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28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 1725 By: Pugh of the Senate | |
31 | + | ||
32 | + | and | |
33 | + | ||
34 | + | Osburn of the House | |
1 | 35 | ||
2 | 36 | ||
3 | 37 | ||
4 | 38 | ||
5 | - | An Act | |
6 | - | ENROLLED SENATE | |
39 | + | ||
40 | + | [ Occupational Licensing Review Act - Advisory | |
41 | + | Commission - sunset date - effective date - | |
42 | + | emergency ] | |
43 | + | ||
44 | + | ||
45 | + | ||
46 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
47 | + | and insert: | |
48 | + | ||
49 | + | ||
50 | + | ||
51 | + | ||
52 | + | "An Act relating to the Occupational Licensing Review | |
53 | + | Act; amending 40 O.S. 2021, Section 800.1, which | |
54 | + | relates to the Occupational Licensing Advisory | |
55 | + | Commission; providing termination date; providing an | |
56 | + | effective date; and declaring an emergency . | |
57 | + | ||
58 | + | ||
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61 | + | ||
62 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
63 | + | SECTION 1. AMENDATORY 40 O.S. 2021 , Section 800.1, is | |
64 | + | amended to read as follows: | |
65 | + | Section 800.1 There is hereby created the Occupational | |
66 | + | Licensing Advisory Commission. | |
67 | + | The Commission shall consi st of twelve (12) memb ers to be | |
68 | + | appointed and serve as follows: | |
69 | + | ||
70 | + | ENGR. H. A. to ENGR. S. B. NO. 1725 Page 2 1 | |
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95 | + | 1. The Commissioner of Labor shall serve coterminous with his | |
96 | + | or her office; | |
97 | + | 2. Two members of the House of Representatives shall be | |
98 | + | appointed by the Majority Leader of the House of Represen tatives. | |
99 | + | Each member shall serve an initial term of three (3) years; | |
100 | + | 3. One member of the House of Representatives shall be | |
101 | + | appointed by the Minority Leader of the House of Representatives, | |
102 | + | who shall serve an initial term of two (2) years; | |
103 | + | 4. Two members of the Senate shall be appointed by the Majority | |
104 | + | Leader of the Senate. Each member shall serve an initial term of | |
105 | + | three (3) years; | |
106 | + | 5. One member of the Senate sh all be appointed by the Minority | |
107 | + | Leader of the Senate, who shall serve an initial term of t wo (2) | |
108 | + | years; | |
109 | + | 6. The Chief Information Officer of the Office of Managem ent | |
110 | + | and Enterprise Services shall serve coterminous with his or her | |
111 | + | position; | |
112 | + | 7. Three members shall be appointed by the Governor, who shall | |
113 | + | represent an occupation or profession lice nsed in the state, and who | |
114 | + | shall each serve an initial term of one year. One appointee shall | |
115 | + | be a member of the medical communi ty, which may include but is not | |
116 | + | limited to a licensed physician, pharmacist or psychologist. One | |
117 | + | appointee shall be a member o f a trade profession, which may include | |
118 | + | but is not limited to a licensed alarm or locksmith professional or | |
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145 | + | electrician. One ap pointee shall be a member of the busi ness | |
146 | + | community, which may include but is not limited to a licensed public | |
147 | + | accountant or member of the real estate industry; and | |
148 | + | 8. One member shall be appointed b y the Governor who shall | |
149 | + | represent a not-for-profit organization that advocates for low - | |
150 | + | income persons or disadvantaged persons and who shall serve an | |
151 | + | initial term of one year. | |
152 | + | The Commission shall be subje ct to the Oklahoma Open Meeting Act | |
153 | + | and the Oklahoma Open Records Act. | |
154 | + | During membership on the Commission , no appointed member shall | |
155 | + | serve on any board, agency, committee or commission that regulates | |
156 | + | or governs the occupation or prof ession such member is appointed to | |
157 | + | represent. | |
158 | + | Members shall serve stagge red three-year terms, except for the | |
159 | + | initial term of office. Upon the expiration of a member 's term of | |
160 | + | office, such member may be reappointed. No member shall serve more | |
161 | + | than two consecutive full three-year terms. Any member vacancy | |
