Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB987 Latest Draft

Bill / Amended Version Filed 04/23/2025

                             
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
ENGROSSED SENATE 
BILL NO. 987 	By: Thompson of the Senate 
 
  and 
 
  Osburn and Blancett 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, Chapt er 
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 members; stating appointment 
terms; establishing Board procedures for election of 
chair and vice chair and presiding of meetings; 
allowing for certain reimbursement; 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 ef fective date. 
 
 
 
   
 
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF 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 Department 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 Offi cer” means the Chief Executive Officer 
of the Oklahoma Department 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 informati on on Oklahoma 
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 Legislatu re 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 activities 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 Executive 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 of 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 equall y 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 strategie s; 
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 sec tion shall be 
construed to limit the authority of the Legislature 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 re garding positions 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 economic development. 
F.  The Chief Executive Officer, 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 organizations, 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 amended 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 an d 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 bot h short-
term and long-term impacts on the state and local economy 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 dev elopment of a 
diversified state economy; the increase of employment; 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 impr ovement of the 
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 Development 
Finance Authority, is authorized to develop 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 bri nging such facilities, and the 
operation thereof, into compliance 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 shal l develop an annual business 
plan for the Department.  The business 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 cos ts 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 by 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 Sec tion 5090.2 of Title 74, unless there 
is created a duplication 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) voti ng members, as follows: 
1.  Two members to be appointed by the 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 Fed eral Decennial Census; 
2.  Two 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 fifty thousand (50,000) 
people or less according to the latest Federal Decennial Census; 
3.  Four members to be appointed by 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 Census; 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 sh all be necessary 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 members of the 
Board shall: 
1.  Have at least a mi nimum 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 develo pment, 
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 h er 
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 Bo ard, 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 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 as 
provided in the State Travel R eimbursement 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 Oklaho ma 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 state ments, or trade secrets submitted by 
a person or entity seeking 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 dist ricts 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 discuss 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 bu dget, 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 COMMERCE AND ECONOMIC DEVELOPMENT 
OVERSIGHT, dated 04/23/2025 - DO PASS, As Coauthored .