approves strategic plan;
updating statutory reference; creating the Oklahoma
Department of Commerce Board; providing for
membership; stating quorum; providing for
qualifications for Board member s; stating appointment
terms; establishing Board procedures for election of
chair and vice chair and presiding of meetings;
allowing for certain reim bursement; permitting
members to serve on other boards and commissions;
subjecting Board to the provisions of the Oklahoma
Open Meeting Act and Oklahoma Open Records Act;
providing for use of executive sessions by Board;
stating other duties of the Board; providing for
codification; and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 5003.4, as
amended by Section 3, Chapter 377, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 5003.4), is amended to read as follows:
Section 5003.4. As used in the Oklahoma Depart ment of Commerce
Act:
1. “Department” means the Oklahoma Department of Commerce
“Board” means the Oklahoma Department of Commerce Board created in
Section 4 of this act ;
2. “Chief Executive Officer ” means the Chief Executive Officer
of the Oklahoma Depar tment of Commerce;
3. “Committee” means the Legislative Evaluation and Development
Committee as created in Section 5090.1 of this title;
4. “Department” means the Oklahoma Department of Commerce;
3. 5. “Enterprise” means a firm with its principal place of
business in Oklahoma;
4. 6. “Economic Information System ” means a comprehensive
statewide data collection, analysis and distribution system which
makes available current and thorough information on Oklahom a
economic trends and future Oklahoma economic opportunities to
communities, firms, farms and individuals in the state; firms and
individuals outside the state considering location in Oklahoma; and
Oklahoma Futures, the Governor, the Legislature and all other state
agencies and institutions; and
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5. 7. “Economic Innovation System ” means a decentralized
statewide system that responsively and innovatively coordinates
technical assistance, grant and loan programs with local, state,
federal and private sector a ctivities into a single statewide
Economic Innovation System.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 5003.5, as
last amended by Section 4, Chapter 377, O.S.L. 2024 (74 O.S. Supp.
2024, Section 5003.5), is amended to read as follows:
Section 5003.5. A. The Chief Executiv e Officer of the Oklahoma
Department of Commerce shall be appointed by the Governor with the
advice and consent of the Senate Oklahoma Department of Commerce
Board created in Section 4 of this act . The Chief Executive Officer
shall serve at the pleasure o f the Governor Board and shall continue
to serve until a successor is duly appointed and qualified. The
salary of the Chief Executive Officer shall be compensated in a
manner that compares equally to similar positions in the private
sector. The salary of the Chief Executive Officer shall not be set
pursuant to the standards provided in Section 3601.2 of this title.
B. The Chief Executive Officer shall be qualified for such
position by character, personality, ability, education, training and
successful administrative experience in the public or private
sector. The Chief Executive Officer shall have experience that
includes, but is not limited to:
1. Economic development program leadership;
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2. Business development leadership;
3. Senior-level board management and leadership;
4. Senior-level business and political engagement;
5. Leading business development or business recruitment teams;
6. Creating and implementing sector development strategies;
7. Branding and marketing leadership experience; and
8. Experience in recruiting companies to a state or community.
C. The Chief Executive Officer shall employ such persons as are
necessary to implement the powers and duties of the Department.
Because many of the powers and duties of the Department involve
working closely with the private sector, certain employee positions
of the Department shall be employed and compensated in a manner that
compares equally to similar positions in the private sector and
shall be exempt from the provisions of the Civil Service and Human
Capital Modernization Act. All other employees and positions shall
be subject to the provisions of the Civil Service and Human Capital
Modernization Act. Provided, nothing in this section shall be
construed to limit the authority of the Legisl ature to specify the
status of positions otherwise by law. Neither shall the Chief
Executive Officer have the authority to circumvent, disregard or
otherwise disobey specific provisions of law regarding posit ions in
the Department.
