1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3252 By: Osburn and Bashore
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6 AS INTRODUCED
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7 An Act relating to state government; amending 74 O.S.
7 2021, Sections 5003.2, 5003.3, 5003.4, 5003.7, 5003.8
8 and 5003.10, which relate to the Oklahoma Department
8 of Commerce; modifying statement of needs; modifying
9 mission statement; modifying provisions related to
9 certain five-year plan; modifying provisions related
10 to annual report; modifying provisions related to
10 authority of agency; providing an effective date; and
11 declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 74 O.S. 2021, Section 5003.2, is
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16 amended to read as follows:
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17 Section 5003.2 A. Recognizing the geographic diversity of this
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18 state, Oklahoma needs one central, primary public-sector economic
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19 development agency for the state in order to manage or coordinate
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20 all public sector economic development activity a focus on long-term
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21 development of local communities to increase competitiveness and
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22 enhance economic opportunities.
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23 Oklahoma needs an agency to work at the community and firm level
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24 to:
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 1 1. Create new and higher quality jobs for the people of this
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2 state through the expansion, creation, restructuring and recruitment
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3 of export-oriented Oklahoma firms which produce value-added goods,
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4 services and processes long-term development of local communities;
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5 2. Encourage statewide economic diversification and stability;
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6 3. Maintain a two-way flow of information between the central
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7 state economic development agency and firms, farms and communities
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8 through regional organization and representation;
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9 4. Implement the strategic economic development five-year plan
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10 developed by the state economic development entity; and
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11 5. Carry out policy development and research in support of
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12 Oklahoma Futures the long-term competitiveness of Oklahoma;
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13 6. Provide technical assistance to local communities in
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14 securing federal funding, incentive availability, and community
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15 development;
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16 7. Provide assistance and funding in development of potential
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17 sites for economic development;
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18 8. Coordinate with other state agencies deploying federal and
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19 state funds for infrastructure development including, but not
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20 limited to, the Oklahoma Department of Transportation, the Oklahoma
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21 Water Resources Board, and the Oklahoma Broadband Office; and
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22 9. Assist in compliance with the laws and regulations of
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23 economic incentives and economic development initiatives.
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 1 B. The Oklahoma Department of Commerce is hereby constituted an
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2 agency of state government.
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3 C. Whenever the terms "Department of Economic Development" or
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4 "Department of Economic and Community Affairs" appear in the
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5 Oklahoma Statutes they shall mean and refer to the Oklahoma
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6 Department of Commerce.
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7 SECTION 2. AMENDATORY 74 O.S. 2021, Section 5003.3, is
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8 amended to read as follows:
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9 Section 5003.3 The mission of the Oklahoma Department of
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10 Commerce shall be to support firms', farms' and local communities'
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11 growth, diversification, expansion and ability to compete in export
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12 markets in order to create new and better jobs for Oklahomans
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13 throughout the state community development and allow communities to
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14 compete effectively in economic development opportunities.
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15 SECTION 3. AMENDATORY 74 O.S. 2021, Section 5003.4, is
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16 amended to read as follows:
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17 Section 5003.4 As used in the Oklahoma Department of Commerce
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18 Act:
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19 1. "Department" means the Oklahoma Department of Commerce;
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20 2. "Director" means the director Director of the Department of
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21 Commerce;
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22 3. "Enterprise" means a firm business with its principal place
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23 of business operations in Oklahoma;
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 1 4. "Economic Information System" means a comprehensive
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2 statewide data collection, analysis and distribution system which
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3 makes available current and thorough information on Oklahoma
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4 economic trends and future Oklahoma economic opportunities to
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5 communities, firms, farms and individuals in the state; firms and
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6 individuals outside the state considering location in Oklahoma; and
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7 Oklahoma Futures, the Governor, the Legislature and all other state
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8 agencies and institutions; and
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9 5. "Economic Innovation System" means a decentralized statewide
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10 system that responsively and innovatively coordinates technical
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11 assistance, grant and loan programs with local, state, federal and
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12 private sector activities into a single statewide Economic
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13 Innovation System.
