STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 772	By:	Jolley

AS INTRODUCED

An Act relating to licensed professions; amending 74 O.S. 2001, Section 5003.3, which relates to mission of the Department of Commerce; expanding mission; creating the Office of Business and Professional Oversight within the Department of Commerce; providing for Sunset review; setting date for certain transfer of personnel and authority; providing for appointment of Under Secretary of Commerce by Governor; requiring advice and consent of Senate; providing authority to set salary; establishing certain powers and duties for Under Secretary of Commerce; authorizing hiring of personnel; making hiring subject to budget and fiscal limitations; transferring certain authority, powers and duties to Office of Business and Professional Oversight; setting specific law and entities to be transferred; providing for transfer of funds, property, personnel, obligations and memberships; authorizing assignment of office space; requiring the Director of State Finance to coordinate transfer of funds; providing for codification; providing for noncodification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2001, Section 5003.3, is amended to read as follows:
Section 5003.3.  The mission of the Oklahoma Department of Commerce shall be to support firms', farms' and local communities' growth, diversification, expansion and ability to compete in a variety of business environments, including but not limited to export markets, in order to create new and better jobs for Oklahomans throughout the state.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5009A of Title 74, unless there is created a duplication in numbering, reads as follows:
A.  The Office of Business and Professional Oversight is hereby created within the Department of Commerce to continue until July 1, 2015, in accordance with the provisions of the Oklahoma Sunset Law.  Beginning July 1, 2011, the Office of Business and Professional Oversight shall oversee the transfer all authority, powers, duties, responsibilities and personnel as provided in this act and shall regulate, upon such transfer, the plumbing, electrical, mechanical, engineering, landscaping, building inspectors, architects, interior designers, boiler and pressure vessels, welders, alarms and locksmiths, elevators, land surveyors, and roofer trades and professions through the powers, duties and regulations set forth in the respective licensing acts, statutory provisions, and rules promulgated for such trades and professions.
B.  The Under Secretary of Commerce for the Office of Business and Professional Oversight shall be appointed by the Governor, with the advice and consent of the Senate.  The Under Secretary of Commerce shall serve at the pleasure of the Governor who shall set the salary of the Under Secretary of Commerce in accordance with the salary range of commensurate positions established by the Office of Personnel Management.  The Under Secretary of Commerce position shall be an unclassified and at-will employment.  The Under Secretary of Commerce shall have the power, duty and responsibility to provide oversight and to supervise and administer the construction industries and professions in accordance with the statutory and rule authority for each trade or profession.
C.  The Under Secretary of Commerce shall hire and set salaries of personnel within the limitations of full-time-equivalence positions authorized for personnel under the supervision and authority of the Office of Business and Professional Oversight, subject to budgetary and fiscal limitations, and state appropriated funds, if any.
SECTION 3.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  There is hereby transferred to the Office of Business and Professional Oversight within the Department of Commerce the following:
1.  From the State Department of Health: All authority, powers, duties and responsibilities of the Alarm and Locksmith Industry Act, Chapter 43 of Title 59 of the Oklahoma Statutes;
2.  From the Department of Labor:  All authority, powers, duties and responsibilities of the Boiler and Pressure Vessel Safety Act, Section 141.1 et seq. of Title 40 of the Oklahoma Statutes; the Oklahoma Asbestos Control Act, Section 450 et seq. of Title 40 of the Oklahoma Statutes; the Oklahoma Welding Act, Section 1624 et seq. of Title 59 of the Oklahoma Statutes; and the Elevator Safety Act, Chapter 56A of Title 59 of the Oklahoma Statutes;
3.  All authority, powers, duties and responsibilities of the State Architectural and Registered Interior Designers Act, Section 46.1 of Title 59 of the Oklahoma Statutes;
4.  All authority, powers, duties and responsibilities of the State Board of Registration for Professional Engineers and Land Surveyors, as provided in Section 475.3 of Title 59 of the Oklahoma Statutes;
5.  All authority, powers, duties and responsibilities of the Construction Industries Board Act, Chapter 26A of Title 59 of the Oklahoma Statutes; and
6.  From the Construction Industries Board: All authority, powers, duties and responsibilities of the State Plumbing License Law of 1955, Chapter 27 of Title 59 of the Oklahoma Statutes; the Oklahoma Inspectors Act, Chapter 27A of Title 59 of the Oklahoma Statutes; the Roofing Contractors Registration Act, Chapter 30 of Title 59 of the Oklahoma Statutes; the Electrical License Act, Chapter 40A of title 59 of the Oklahoma Statutes; and the Mechanical Licensing Act, Chapter 43A of Title 59 of the Oklahoma Statutes.
B.  All unexpended funds, property, furnishings, equipment, supplies, records, personnel, and outstanding financial obligations and encumbrances relating to the designated transfer specified in subsection A of this section are hereby transferred to the Office of Business and Professional Oversight within the Department of Commerce.
C.  1.  All transferred personnel may retain their employment position and status as unclassified or classified employees.
2.  All transferred contract personnel and any written contracts or agreements, or portions thereof, relating to any transferred personnel or any right, obligation, responsibility, duty or authority subject to the transfer specified in subsection A of this section, shall remain in full force and effect upon transfer.
3.  All board and commission members subject to the transfer provided by the provisions of this act shall retain such selection, appointment, assignment or membership term as provided by law, except when the Board or Commission or any membership position thereof is lawfully abolished or amended by law.
D.  The Office of Business and Professional Oversight within the Department of Commerce may rent office space, continue current office space arrangements, or shall assign office space through the Department of Central Services pursuant to Section 94 of Title 74 of the Oklahoma Statutes as may be necessary.
E.  The Director of State Finance is hereby directed to coordinate the transfer of funds, allotments, purchase orders, and outstanding financial obligations, or encumbrances, provided for by the provisions of this act.
SECTION 4.  This act shall become effective July 1, 2011.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-1171	NP	1/19/2011 8:36:47 PM