ENGROSSED SENATE
BILL NO. 772	By:	Jolley of the Senate

			and

		Shannon of the House

[ licensed professions - creating the Office of Business and Professional Facilitation within the Department of Commerce – codification – noncodification - effective date –		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 Facilitation 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 Facilitation shall oversee the transfer of all authority, powers, duties, responsibilities and personnel as provided in this act and, upon such transfer, shall regulate and have supervisory authority over all employees and subjects of licensure, registration, certification and accreditation.  The licenses, registrations, certifications and accreditations to be transferred shall include plumbing, electrical, mechanical, engineering, landscaping, building inspectors, architects, interior designers, boiler and pressure vessels, welders, alarms and locksmiths, elevators and elevator inspectors, land surveyors, roofing contractors, abstractors, accountants and certified public accountants, athletic agents, fighters and boxing, auctioneers, barbers, cosmetologists and manicurists, pet breeders, forestry, geologists, highway construction technicians, real estate appraisers, real estate brokers, real estate sales associates and leasing agents, mortgage brokers and mortgage loan originators, restaurant and food venders, food handlers and servers, motor vehicle dealers and parts dealers, and veterinarians.  Such trades, services, occupations and professions shall become the responsibility of the Under Secretary of Commerce upon transfer, pursuant to the respective powers, duties and authority set forth by law, and by rules promulgated for such trades, services, occupations and professions.
B.  The Under Secretary of Commerce of the Office of Business and Professional Facilitation 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 all industries, trades, occupations, and professions transferred in accordance with the provisions of this act.
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 Facilitation, subject to budgetary and fiscal limitations, and state appropriated funds, if any.  All personnel employed by an agency, board or commission on the date of transfer, shall continue to be employed as provided in the specific statutory provisions affecting such position within the transferred agency, board or commission pursuant to this act.
D.  The Under Secretary of Commerce shall, in consultation with the Office of State Finance, develop and implement a consolidation and transfer plan that shows a demonstrable fifteen percent (15%) savings for each transferred agency, board and commission for administration or other shared services.
SECTION 3.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  On the effective date of this act, all unexpended funds, property, furnishings, equipment, supplies, records, personnel, and outstanding financial obligations and encumbrances relating to the designated transfer specified in this act are hereby transferred to the Office of Business and Professional Facilitation within the Department of Commerce for the continuing performance of its duties.  No funds may be spent on anything other than for the performance of duties and responsibilities as directed and required by statute.
B.  1.  All transferred personnel may retain their employment position and status as unclassified or classified employees and shall become employees of the Department of Commerce on the date such employee is transferred pursuant to this act.  All transferred employees shall serve at the pleasure of the Under Secretary of Commerce who shall have authority to hire, assign and terminate employees under his or her authority.
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.
C.  All licenses, registrations, certifications and accreditations shall remain in full force and effect upon the transfer of the issuing agency's, board's, or commission's authority to the Under Secretary of Commerce.
D.  The Office of Business and Professional Facilitation 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.
F.  The Director of State Finance is hereby directed to affix a cap on the current licensing fees for each agency being transferred subject to this act.  The Director shall establish the criteria by which shared services are billed to each revolving fund transferred pursuant to this act.  The Director shall then lower the amount of each licensing fee upon savings being certified by the Office of State Finance for the respective professions and trades transferred pursuant to this act.
SECTION 4.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Oklahoma Department of Commerce shall conduct a study concerning ways to revitalize the rural communities of this state that lack the resources to implement infrastructure improvements, broadband technology, and health care needs.  The study shall be for the benefit of those rural communities with a population of not more than ten thousand (10,000) persons.
B.  In addition to other items deemed appropriate by the Department, the study shall include the feasibility of revitalizing these types of communities by combining resources of the public and private sectors to assist in the repairing, rebuilding, and restoring of the social, economic, and governmental fabric of the communities.  The Department shall work with ancillary groups whose main purpose is to assist in the revitalization of these underserved and underdeveloped communities.
C.  The Department shall provide a written report of its findings to the President Pro Tempore of the Senate and the Speaker of the House of Representatives prior to January 1, 2012.
SECTION 5.  This act shall become effective July 1, 2011.
SECTION 6.  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.
Passed the Senate the 15th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives