Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB987 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. S. B. NO. 987 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 60th Legislature (2025)
34		-
35	28		ENGROSSED SENATE
36	29		BILL NO. 987 By: Thompson of the Senate
37	30
38	31		and
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40		-	Osburn ~~and Blancett~~ of the
41		-	~~House~~
	33	+	Osburn of the House
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45	38		An Act relating to the Oklahoma Department of
46	39		Commerce; amending 74 O.S. 2021, Section 5003.4, as
47	40		amended by Section 3, Chapter 377, O.S.L. 2024 (74
48	41		O.S. Supp. 2024, Section 5003.4), which relates to
49	42		definitions; defining terms; amending 74 O.S. 2021,
50	43		Section 5003.5, as last amended by Section 4, Chapter
51	44		377, O.S.L. 2024 (74 O.S. Supp. 2024, Section
52	45		5003.5), which relates to the Chief Executive Officer
53	46		of the Oklahoma Department of Commerce; modifying
54	47		appointment procedures; amending 74 O.S. 2021,
55	48		Section 5003.7, as amended by Section 5, Chapter 377,
56	49		O.S.L. 2024 (74 O.S. Supp. 2024, Section 5003.7),
57	50		which relates to the five -year economic development
58	51		plan; designating who approves strategic plan;
59	52		updating statutory reference; creating the Oklahoma
60	53		Department of Commerce Board; providing for
61	54		membership; stating quorum; providing for
62	55		qualifications for Board members; stating appointment
63	56		terms; establishing Board procedur es for election of
64	57		chair and vice chair and presiding of meetings;
65	58		allowing for certain reim bursement; permitting
66	59		members to serve on other boards and commissions;
67	60		subjecting Board to the provisions of the Oklahoma
68	61		Open Meeting Act and Oklahoma Open Record s Act;
69	62		providing for use of executive sessions by Board;
70	63		stating other duties of the Board; providing for
71	64		codification; and providing an effective date.
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	68	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	69	+	SECTION 1. AMENDATORY 74 O.S. 2021, Section 5003.4, as
	70	+	amended by Section 3, Chapter 377, O.S.L. 2024 (74 O.S. Supp. 2024,
	71	+	Section 5003.4), is amended to read as follows:
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77		-	SB987 HFLR Page 2
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	73	+	ENGR. S. B. NO. 987 Page 2 1
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103		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
104		-	SECTION 1. AMENDATORY 74 O.S. 2021, Section 5003.4, as
105		-	amended by Section 3, Chapter 377, O.S.L. 2024 (74 O.S. Supp. 2024,
106		-	Section 5003.4), is amended to read as follows:
107	98		Section 5003.4. As used in the Oklahoma Department of Commerce
108	99		Act:
109	100		1. “Department” means the Oklahoma Department of Commerce
110	101		“Board” means the Oklahoma Department of Commerce Board created in
111	102		Section 4 of this act ;
112	103		2. “Chief Executive Officer ” means the Chief Executive Officer
113	104		of the Oklahoma Department of Commerce;
114	105		3. “Committee” means the Legislative E valuation and Development
115	106		Committee as created in Section 5090.1 of this title;
116	107		4. “Department” means the Oklahoma Department of Commerce;
117	108		3. 5. “Enterprise” means a firm with its principal place of
118	109		business in Oklahoma;
119	110		4. 6. “Economic Information Syst em” means a comprehensive
120	111		statewide data collection, analysis and distribution system which
121	112		makes available current and thorough information on Oklahoma
122	113		economic trends and future Oklahoma economic opportunities to
123	114		communities, firms, farms and individuals in the state; firms and
124	115		individuals outside the state considering location in Oklahoma; and
125	116		Oklahoma Futures, the Governor, the Legislature and all other state
126	117		agencies and institutions; and
	118	+	5. 7. “Economic Innovation System ” means a decentralized
	119	+	statewide system that responsively and innovatively coordinates
	120	+	technical assistance, grant and loan programs with local, state,
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128		-	SB987 HFLR Page 3
129		-	BOLD FACE denotes Committee Amendments. 1
	122	+	ENGR. S. B. NO. 987 Page 3 1
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154		-	5. 7. “Economic Innovation System ” means a decentralized
155		-	statewide system that responsively and innovatively coordinates
156		-	technical assistance, grant and loan programs with local, state,
157	147		federal and private sector ac tivities into a single statewide
158	148		Economic Innovation System.