D. The Chief Executive Officer shall serve on the board of:
1. The Oklahoma Industrial Finance Authority;
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2. The Oklahoma Development Finance Authority; and
3. The Oklahoma Ordnance Works Authority.
E. The Chief Executive Officer may serve as administrator of
any interlocal agreement or compact to pursue economic development
and to assign any employees of the Department or employee personnel
to carry out duties or obligations pursuant to any interlocal
agreement or compact for e conomic development.
F. The Chief Executive Of ficer, at his or her discretion, may
approve payment for affiliations or memberships of the Department
or, if necessary, associate memberships for individual employees in
international, national, or state economic development councils,
professional organiz ations, or governmental associations.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 5003.7, as
amended by Section 5, Chapter 377, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 5003.7), is am ended to read as follows:
Section 5003.7. A. The Oklahoma Department of Commerce shall
prepare, with the cooperation of the Oklahoma business community,
agricultural community, financial community, universities, labor,
the state executive and legislative branches, and the Oklahoma
Workforce Commission, a five-year economic development plan and
annual updates for this state.
1. The purpose of the plan shall be to identify significant
economic, social, and demographic trends which may have both short -
term and long-term impacts on the state and local ec onomy and to
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present strategies and recommendations that the state and local
political subdivisions might adopt to improve or stabilize the
economy.
2. The goals of the plan shall include the development of a
diversified state economy; the increase of emp loyment; the maximum
use of federal, state and local funds to achieve the goals or
recommendations included in the plan; the maximum investment of
capital in the economy of the state; and the improvement of th e
quality of life in the state.
3. The plan wherever possible shall make recommendations to
encourage intergovernmental cooperation and public and private
cooperation.
4. The plan shall include an economic development strategy for
the state that addresses target industries, site development, and
workforce needs to meet the state goals.
5. Copies of the plan and the annual updates shall be submitted
electronically to the Oklahoma Advisory Committee on
Intergovernmental Relations, the Governor, the Speaker of the House
of Representatives, the President Pro Tempore of the Senate and the
members of the Legislative Evaluation and Development Committee, as
created in Section 8 of this act 5090.1 of this title , and be made
available to the public on the Department ’s website on the first day
of each legislative session.
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6. The Department shall develop and manage a complete economic
information system which will support the five -year planning
process, and which will make available complete and timely
information on the state economy. The economic information system
shall be operated by public or private Oklahoma universities or an
Oklahoma enterprise capable of providing such services in a cost -
effective manner.
B. The Chief Executive Officer of the Oklahoma Department of
Commerce shall present the strategic plan to the Legislative
Evaluation and Development Committee Oklahoma Department of Commerce
Board, as created in Section 8 4 of this act, for approval.
C. The Department, in conjunction with the Oklahoma Dev elopment
Finance Authority, is authorized to de velop an infrastructure
program which will enable political subdivisions of this state to
finance public works projects in order to modify or improve existing
public facilities for purposes of bringing such facilities, and the
operation thereof, into compl iance with and maintaining compliance
with federal, state and local laws and regulations pertaining to the
protection of the public health and the environment.
D. The Chief Executive Officer shall develop an annual business
plan for the Department. The b usiness plan shall include the need
and mission of each division of the Department created by law or the
Chief Executive Officer and an analysis of past costs and benefits
and future projected costs and benefits to the state of the programs
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of each division of the Department. The business plan shall be
consistent with the goals of the recurring five -year plan specified
in this section. The Chief Executive Officer shall distribute
copies of the business plan b y such means that will make it widely
available to communities, firms and local economic development
managers throughout this state.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5090.2 of Title 74, unless there
is created a duplicati on in numbering, reads as follows:
A. There is hereby created the Oklahoma Department of Commerce
Board. The Board shall constitute an advisory oversight board and
shall consist of nine (9) voting members, a s follows:
1. Two members to be appointed by t he President Pro Tempore of
the Senate; provided, at least one appointed member shall be from a
municipality with a population of fifty thousand (50,000) people or
less according to the latest Federal Decennial Census;
2. Two members to be appointed by th e Speaker of the House of
Representatives; provided, at least one appointed member shall be
from a municipality with a population of fifty thousand (50,000)
people or less according to the latest Federal Decen nial Census;
3. Four members to be appointed b y the Governor; provided, at
least one appointed member shall be:
a. an economic development practitioner from this state,
and
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b. from a municipality with a population of fifty
thousand (50,000) people or less according to the
latest Federal Decennial Cens us; and
4. The Secretary of Commerce, or his or her designee, who shall
serve as chair.