162 | + | shall be filled in t he same manner by the appointing authority for | |
163 | + | the unexpired term. A member may be removed b y either the | |
164 | + | appointing authority or a majority of the Commission members for | |
165 | + | failure to attend meetings or for c ause. | |
166 | + | The Commissioner of Labor, or his or her des ignee, shall chair | |
167 | + | each meeting. The Department of Labo r shall provide staff and | |
168 | + | administrative support to the Commission. | |
169 | + | ||
170 | + | ENGR. H. A. to ENGR. S. B. NO. 1725 Page 4 1 | |
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195 | + | Seven members shall constitute a quorum for purposes of | |
196 | + | conducting the business of the Commission. Meetings shall be called | |
197 | + | by the chair and may be held by electronic media or in any loca tion | |
198 | + | deemed appropriate by the chair. | |
199 | + | The purpose of the Commission is to conduct a review of each | |
200 | + | occupational or professional licensing act in this state not less | |
201 | + | than once every four (4) years and make recommendations to the | |
202 | + | Legislature. The first meet ing of the Commission shall be held | |
203 | + | before September 30, 2018, to develop a four -year schedule showing | |
204 | + | when each licensing act w ill be reviewed. Any new licensing act or | |
205 | + | new category of license enact ed by the Legislature for regulation by | |
206 | + | an existing licensing board, agency or commission sha ll be added to | |
207 | + | the four-year schedule and shall be initially reviewed within ninety | |
208 | + | (90) days of enactment. | |
209 | + | Annually the Commission shall hold at least one public meeting | |
210 | + | to present its findings on any occupational or p rofessional license | |
211 | + | it has reviewed. At the public meeting, the Commission shall allow | |
212 | + | public comments, make recommendations, a nd may vote whether to | |
213 | + | recommend to the Legislature that such license be maintained, | |
214 | + | modified, or repealed. The results of any public meeting held for | |
215 | + | the purpose of making legislative recommendations shall be provided | |
216 | + | in a written report to the Governor, President Pro Tempore of the | |
217 | + | Senate, and the Speaker of the House of Re presentatives prior to the | |
218 | + | legislative deadline set for requesting legislation for the upcomi ng | |
219 | + | ||
220 | + | ENGR. H. A. to ENGR. S. B. NO. 1725 Page 5 1 | |
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245 | + | legislative session. The report shall be made available on the | |
246 | + | Department of Labor's website for public inspe ction. | |
247 | + | The provisions of this section shall ce ase to have the force and | |
248 | + | effect of law and the Com mission shall be dissolved by operation of | |
249 | + | law on December 31, 2022. | |
250 | + | SECTION 2. This act shall become effective July 1, 2022. | |
251 | + | SECTION 3. It being immediately necessary for the preservation | |
252 | + | of the public peace, health or safety, an emergency is hereby | |
253 | + | declared to exist, by reason whereof this act shall take effect and | |
254 | + | be in full force from and after its passage and approval. " | |
255 | + | Passed the House of Representatives the 20th day of April, 2022. | |
256 | + | ||
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261 | + | Presiding Officer of the House of | |
262 | + | Representatives | |
263 | + | ||
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265 | + | Passed the Senate the ____ day of __________, 2022. | |
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271 | + | Presiding Officer of the Senate | |
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299 | + | ENGROSSED SENATE | |
7 | 300 | BILL NO. 1725 By: Pugh of the Senate | |
8 | 301 | ||
9 | 302 | and | |
10 | 303 | ||
11 | 304 | Osburn of the House | |
12 | 305 | ||
13 | 306 | ||
14 | 307 | ||
15 | - | An Act relating to the Occupational Licensing Review | |
16 | - | Act; amending 40 O.S. 2021, Section 800.1, which | |
17 | - | relates to the Occupational Licensing Advisory | |
18 | - | Commission; providing termination date; providing an | |
19 | - | effective date; and declaring an emergency . | |
308 | + | ||
309 | + | [ Occupational Licensing Review Act - Advisory | |
310 | + | Commission - sunset date - effective date - | |
311 | + | emergency ] | |
20 | 312 | ||