159	149		SECTION 2. AMENDATORY 74 O.S. 2021, Section 5003.5, as
160	150		last amended by Section 4, Chapter 377, O.S.L. 2024 (74 O.S. Supp.
161	151		2024, Section 5003.5), is amended to read as follows:
162	152		Section 5003.5. A. The Chief Executive Officer of the Oklahoma
163	153		Department of Commerce shall be appointed by the Governor with the
164	154		advice and consent of the Senate Oklahoma Department of Commerce
165	155		Board created in Section 4 of this act . The Chief Executive Officer
166	156		shall serve at the pleasure of the Governor Board and shall continue
167	157		to serve until a successor is duly appointed and qualified. The
168	158		salary of the Chief Executive Officer shall be compensated in a
169	159		manner that compares equally to similar positions in the private
170	160		sector. The salary of the Chief Executive Officer shall not be set
171	161		pursuant to the standards provided in Section 3601.2 of this title.
172	162		B. The Chief Executive Officer shall be qualified for such
173	163		position by character, personality, ability, education, training and
174	164		successful administrative experience in the public or private
175	165		sector. The Chief Executive Officer shall have experience that
176	166		includes, but is not limited to:
177	167		1. Economic development program leadership;
	168	+	2. Business development leadership;
	169	+	3. Senior-level board management and leadership;
	170	+	4. Senior-level business and politi cal engagement;
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179		-	SB987 HFLR Page 4
180		-	BOLD FACE denotes Committee Amendments. 1
	172	+	ENGR. S. B. NO. 987 Page 4 1
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205		-	2. Business development leadership;
206		-	3. Senior-level board management and leadership;
207		-	4. Senior-level business and political engagement;
208	197		5. Leading business development or business recruitment teams;
209	198		6. Creating and implementing sector development strategies;
210	199		7. Branding and marketing leadership experience; and
211	200		8. Experience in recruiting companies to a state or communit y.
212	201		C. The Chief Executive Officer shall employ such persons as are
213	202		necessary to implement the powers and duties of the Department.
214	203		Because many of the powers and duties of the Department involve
215	204		working closely with the private sector, certain employee p ositions
216	205		of the Department shall be employed and compensated in a manner that
217	206		compares equally to similar positions in the private sector and
218	207		shall be exempt from the provisions of the Civil Service and Human
219	208		Capital Modernization Act. All other employees and positions shall
220	209		be subject to the provisions of the Civil Service and Human Capital
221	210		Modernization Act. Provided, nothing in this section shall be
222	211		construed to limit the authority of the Legislature to specify the
223	212		status of positions otherwise by law. Neither shall the Chief
224	213		Executive Officer have the authority to circumvent, disregard or
225	214		otherwise disobey specific provisions of law regarding positi ons in
226	215		the Department.
227	216		D. The Chief Executive Officer shall serve on the board of:
228	217		1. The Oklahoma Ind ustrial Finance Authority;
	218	+	2. The Oklahoma Development Finance Authority; and
	219	+	3. The Oklahoma Ordnance Works Authority.
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230		-	SB987 HFLR Page 5
231		-	BOLD FACE denotes Committee Amendments. 1
	221	+	ENGR. S. B. NO. 987 Page 5 1
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256		-	2. The Oklahoma Development Finance Authority; and
257		-	3. The Oklahoma Ordnance Works Authority.
258	246		E. The Chief Executive Officer may serve as administrator of
259	247		any interlocal agreement or compact to pursue economic development
260	248		and to assign any employees of the Department or employee personnel
261	249		to carry out duties or obligations pursuant to any interlocal
262	250		agreement or compact for ec onomic development.
263	251		F. The Chief Executive Officer, at his or her discretion, may
264	252		approve payment for a ffiliations or memberships of the Department
265	253		or, if necessary, associate memberships for individual employees in
266	254		international, national, or state economic development councils,
267	255		professional organizations, or governmental associations.
