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Oklahoma House Bill HB2858

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2858 Compare Versions

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334 BILL NO. 2858 By: Wallace of the House
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536 and
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738 Coleman of the Senate
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1445 An Act relating to the Construction Industries Board;
1546 amending 59 O.S. 2021, Section 1000.2, which relates
1647 to the recreation of the Board; amending regulated
1748 industries; amending 59 O.S. 2021, Section 1000.4 ,
1849 which relates to the po wers of the Board; amending
1950 the scope of the Board; authorizing certain members
2051 to make specific changes to meetings; altering
2152 receipt of certain reports; modifying when certain
2253 votes must occur; amending 59 O.S. 2021, Section
2354 1000.4a, which relates to additional powers of the
2455 Board; providing for sharing certain information
2556 related to workforce; modifying certain contracting
2657 ability; implementing reporting requirements for
2758 certain funds; creating processes for reclaiming
2859 lapsed funds; providing an effective date; and
2960 declaring an emergency .
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34-SUBJECT: Construction Industries Board
35-
3665 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3866 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1000.2, is
3967 amended to read as follows:
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4168 Section 1000.2 A. The Construction Industries Board is hereby
4269 re-created to continue un til July 1, 2023, in accordance with the
4370 provisions of the Oklahoma Sunset Law. The Boar d shall regulate the
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4498 plumbing, electrical and mechanical trades, the building and
4599 construction inspectors, the home inspectors, and the roofing
46-contractors through the powers and duties set fo rth in the ENR. H. B. NO. 2858 Page 2
100+contractors through the powers and duties set fo rth in the
47101 Construction Industrie s Board Act and in the respecti ve licensing or
48102 registration acts for such tra des, or as otherwise provided by law.
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50103 B. 1. Beginning July 1, 2013, the Board shall be composed of
51104 seven (7) members ap pointed by the Governor w ith the advice and
52105 consent of the Senate, as follows:
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54106 a. two members shall have at least ten (10) years'
55107 experience in the plumbing trade, of which one shall
56108 be a plumbing contractor and one shall be a journeyman
57109 plumber,
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59110 b. two members shall have at least ten (10) years'
60111 experience in the electrical trade, of which on e shall
61112 be an electrical contractor and one sh all be a
62113 journeyman electrician,
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64114 c. two members shall have at least ten (10) years '
65115 experience in the mechanical trade, o f which one shall
66116 be a mechanical contractor and one shall be a
67117 mechanical journeyman, an d
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69118 d. one member shall have at least ten (10) years'
70119 experience as a building and construction inspector.
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72120 2. Members shall be appointed for staggered terms of four (4)
73121 years, as designated by the Governor. Members shall cont inue in
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74149 office until a successo r is appointed by the Governor. The Governor
75150 shall fill all vacancies and unexpired terms in the same manner as
76151 the original appointment of the member whose position is to be
77152 filled. A member may be removed by the Governor at any time.
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79153 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.4, is
80154 amended to read as follows:
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82155 Section 1000.4 A. 1. Pursuant to and in compliance with
83156 Article I of the Administrative Procedures Act, the Construction
84157 Industries Board shall have the power to ad opt, amend, repeal, and
85158 promulgate rules as ma y be necessary to regulate the plumbing,
86159 electrical and mechanical trades, building and construction
87160 inspectors and home inspectors. All rules promulgated by the Board
88161 shall be reviewed and approved as provide d in subsection F of
89162 Section 308 of Title 75 o f the Oklahoma Statutes.
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91163 2. The Board shall have the pow er to enforce the provisions of
92164 the Construction Industries Boar d Act, The Plumbing License Law of
93165 1955, the Oklahoma Inspector s Act, the Electrical Lice nse Act, the
94166 Mechanical Licensing Act, the Home Inspection Licensing Act, and the
95167 Roofing Contractor Re gistration Act, as provided in the respective
96168 acts.
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98169 B. The Board shall have the following powers:
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100170 1. Exercise all incidental powers and duties which ar e
101171 necessary to effectuate the provisions of Th e Plumbing License Law
102172 of 1955, the Oklahoma Inspectors A ct, the Electrical License Act,
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103200 the Mechanical Licensing Act, and the Home Inspection Licensing Act ,
104201 and the Roofing Contractor Registration Act, includi ng but not
105202 limited to authorizing the Board ch air, vice-chair, administrator,
106203 or designee to determine good reason for and to cancel a scheduled
107204 meeting or reschedule meetings of a licensing or registration act
108205 advisory examining committee of the Board pur suant to state
109206 requirements. Such canceling or rescheduling meetings authority
110207 provided for in this section shall supersede all other meeting
111208 scheduling requirement s for acts administered by the Board;
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113209 2. Serve as a code variance a nd appeals board for the t rades
114210 and industries it regulates which do not have statutory code
115211 variance and appeals boards;
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117212 3. Order or subpoena the attendance of witnesses, the
118213 inspection of records and premises, and the production of relevant
119214 books and papers for the investigation of matters that may come
120215 before the Board;
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122216 4. Initiate disciplinary proceedings, request prosecut ion of
123217 and initiate injunctive proceedings against any person who vi olates
124218 any of the provisions of the The Plumbing License Law of 195 5, the
125219 Oklahoma Inspectors Act, the Electrical License Act, the Mechanical
126220 Licensing Act, and the Home Inspection Licensing A ct, and the
127221 Roofing Contractor Registration Act ;
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129249 5. Maintain an administrative staff including, but not limited
130250 to, a Construction Industries Administrator whose appointment shall
131251 be made as provided in Section 1000.6 of this title;
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133252 6. Establish and levy administrative fines for violations of
134253 law or rule in the trades an d industries the Board licenses or
135-regulates or against any per son or entity denying the Board or its ENR. H. B. NO. 2858 Page 4
254+regulates or against any per son or entity denying the Board or its
136255 representatives access to a job site for purposes of enforcing any
137256 of the provisions of the The Plumbing License Law of 1955, the
138257 Oklahoma Inspectors Act, the Electrical License Act, and the
139258 Mechanical Licensing Act, the Home Inspection Licensing Act, or the
140259 Roofing Contractor Registration Act; provided, however, the Board is
141260 not authorized to in spect or issue admin istrative violations or
142261 fines for public utili ties, public service corporations, intrastate
143262 gas pipeline companies, gas gathering pip eline companies, gas
144263 processing companies, rural electric associations, municipal
145264 utilities or their su bsidiaries, chemical plants, gas processing
146265 plants or petroleum re fineries where the entity uses their employees
147266 or contractors to work on their own faci lities or equipment;
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149267 7. Direct such other expenditures as may be necessary in the
150268 performance of its d uties including, but not limited to,
151269 expenditures for office space , equipment, furnishings and contracts
152270 for legal services. All expenditures shall be m ade pursuant to the
153271 Oklahoma Central Purchasing Act; and
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155299 8. Enforce provisions of the plumbing, electr ical and
156300 mechanical codes as adopted by the Oklahoma Uniform Build ing Code
157301 Commission pursuant to the Oklahoma Uniform Building C ode Commission
158302 Act.
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160303 C. The Board shall account for all receipts and expenditures of
161304 the monies of the Board, including annuall y preparing and publ ishing
162305 a statement of receipts and expenditure s of the Board for each
163306 fiscal year. The Board 's annual statement of receipts and
164307 expenditures shall be audited by the State Auditor and Inspector or
165308 an independent accounting firm in accor dance with the provi sions of
166309 subsection B of Section 212 of Title 74 of the Oklahoma Statutes,
167310 and the audit report shall be cert ified to the Governor of this
168311 state to be true and correct, under oath, by the chair and vice-
169312 chair of the Board. A copy of su ch certified report, if not already
170313 available online, shall be delivered to the chairs of the respective
171314 Senate and House of Representatives Committees h aving authority over
172315 matters relating to business, labor and construction industry
173316 licensing or regulation not later than F ebruary 1 each year.
