STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1755	By:	Sykes

AS INTRODUCED

An Act relating to the Construction Industries Board; amending 59 O.S. 2011, Sections 1000.2 and 1000.3, which relate to the appointment of Board members and officers; adding the Commissioner of Labor to the Board on certain date; increasing Board membership; deleting language; providing for staggered terms; providing for certain membership to terminate on certain date; changing annual organization date; allowing election of other officers; making the Commissioner of Labor the chair of the Board; providing compensation for Commissioner of Labor to be consistent with elected compensation; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 1000.2, is amended to read as follows:
Section 1000.2.  A.  The Construction Industries Board is hereby created to continue until July 1, 2013, in accordance with the provisions of the Oklahoma Sunset Law.  Beginning January 1, 2002, the The Board shall regulate the plumbing, electrical and mechanical trades, and building and construction inspectors through the powers and duties set forth in the Construction Industries Board Act and in the respective licensing acts for such trades.
B.  1.  Beginning July 1, 2008 November 1, 2012, the Board shall be composed of seven (7) the Commissioner of Labor and eight (8) members appointed by the Governor with the advice and consent of the Senate, as follows:
a.	two three members shall have at least ten (10) years' experience in the plumbing trade, of which one shall be a plumbing contractor and one shall be a journeyman plumber,
b.	two members shall have at least ten (10) years' experience in the electrical trade, of which one shall be an electrical contractor and one shall be a journeyman electrician,
c.	two members shall have at least ten (10) years' experience in the mechanical trade, of which one shall be a mechanical contractor and one shall be a mechanical journeyman, and
d.	one member shall have at least ten (10) years' experience as a building and construction inspector and shall be from a list recommended by a statewide organization of municipal governments
2.  Members shall be appointed for by the Governor shall serve staggered terms of four (4) years; provided, of those members initially appointed to the Board, five members shall be appointed for two-year terms, beginning September 1, 2001, and four members shall be appointed for four-year terms, beginning September 1, 2001, as designated by the Governor.  Members shall continue in office until a successor is appointed by the Governor.  The Governor shall fill all vacancies and unexpired terms in the same manner as the original appointment of the member whose position is to be filled.  Such members may be removed by the Governor for cause.
C.  On November 1, 2012, if a currently serving member of the Board is to be replaced by the Commissioner of Labor or the member's position does not meet the requirements for appointment in effect on November 1, 2012, the member shall be deemed to have vacated the position.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 1000.3, is amended to read as follows:
Section 1000.3.  A.  1.  The Construction Industries Board shall organize immediately after September 1, 2001, and annually thereafter, by November 1 each year by electing from among its members a chair and a vice-chair and other officers.  The Commissioner of Labor shall serve as chair.  The Board shall hold regularly scheduled meetings at least once each quarter at a time and place determined by the Board and may hold such special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be necessary.  A majority of the members of the Board shall constitute a quorum for the transaction of business.
2.  The chair shall preside at meetings of the Board, set the agenda, sign orders and other required documents, coordinate Board activities, and perform such other duties as may be prescribed by the Board.
3.  The vice-chair shall perform the duties of the chair during the absence or disability of the chair and shall perform such other duties as may be prescribed by the Board.
4.  The Construction Industries Administrator, at the discretion of the Board shall:
a.	keep a record of all proceedings of the Board and certify to actions of the Board,
b.	oversee the receipt and deposit of all monies received by the Board in the appropriate revolving funds,
c.	submit, at the first regular meeting of the Board after the end of each fiscal year, a full itemized report of the receipts and disbursements for the prior fiscal year, showing the amount of funds on hand, and
d.	perform such other duties as are prescribed in this act or as may be prescribed by the Board.
B.  The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.
C.  All members of the Board and such employees as determined by the Board shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
D.  The liability of any member or employee of the Board acting within the scope of Board duties or employment shall be governed by The Governmental Tort Claims Act.
E.  Members of the Board, except the Commissioner of Labor, shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.  The Commissioner of Labor shall serve and be paid the compensation provided for the elected office and shall not receive any additional compensation for serving as chair of the Board.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-2459	NP	1/19/2012 5:58:40 PM