268	256		SECTION 3. AMENDATORY 74 O.S. 2021, Section 5003.7, as
269	257		amended by Section 5, Chapter 377, O.S.L. 2024 (74 O.S. Supp. 2024,
270	258		Section 5003.7), is ame nded to read as follows:
271	259		Section 5003.7. A. The Oklahoma Department of Commerce shall
272	260		prepare, with the cooperation of the Oklahoma business community,
273	261		agricultural community, financial community, universities, labor,
274	262		the state executive and legislative branches, and the Oklahoma
275	263		Workforce Commission, a five -year economic development plan and
276	264		annual updates for this state.
277	265		1. The purpose of the plan shall be to identify significant
278	266		economic, social, and demographic trends which may have both short -
279	267		term and long-term impacts on the state and local economy and to
	268	+	present strategies and recommendations that t he state and local
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281		-	SB987 HFLR Page 6
282		-	BOLD FACE denotes Committee Amendments. 1
	270	+	ENGR. S. B. NO. 987 Page 6 1
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307		-	present strategies and recommendations that the state and local
308	295		political subdivisions might adopt to improve or stabilize the
309	296		economy.
310	297		2. The goals of the plan shall include the development of a
311	298		diversified state economy; the increase of employment; the maximum
312	299		use of federal, state and local funds to achieve the goals or
313	300		recommendations included in the plan; the maximum investment of
314	301		capital in the economy of the state; and the improvement of the
315	302		quality of life in the state.
316	303		3. The plan wherever possible shall make recommendations to
317	304		encourage intergovernmental cooperation and public and private
318	305		cooperation.
319	306		4. The plan shall include an economic development strategy for
320	307		the state that addresses target industries, site development, and
321	308		workforce needs to meet the state goals.
322	309		5. Copies of the pla n and the annual updates shall be submitted
323	310		electronically to the Oklahoma Advisory Committee on
324	311		Intergovernmental Relations, the Governor, the Speaker of the House
325	312		of Representatives, the President Pro Tempore of the Senate and the
326	313		members of the Legislat ive Evaluation and Development Committee, as
327	314		created in Section 8 of this act 5090.1 of this title , and be made
328	315		available to the public on the Department ’s website on the first day
329	316		of each legislative session.
	317	+	6. The Department shall develop and manage a complete economic
	318	+	information system which will support the five -year planning
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331		-	SB987 HFLR Page 7
332		-	BOLD FACE denotes Committee Amendments. 1
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357		-	6. The Department shall develop and manage a complete economic
358		-	information system which will support the five -year planning
359	345		process, and which will make available complete and timely
360	346		information on the state economy. The economic information system
361	347		shall be operated by public or private Oklahoma uni versities or an
362	348		Oklahoma enterprise capable of providing such services in a cost -
363	349		effective manner.
364	350		B. The Chief Executive Officer of the Oklahoma Department of
365	351		Commerce shall present the strategic plan to the Legislative
366	352		Evaluation and Development Committ ee Oklahoma Department of Commerce
367	353		Board, as created in Section 8 4 of this act, for approval.
368	354		C. The Department, in conjunction with the Oklahoma Deve lopment
369	355		Finance Authority, is authorized to develop an infrastructure
370	356		program which will enable politica l subdivisions of this state to
371	357		finance public works projects in order to modify or improve existing
372	358		public facilities for purposes of bringing such facilities, and the
373	359		operation thereof, into compliance with and maintaining compliance
374	360		with federal, state and local laws and regulations pertaining to the
375	361		protection of the public health and the environment.
376	362		D. The Chief Executive Officer shall develop an a nnual business
377	363		plan for the Department. The business plan shall include the need
378	364		and mission of each di vision of the Department created by law or the
379	365		Chief Executive Officer and an analysis of past costs and benefits
380	366		and future projected costs and benefits to the state of the programs
	367	+	of each division of the Department. The business plan shall be
	368	+	consistent with the goals of the recurring five -year plan specified
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382		-	SB987 HFLR Page 8
383		-	BOLD FACE denotes Committee Amendments. 1
	370	+	ENGR. S. B. NO. 987 Page 8 1
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408		-	of each division of the Department. The business plan shall be
409		-	consistent with the goals of the recurring five -year plan specified
410	395		in this section. The Chief Executive Officer shall distribute
411	396		copies of the business plan by such means that will make it widely
412	397		available to communities, firms and local economic development
413	398		managers throughout this state.