21 | 313 | ||
22 | 314 | ||
23 | - | SUBJECT: Occupational Licensing Review Act | |
24 | - | ||
25 | 315 | BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA: | |
26 | - | ||
27 | - | SECTION 1. AMENDATORY 40 O.S. 2021 , Section 800.1, is | |
316 | + | SECTION 4. AMENDATORY 40 O.S. 2021 , Section 800.1, is | |
28 | 317 | amended to read as follows: | |
29 | - | ||
30 | 318 | Section 800.1. There is hereby created the Occupational | |
31 | 319 | Licensing Advisory Commission. | |
32 | - | ||
33 | 320 | The Commission shall consist of twelve (12) memb ers to be | |
34 | 321 | appointed and serve as follows: | |
35 | - | ||
36 | 322 | 1. The Commissioner of Labor shall serve coterminous with his | |
37 | 323 | or her office; | |
38 | - | ||
39 | 324 | 2. Two members of the House of Representatives shall be | |
40 | 325 | appointed by the Majority Leader of the Hous e of Representatives. | |
41 | 326 | Each member shall serve an initial term of three (3) years; | |
42 | - | ||
43 | 327 | 3. One member of the House of Representatives shall be | |
44 | 328 | appointed by the Minority Leader of the House of Representatives, | |
45 | 329 | who shall serve an initial term of two (2) years; | |
46 | 330 | ||
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47 | 355 | ||
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49 | 356 | 4. Two members of the Senate shall be appointed by the Majority | |
50 | 357 | Leader of the Senate. Each member shall serve an initial term of | |
51 | 358 | three (3) years; | |
52 | - | ||
53 | 359 | 5. One member of the Senate shall be appointed by the Minority | |
54 | 360 | Leader of the Senate, who shall serve an init ial term of two (2) | |
55 | 361 | years; | |
56 | - | ||
57 | 362 | 6. The Chief Information Officer of the Office of Managem ent | |
58 | 363 | and Enterprise Services shall serve coterminous with his or her | |
59 | 364 | position; | |
60 | - | ||
61 | 365 | 7. Three members shall be appointed by the Governor, who shall | |
62 | 366 | represent an occupation or pr ofession licensed in the state, and who | |
63 | 367 | shall each serve an initial term of one year. One appointee shall | |
64 | 368 | be a member of the medical communi ty, which may include but is not | |
65 | 369 | limited to a licensed physician, pharmacist or psychologist. One | |
66 | 370 | appointee shall be a member of a trade profession, which may include | |
67 | 371 | but is not limited to a licensed alarm or locksmith professional or | |
68 | 372 | electrician. One ap pointee shall be a member of the business | |
69 | 373 | community, which may include but is not limited to a licensed public | |
70 | 374 | accountant or member of the real estate industry; and | |
71 | - | ||
72 | 375 | 8. One member shall be appointed b y the Governor who shall | |
73 | 376 | represent a not-for-profit organization that advocates for low - | |
74 | 377 | income persons or disadvantaged persons and who shall serve an | |
75 | 378 | initial term of one year. | |
76 | 379 | ||
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77 | 405 | The Commission shall be subje ct to the Oklahoma Open Meeting Act | |
78 | 406 | and the Oklahoma Open Records Act. | |
79 | - | ||
80 | 407 | During membership on the Commission , no appointed member shall | |
81 | 408 | serve on any board, agency, committee or commission that regulates | |
82 | 409 | or governs the occup ation or profession such member is appointed to | |
83 | 410 | represent. | |
84 | - | ||
85 | 411 | Members shall serve stagge red three-year terms, except for the | |
86 | 412 | initial term of office. Upon the expiration of a member 's term of | |
87 | 413 | office, such member may be reappointed. No member shall serve more | |
88 | 414 | than two consecutive full three -year terms. Any member vacancy | |
89 | 415 | shall be filled in t he same manner by the appointing authority for | |
90 | 416 | the unexpired term. A member may be removed by either the | |
91 | - | ||
92 | - | ENR. S. B. NO. 1725 Page 3 | |
93 | 417 | appointing authority or a majority of the Commission members for | |
94 | 418 | failure to attend meetings or for c ause. | |
95 | - | ||
96 | 419 | The Commissioner of Labor, or his or her des ignee, shall chair | |
97 | 420 | each meeting. The Department of Labo r shall provide staff and | |
98 | 421 | administrative support to the Commission. | |
99 | - | ||
100 | 422 | Seven members shall constitute a quorum for pur poses of | |