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14 SECTION 4. AMENDATORY 74 O.S. 2021, Section 5003.7, is
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15 amended to read as follows:
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16 Section 5003.7 A. The Oklahoma Department of Commerce shall
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17 prepare, with the cooperation of the Oklahoma business community,
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18 agricultural community, financial community, universities, labor and
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19 the state executive and legislative branches, a five-year economic
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20 development infrastructure and community development plan and annual
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21 updates for the State of Oklahoma.
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22 1. The purpose of the plan shall be to identify significant
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23 economic, social, and demographic trends and development
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24 opportunities which may have both short-term and long-term impacts
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 1 on the state and local economy and to present strategies and
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2 recommendations that the state and local political subdivisions
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3 might adopt to improve or stabilize the economy.
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4 2. The goals of the plan shall include the development of a
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5 diversified state economy, increasing employment, the maximum use of
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6 federal, state and local funds to achieve the goals or
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7 recommendations included in the plan, the maximum investment of
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8 capital in the economy of the state, and the improvement of the
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9 quality of life in the state.
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10 3. The plan wherever possible shall make recommendations for
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11 infrastructure investment to encourage intergovernmental cooperation
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12 and public and private cooperation.
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13 4. Copies of the plan and the annual updates shall be submitted
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14 to the Oklahoma Advisory Committee on Intergovernmental Relations
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15 state economic development entity, the Governor, the Speaker of the
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16 House of Representatives, the President Pro Tempore of the Senate
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17 and the chairmen of the standing committees on economic development
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18 of the Senate and of the House of Representatives on the first day
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19 of each legislative session.
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20 5. The Department shall develop and manage a complete economic
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21 information system which will support the five-year planning
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22 process, and which will make available complete and timely
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23 information on the state economy. The economic information system
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24 shall may be operated by public or private Oklahoma universities or
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 1 an Oklahoma enterprise capable of providing such services in a cost-
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2 effective manner.
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3 6. The Department shall convene a working group of Oklahoma
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4 state agencies who invest state and federal funds to develop
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5 infrastructure to better coordinate and maximize deployment of
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6 funds. Agencies included in the working group shall include, but
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7 not be limited to, the Oklahoma Department of Transportation, the
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8 Oklahoma Water Resources Board, and the Oklahoma Broadband Office.
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9 7. The Department shall provide technical assistance to local
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10 communities seeking to pursue federal funding opportunities.
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11 Technical assistance may include identification of federal funding
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12 opportunities, grant writing support, data collection, and
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13 identifying funds to meet matching funds requirements.
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14 B. The Department, in conjunction with the Oklahoma Development
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15 Finance Authority, is authorized to develop an infrastructure
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16 program which will enable political subdivisions of this state to
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17 finance public works projects in order to modify or improve existing
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18 public facilities for purposes of bringing said facilities, and the
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19 operation thereof, into compliance with and maintaining compliance
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20 with federal, state and local laws and regulations pertaining to the
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21 protection of the public health and the environment.
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22 C. The Director shall develop an annual business plan for the
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23 Department. The business plan shall include the need and mission of
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24 each division of the Department created by law or the Director and
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 1 an analysis of past costs and benefits and future projected costs
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2 and benefits to the state of the programs of each division of the
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3 Department. The business plan shall be consistent with the goals of
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4 the recurring five-year plan specified in this section. The
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5 Director shall distribute copies of the business plan by such means
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6 that will make it widely available to communities, firms and local
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7 economic development managers throughout this state.
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8 SECTION 5. AMENDATORY 74 O.S. 2021, Section 5003.8, is
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9 amended to read as follows:
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10 Section 5003.8 In order to ensure that the Oklahoma Department
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11 of Commerce is effectively implementing its mission, purpose and
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12 objectives, the Department shall publish an annual report setting
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13 forth in detail the operations and programs conducted by it pursuant
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14 to this act or to other legislation. The report shall review both
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15 statewide progress and departmental progress according to several
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16 measures including objective measures listed in the Department's
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17 five-year plan. The Department shall present this report to the
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18 Governor and the Legislature. The annual report shall specifically
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19 account for ways in which the needs, mission and programs of the
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20 Department described in this act have been carried out and
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21 recommendations shall specifically note what changes in the
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22 activities of the Department and the programs it administers and of
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23 state government are necessary to better address the mission
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24 described in this act. The Department shall distribute its annual
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 1 report by such means that will make it widely available to
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2 communities, firms and local economic development managers
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3 throughout this state.