414	399		SECTION 4. NEW LAW A new section of law to be codified
415	400		in the Oklahoma Statutes as Section 5090.2 of Title 74, unless there
416	401		is created a duplication in numbering, reads as follows:
417	402		A. There is hereby cre ated the Oklahoma Department of Commerce
418	403		Board. The Board shall constitute an advisory oversight board and
419	404		shall consist of nine (9) voting members, as follows:
420	405		1. Two members to be appointed by the President Pro Tempore of
421	406		the Senate; provided, at least one appointed member shall be from a
422	407		municipality with a population of fifty thousand (50,000) people or
423	408		less according to the latest Federal Decennial Census;
424	409		2. Two members to be appointed by the Speaker of the House of
425	410		Representatives; provided, at le ast one appointed member shall be
426	411		from a municipality with a population of fifty thousand (50,000)
427	412		people or less according to the latest Federal Decenn ial Census;
428	413		3. Four members to be appointed by the Governor; provided, at
429	414		least one appointed member sh all be:
430	415		a. an economic development practitioner from this state,
431	416		and
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433		-	SB987 HFLR Page 9
434		-	BOLD FACE denotes Committee Amendments. 1
	418	+	ENGR. S. B. NO. 987 Page 9 1
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459	443		b. from a municipality with a population of fifty
460	444		thousand (50,000) people or less according to the
461	445		latest Federal Decennial Census; and
462	446		4. The Secretary of Commerce, or his or her desig nee, who shall
463	447		serve as chair.
464	448		B. Five members of the Board shall constitute a quorum, and the
465	449		vote of the majority of members present shall be necessa ry for any
466	450		action to be taken by the Board. No vacancy in the membership of
467	451		the Board shall impair the rights of a quorum to exercise and
468	452		perform all the rights and duties of the Board. The members of the
469	453		Board shall:
470	454		1. Have at least a minimum of five (5) years of experience
471	455		working in the private sector; and
472	456		2. Possess expertise in at least one of the following areas:
473	457		a. marketing,
474	458		b. international commerce,
475	459		c. finance or grant administration,
476	460		d. state, regional, or local economic development,
477	461		e. incentive evaluation programs,
478	462		f. law,
479	463		g. information technologies,
480	464		h. transportation,
481	465		i. workforce development,
482	466		j. manufacturing,
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484		-	SB987 HFLR Page 10
485		-	BOLD FACE denotes Committee Amendments. 1
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510	493		k. biotechnology,
511	494		l. cybersecurity,
512	495		m. defense,
513	496		n. energy,
514	497		o. aviation,
515	498		p. entrepreneurship, or
516	499		q. any other critical industry in this state.
517	500		C. The initial terms for members of the Board:
518	501		1. Appointments of the President Pro Tempo re of the Senate, one
519	502		appointee shall serve a one-year term and one appointee shall serve
520	503		a two-year term;
521	504		2. Appointments of the Speaker of the House of Representatives,
522	505		one appointee shall serve a one-year term and one appointee shall
523	506		serve a two-year term; and
524	507		3. Appointments of the Governor, two appointees shall serve
525	508		one-year terms and two appointees shall serve two-year terms.
526	509		Thereafter, the terms of members of the Board shall be for three
527	510		(3) years.
528	511		D. A vacancy on the Board shall be filled for t he unexpired
529	512		term of office in the same manner as the original appointment. Each
530	513		appointed member shall serve at the pleasure of his or her
531	514		appointing authority and may be removed or replaced with cause.
532	515		E. The Board shall elect a vice chair and such oth er officers
533	516		deemed necessary to conduct the business of the Board from among its
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535		-	SB987 HFLR Page 11
536		-	BOLD FACE denotes Committee Amendments. 1
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561	543		members. The chair shall preside over meetings of the Board, and
562	544		officers shall perform duties as may be required by the Board. The
563	545		initial appointments of the Board shall b e made within thirty (30)
564	546		days after the effective date of this act. The first meeting of the
565	547		Board shall be called no later than sixty (60) days after the
566	548		effective date of this act.
567	549		F. No member of the Board shall receive a salary or
568	550		reimbursement for duties performed as a member of the Board;
569	551		however, members are eligible to receive travel reimbursement as
570	552		provided in the State Travel Reimbursement Act.
