Qualifications — Terms. 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, 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 Federal 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 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 shall 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 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, 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 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 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 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 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 districts for the purpose of business development or customized training, and any related confidentiality 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.
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