101 | 423 | conducting the business of the Commission. Meetings shall be called | |
102 | 424 | by the chair and may be held by electronic media or in any loca tion | |
103 | 425 | deemed appropriate by the chair. | |
104 | - | ||
105 | 426 | The purpose of the Commission is to conduct a review of each | |
106 | 427 | occupational or professional licensing act in this state not less | |
107 | 428 | than once every four (4) years and make recommendations to the | |
429 | + | ||
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108 | 455 | Legislature. The first meet ing of the Commission shall be held | |
109 | 456 | before September 30, 2018, to develop a four -year schedule showing | |
110 | 457 | when each licensing act will be reviewed. Any new licensing act or | |
111 | 458 | new category of license enact ed by the Legislature for regulation by | |
112 | 459 | an existing licensing board, agency or commission shall be added to | |
113 | 460 | the four-year schedule and shall be initially reviewed within n inety | |
114 | 461 | (90) days of enactment. | |
115 | - | ||
116 | 462 | Annually the Commission shall hold at least one public meeting | |
117 | 463 | to present its findings on any occupational or p rofessional license | |
118 | 464 | it has reviewed. At the public meeting, the Commission shall allow | |
119 | 465 | public comments, make recom mendations, and may vote whether to | |
120 | 466 | recommend to the Legislature that such license be maintained, | |
121 | 467 | modified, or repealed. The results of any public meeting held for | |
122 | 468 | the purpose of making legislative recommendations shall be provided | |
123 | 469 | in a written report to the Governor, President Pro Tempore of the | |
124 | 470 | Senate, and the Speaker of the House of Re presentatives prior to the | |
125 | 471 | legislative deadline set for requesting legislation for the upcoming | |
126 | 472 | legislative session. The report shall be made available on the | |
127 | 473 | Department of Labor's website for public inspe ction. | |
474 | + | 9. The provisions of this section shall ce ase to have the force | |
475 | + | and effect of law and the Com mission shall be dissolved by operation | |
476 | + | of law on December 31, 202 2. | |
477 | + | SECTION 5. This act shall become e ffective July 1, 2022. | |
128 | 478 | ||
129 | - | The provisions of this section shall ce ase to have the force a nd | |
130 | - | effect of law and the Com mission shall be dissolved by operation of | |
131 | - | law on December 31, 2022. | |
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132 | 503 | ||
133 | - | SECTION 2. This act shall become effective July 1, 2022. | |
134 | - | ||
135 | - | ||
136 | - | ENR. S. B. NO. 1725 Page 4 | |
137 | - | SECTION 3. It being immediately necessary for the preservation | |
504 | + | SECTION 6. It being immediately necessary for the preservation | |
138 | 505 | of the public peace, health or safety, an emergency is hereby | |
139 | 506 | declared to exist, by reason whereof this act shall take effect and | |
140 | 507 | be in full force from a nd after its passage and approval. | |
141 | - | ||
142 | - | ||
143 | - | ENR. S. B. NO. 1725 Page 5 | |
144 | - | Passed the Senate the 20th day of May, 2022. | |
508 | + | Passed the Senate the 23rd day of March, 2022. | |
145 | 509 | ||
146 | 510 | ||
147 | 511 | ||
148 | 512 | Presiding Officer of the Senate | |
149 | 513 | ||
150 | 514 | ||
151 | - | Passed the House of Representatives the 20th day of April, 2022. | |
515 | + | Passed the House of Representatives the ____ day of __________, | |
516 | + | 2022. | |
152 | 517 | ||
153 | 518 | ||
154 | 519 | ||
155 | 520 | Presiding Officer of the House | |
156 | 521 | of Representatives | |
157 | 522 | ||
158 | - | OFFICE OF THE GOVERNOR | |
159 | - | Received by the Office of the Governor this _______ _____________ | |
160 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
161 | - | By: _______________________________ __ | |
162 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
163 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
164 | 523 | ||
165 | - | _________________________________ | |
166 | - | Governor of the State of Oklahoma | |
167 | - | ||
168 | - | ||
169 | - | OFFICE OF THE SECRETARY OF STATE | |
170 | - | Received by the Office of the Secretary of State this _______ ___ | |
171 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
172 | - | By: _______________________________ __ |