B. Five members of the Board shall constitute a quorum, and the
vote of the majority of members present shall be necess ary for any
action to be taken by the Board. N o 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 members of the
Board shall:
1. Have at least a minimum 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,
g. information technologies,
h. transportation,
i. workforce development,
j. manufacturing,
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k. biotechnology,
l. cybersecurity,
m. defense,
n. energy,
o. aviation,
p. entrepreneurship, or
q. any other critical industry in this state.
C. The initial terms for members of the Board:
1. Appointments of the President Pro Tempore of the Senate, one
appointee shall serve a one-year term and one appointee shall serve
a two-year term;
2. Appointments of the Speaker of the House of Representatives,
one appointee shall serve a one-year term and one appointee shall
serve a two-year term; and
3. Appointments of the Governor, two appointees shall serve
one-year terms and two appointees shall serve two-year terms.
Thereafter, the terms of members of the Board shall be for three
(3) years.
D. A vacancy on the Board shall be filled for the unexpired
term of office in the same manner as the original appointment. Each
appointed member shall serve at the pleasure of his or her
appointing authority and may be removed or replaced with cause.
E. The Board shall elect a vice chair and such other officers
deemed necessary to conduct the business of the Board from among its
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members. The chair shall preside over meetings of the Board, and
officers shall 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 no later than sixty (60) days afte r 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 as
provided in the State Travel Reimbursement Act.
G. A member serving on the Board shall be eligible 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 Statutes.
H. The meetings of the Board shall be subject to the Oklahoma
Open Meeting Act and the Oklahoma Open Records Act. The Board may
keep confidential:
1. Business plans, feasibility studies, financing proposals,
marketing plans, financial statements, or trade secrets submitted by
a person or entity seek ing economic advice, business development, or
customized training from such departments or school districts;
2. Proprietary information of the business submitted to the
departments or school districts for the purpose of business
development or customized training, and any related confidentiality
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agreements detailing the information or records designated as
confidential; and
3. Information compiled by such departments or school districts
in response to those submissions.
Executive sessions may be held to d iscuss such materials if
deemed necessary by the Board.
I. The Board may create working groups from time to time to
assist the Board in carrying out the provisions of this act. The
working groups may 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 Chief
Executive Officer of the Oklahoma Department of Commerce, Chief
Executive Officer of the Oklahoma Workforce Commission, and the
Secretary of Transportation.
J. The Board may solicit, accept, raise, and manage funds,
gifts, grants, sponsorships, and donations from private, federal,
and non-government sources.
SECTION 5. 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:
In addition to the other powers and duties prescribed by law,
the Oklahoma Department of Commerce Board , as created in Section 4
of this act, shall:
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1. Prescribe rules and policies for the transaction of its
business and the control of the Oklahoma Department of Commerce;
2. Review and approve the strategic plan and the budget, and
amend such to make supplemental appropriations;
3. Advise in the appointment and compensation of the Chief
Executive Officer;
4. Review and endorse any proposed economic projects with the
Legislative Evaluation and Development Committee; and
5. Annually report to the Governor and the Legislature
electronically on the operation, activities, and plans of the
Department, together with any recommendations for future activities
as the Board may deem to be in the best interest of the state.
SECTION 6. This act shall become effective January 1 , 2026.
COMMITTEE REPORT BY: COMMITTEE ON ECONOMIC DEVELOPMENT, WORKFORCE
AND TOURISM
February 25, 2025 - DO PASS AS AMENDED BY CS