BILL NO. 621 By: Pugh of the Senate
Hill, Archer, and Lepak of the House
An Act relating to the Oklahoma Workforce Transformation Act; providing short title; defining terms; creating the Oklahoma Workforce Commission; providing purpose; requiring the Commission to consult certain groups; providing for membership; providing for qualification of commissioners; stating appointment terms; allowing for election of chair and vice chair; requiring certain meeting; allowing certain reimbursement; stating quorum; providing for powers, duties, and responsibilities of the Commission; and providing for codification.
SUBJECT: Workforce development
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 and 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 numbering, reads as follows:
As used in this act:
1. “Commission” means the Oklahoma Workforce Commission;
2. “Person” means any individual, group of individuals, or any partnership, corporation, association, 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 5003.10d 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 numbering, 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 purpose, the Commission is empowered to the fullest extent permitted by law to coordinate the funding 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. In carrying out its work, the Commission shall consult officials, leaders, and experts in workforce development including, but not limited to, state and local agencies, departments, educational institutions, boards, commissions, the private sector, and other leaders and experts. The Commission shall convene advisory committees consisting of relevant state and local agencies, departments, educational institutions, boards, commissions, the private sector, and other officials as the Commission deems appropriate. It is the intent of the Legislature that the Commission shall serve as a coordinating body for workforce development entities in the state and that workforce development entities will fully participate in and cooperate with the Commission’s activities, but the Commission shall not directly exercise governing control of state and local agencies, departments, educational institutions, boards, commissions, and other workforce development entities except as otherwise prescribed by law.
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 numbering, reads as follows:
A. The Oklahoma Workforce Commission shall consist of nine (9) members. The nine members shall be private sector leaders conducting 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, one of whom shall be designated by the Governor to serve as chair of the Commission.
B. The members of the Commission shall be qualified electors of this state and shall not be employed by any government entity or have been employed by a government entity within the preceding one-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. Commissioners may be appointed to subsequent terms without limit as to number.
D. Vacancies on the Commission shall be filled for the unexpired term of office in the same manner as the original appointment. The appointed members shall serve at the pleasure of the appointing authorities.
E. In addition to the chair appointed by the Governor, the Commission may establish and elect additional officers by a majority vote of the Commissioners. The chair shall preside over meetings of the Commission and officers shall perform duties as may be required by the Commission. The first meeting of the Commission shall be called by the chair no later than sixty (60) days after the effective date of this act.
F. No member of the Commission shall receive a salary for duties performed as a member of the Commission; however, members are eligible to receive reimbursement for expenses and travel reimbursement as provided for in the State Travel Reimbursement Act.
G. Members serving on the Commission 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. A quorum of five members shall be required to conduct official business of the Commission.
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 powers, duties, and responsibilities:
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 whatever other officers may be necessary to direct operations of the Commission;
4. To employ or contract for personnel and administrative support as the Commission deems appropriate 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 any other employees or contractors the Commission deems appropriate, and to prescribe their duties and fix their compensation;
5. To administer the Workforce Coordination Revolving Fund created in Section 255.4 of Title 62 of the Oklahoma Statutes;
6. To approve or disapprove the budget of the Commission;
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, supplies, 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 private, local, state, or national commission, organization, agency, or group and to make contracts and agreements for joint programs beneficial to Oklahoma’s workforce development efforts;
10. To accept donations, grants, contributions, and gifts from any public or private source and deposit such in the Workforce Coordination Revolving Fund, created in Section 255.4 of Title 62 of the Oklahoma Statutes;
11. 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;
12. To collect data from federal, state, and local agencies, departments, educational institutions, boards, commissions, or any other entities including, but not limited to:
a. number of participants in workforce development programming,
b. cost per participant,
c. wages before and after participation in programs,
d. degree or certificate conferred on each participant,
e. number of jobs open needing degrees or certificates,
f. labor force and economic information, and
g. any other information the Commission deems appropriate to guide funding decisions, facilitate its work or the work of workforce development entities in the state, or to understand the impact of the state’s workforce efforts and programming;
13. To create and maintain a public dashboard and create reports with data concerning workforce development efforts in the state. All state and local agencies, departments, educational institutions, boards, commissions, and other public entities shall cooperate with information and data requests from the Commission or its designees. It is the intent of the Legislature that the Oklahoma Workforce Commission serve as the centralized data and information repository for workforce development activities for the state; and
14. To make recommendations to the Legislature to improve workforce development programs in the state.
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of May, 2023.
Presiding Officer of the House