ENROLLED HOUSE
BILL NO. 2215	By:	Faught of the House

			   and

		Aldridge of the Senate

An Act relating to sunset; amending 11 O.S. 2011, Section 51-104, which relates to the Public Employees Relations Board; re-creating the Board; and modifying the termination date.

SUBJECT:  Public Employees Relations Board

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     11 O.S. 2011, Section 51-104, is amended to read as follows:

Section 51-104.  A.  There is hereby re-created, to continue until July 1, 2012 2016, in accordance with the provisions of the Oklahoma Sunset Law, Section 3901 et seq. of Title 74, the Public Employees Relations Board, which shall be composed of three (3) members appointed by the Governor, one of whom shall be designated as Chairman.  The Chairman shall be appointed for a term of five (5) years, commencing from July 1, 1972.  The other members shall be appointed for terms of one (1) and three (3) years, respectively, from July 1, 1972, but their successors shall be appointed for terms of five (5) years.  Two members of the Board shall constitute a quorum.  Any individual chosen to fill a vacancy on the Board shall be appointed only for the unexpired term.  The Chairman and members of the Board shall not receive a salary but shall receive compensation in lieu of expenses in the amount of Fifty Dollars ($50.00) per day for any meeting or the conduct of official duties, whether acting singly or collectively.

B.  To accomplish the objectives and to perform the duties prescribed by this article, the Board may subpoena witnesses, issue subpoenas to require the production of books, papers, records, and documents which may be needed as evidence of any matter under inquiry, and administer oaths and affirmations.  In cases of neglect or refusal to obey a subpoena issued to any person, the district court of the county in which the investigations or the public hearings are taking place, upon application by the Board, may issue an order requiring such person to appear before the Board and produce evidence about the matter under investigation.  A failure to obey such order may be punished by the court as a contempt.

C.  Any subpoena, notice of hearing, or other process or notice of the Board issued under the provisions of this article may be served personally, by registered mail, or by leaving a copy at the principal office of the person required to be served.  A return made and verified by the individual making such service and setting forth the manner of such service is proof of service, and a returned post office receipt, when registered or certified mail is used, is proof of service.

D.  The Board shall adopt, promulgate, amend, or rescind such rules as it deems necessary to carry out the provisions of this article.  Public hearings shall be held by the Board on any proposed rule of general applicability designed to implement, interpret, or prescribe policy, procedure or practice requirements under the provisions of this article and on any proposed change to such existing rule.  Reasonable notice shall be given prior to such hearings, which shall include the time, place, and nature of such hearing and the terms or substance of the proposed rule or the changes to such rule.

Passed the House of Representatives the 28th day of February, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 10th day of April, 2012.

	
Presiding Officer of the Senate