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4 SECTION 6. AMENDATORY 74 O.S. 2021, Section 5003.10, is
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5 amended to read as follows:
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6 Section 5003.10 The Oklahoma Department of Commerce shall have
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7 the authority to:
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8 1. Disseminate Maintain information concerning the industrial,
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9 commercial, governmental, educational, cultural, agricultural,
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10 business and other advantages and attractions of the state;
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11 2. Assist public and private agencies in the preparation of
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12 informational and publicity programs designed to attract or retain
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13 business and industry for the state plans for the development of
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14 local communities;
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15 3. Obligate and expend funds for services performed by local
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16 political subdivisions of the state, state agencies, including
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17 universities and colleges within and without the state, and federal
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18 agencies for research and training in conformity with the general
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19 state laws governing such activity; and apply for, accept,
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20 administer and expend grants from the federal government and any
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21 other public or private sources for research and training purposes;
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22 4. Conduct, publish and disseminate or encourage research
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23 designed to further new and more extensive uses of the natural and
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 1 other resources of the state and designed to develop and
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2 commercialize new products and commercial processes;
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3 5. Study trends and developments in the industries of the state
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4 and analyze the reasons underlying such trends; study costs within
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5 the state; and make recommendations regarding circumstances
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6 promoting or hampering business and industrial development;
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7 6. Generally gather, compile and make available economic
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8 analyses and statistical information relating to business, trade,
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9 commerce, industry, transportation, communication, natural
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10 resources, population and other like subjects in this state, with
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11 authority to call upon other agencies, universities and colleges of
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12 the state for statistical data and results obtained by them, and to
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13 arrange and compile such economic analyses and statistical
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14 information in such a manner as it deems advisable;
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15 7. Study such other scientific, industrial, financial and
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16 economic issues as, in the judgment of the Department, shall be
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17 deemed of value to the people of the state;
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18 8. Support and assist the efforts of state, regional and local
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19 development organizations, industrial committees, chambers of
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20 commerce, agricultural organizations, labor organizations and other
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21 similar public and private agencies to obtain new and to foster
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22 expansion of existing service, industrial and manufacturing
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23 facilities, businesses and enterprises; and to foster community
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24 improvements in leadership, expertise, human development,
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 1 infrastructure, public facilities and quality of life; and to expand
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2 data availability and utilization opportunities;
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3 9. Maintain a continuing evaluation of the sources available
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4 for the financing of the development or expansion of industrial,
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5 agricultural and commercial facilities in this state through both
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6 public and private agencies;
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7 10. Assist in obtaining financing for the development and
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8 expansion of industrial, agricultural and commercial facilities in
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9 the state;
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10 11. Serve as the state's official liaison agency between
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11 persons interested in locating new economic enterprises in Oklahoma
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12 and state and local groups seeking new enterprises. In this
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13 respect, the Department shall aid communities in organizing for and
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14 obtaining new businesses and expanding existing businesses and shall
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15 process requests which reflect interest in locating economic
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16 enterprises in the state resource for local communities by providing
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17 technical assistance for funding opportunities and community
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18 development;
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19 12. Promote the sale and facilitate the marketing of Oklahoma
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20 products including agricultural and value-added products in the
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21 international market;
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22 13. Encourage the location of foreign manufacturing plants and
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23 other industries in Oklahoma;
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 1 14. Coordinate the international efforts of the various state
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2 agencies without violating the individual authority given those
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3 agencies by statute;
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4 15. Coordinate and serve as liaison to the private sector as
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5 needed;
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6 16. Establish, subject to an annual appro