571	553		G. A member serving on the Board shall be eligible to serve on
572	554		any other state board or commission if such member is otherwise
573	555		qualified to hold such appointed office, notwithstanding the
574	556		provisions of Section 6 of Title 51 of the Oklahoma Statutes.
575	557		H. The meetings of the Board shall be subject to the Oklahoma
576	558		Open Meeting Act and the Oklahoma Open Rec ords Act. The Board may
577	559		keep confidential:
578	560		1. Business plans, feasibility studies, financing proposals,
579	561		marketing plans, financial statements, or trade secrets submitted by
580	562		a person or entity seeking economic advice, business development, or
581	563		customized training from such departments or school districts;
582	564		2. Proprietary information of the business submitted to the
583	565		departments or school districts for the purpose of business
584	566		development or customized training, and any related confidentiality
585	567
586		-	SB987 HFLR Page 12
587		-	BOLD FACE denotes Committee Amendments. 1
	568	+	ENGR. S. B. NO. 987 Page 12 1
588	569		2
589	570		3
590	571		4
591	572		5
592	573		6
593	574		7
594	575		8
595	576		9
596	577		10
597	578		11
598	579		12
599	580		13
600	581		14
601	582		15
602	583		16
603	584		17
604	585		18
605	586		19
606	587		20
607	588		21
608	589		22
609	590		23
610	591		24
611	592
612	593		agreements detailing the information or records designated as
613	594		confidential; and
614	595		3. Information compiled by such departments or school districts
615	596		in response to those submissions.
616	597		Executive sessions may be held to discuss such materials if
617	598		deemed necessary by the Board.
618	599		I. The Board may create working groups from time to time to
619	600		assist the Board in carrying out the provisions of this act. The
620	601		working groups may consist of members from governmental agencies and
621	602		members of the private sector of this state as appointed by th e
622	603		members of the Board including, but not limited to, the Chief
623	604		Executive Officer of the Oklahoma Department of Commerce, Chief
624	605		Executive Officer of the Oklahoma Workforce Commission, and the
625	606		Secretary of Transportation.
626	607		J. The Board may solicit, accept, raise, and manage funds,
627	608		gifts, grants, sponsorships, and donations from private, federal,
628	609		and non-government sources.
629	610		SECTION 5. NEW LAW A new section of law to be codified
630	611		in the Oklahoma Statutes as Section 5090.3 of Title 74, un less there
631	612		is created a duplication in numbering, reads as follows:
632	613		In addition to the other powers and duties prescribed by law,
633	614		the Oklahoma Department of Commerce Board , as created in Section 4
634	615		of this act, shall:
635	616
636		-	SB987 HFLR Page 13
637		-	BOLD FACE denotes Committee Amendments. 1
	617	+	ENGR. S. B. NO. 987 Page 13 1
638	618		2
639	619		3
640	620		4
641	621		5
642	622		6
643	623		7
644	624		8
645	625		9
646	626		10
647	627		11
648	628		12
649	629		13
650	630		14
651	631		15
652	632		16
653	633		17
654	634		18
655	635		19
656	636		20
657	637		21
658	638		22
659	639		23
660	640		24
661	641
662	642		1. Prescribe rules and policies for th e transaction of its
663	643		business and the control of the Oklahoma Department of Commerce;
664	644		2. Review and approve the strategic plan and the budget, and
665	645		amend such to make supplemental appropriations;
666	646		3. Advise in the appointment and compensation of the Chief
667	647		Executive Officer;
668	648		4. Review and endorse any proposed economic projects with the
669	649		Legislative Evaluation and Development Committee; and
670	650		5. Annually report to the Governor and the Legislature
671	651		electronically on the operation, activities, and plans of the
672	652		Department, together with any recommendations for future activities
673	653		as the Board may deem to be in the best interest of the state.
674	654		SECTION 6. This act shall become effective January 1, 2026.
	655	+	Passed the Senate the 18th day of March, 2025.
675	656
676		-	COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
677		-	OVERSIGHT, dated 04/23/2025 - DO PASS, As Coauthored .
	657	+
	658	+
	659	+	Presiding Officer of the Senate
	660	+
	661	+
	662	+	Passed the House of Representatives the ____ day of __________,
	663	+	2025.
	664	+
	665	+
	666	+
	667	+	Presiding Officer of the House
	668	+	of Representatives
	669	+