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175317 D. The Board shall accou nt for all fines, penalties and fees
176318 assessed and collected pursuant to the Administrat ive Procedures Act
177319 or any rule promulgated for regulation of any industry and trade
178320 under the authority of the Construction Industries Board. All
179321 fines, penalties and f ees assessed for any violation of law or rule
180-shall be automatically reviewed and brought before the entire Board ENR. H. B. NO. 2858 Page 5
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181350 for consideration and vote not later than the last day of the
182351 monthly quarter in ninety (90) days from which it was imposed. The
183352 Construction Industries Administrator shall present to the Board a
184353 written recommendation and summary for each case in which an
185354 assessment of a fine, penalty or fee was imposed after
186355 administrative proceedings. The Board shall consider the
187356 recommendations for each case at the next meeting date and at such
188357 meeting shall either vo te to affirm the recommendations or vote to
189358 deny the recommendations and remand the case for further
190359 administrative hearing, with or without instru ctions. No
191360 administrative case shal l be delayed or continued by the Board after
192361 being placed on an agenda fo r final Board review, except with the
193362 consent of all parties. The licensee or persons affected by the
194363 imposition of an administrative fine, penalt y or fee on final review
195364 by the Board shall have all rights of appeal preserved pursuant to
196365 the Administrative Procedures Act until final action by the Board.
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198366 E. The Construction Industries Board shall hear all appeals
199367 timely made from an administrative r uling relating to an industry
200368 and trade regulated by the Board; however, this appeal authority
201369 shall not be in addition to the appeal process authorized by the
202370 Administrative Procedures Act. Any ruling by the Board from an
203371 administrative hearing may be fu rther appealed to the district court
204372 of Oklahoma County. The district court, upon conclusion of an
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205400 appeal from a Board ruling, shall be authorized to award reasonable
206401 legal fees to the prevailing party.
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208402 SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.4a, is
209403 amended to read as follows:
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211404 Section 1000.4a A. The Construction Industries Boar d shall
212405 have the additional powers to:
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214406 1. Receive and convey information relating to the skilled
215407 trades regulated by the Constru ction Industries Board including, but
216408 not limited to, workforce development; and
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218409 2. Enter into contracts with the Oklahoma Dep artment of Career
219410 and Technology Education for or any Oklahoma State Board of Career
220411 and Technology Education fully accredited vocational or technical
221412 school or system of education institution in the Sta te of Oklahoma
222413 receiving state appropriation s and offering programs in secondary
223414 and postsecondary instruction that provide electrical, mechanical,
224415 plumbing or roofing trade coursework for any of the following
225-purposes, or combination thereof: ENR. H. B. NO. 2858 Page 6
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416+purposes, or combination thereof:
227417 a. developing and implementing instructional courses on
228-Oklahoma Statutes and rules that govern the
418+Oklahoma statutes Statutes and rules that govern the
229419 electrical, mechanical, plumbing and roofing trades,
230420 which courses can be in conjunction with instruction
231421 in performing trade w ork or instruction on statewide -
232422 adopted trade codes, or both, for the advancement of
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233450 the electrical, mechanical, plumbing and roofing
234451 trades, or
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236452 b. developing and implementing a workforce development
237453 program that will create interest in the pursuit of a
238454 skilled trade career. The workforce develo pment
239455 program may consist of, but is not lim ited to, use of
240456 the Internet, community and school presentations, and
241457 research and instruction on the electrical,
242458 mechanical, plumbing and roofing trades.
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244459 B. All contracts with the Oklahoma Department of Career and
245460 Technology Education pursuant to this section shall be approved by
246461 the Construction Industries Board in accordance with the Oklahoma
247462 Open Meeting Act. Costs of the contracts with the Oklahoma
248463 Department of Career and Technology Education for education and
249464 workforce development programs shall be paid from the Skilled Trade
250465 Education and Workforce Development Fund established herein and
251466 funded by administrative fines or penalties as described in this
252467 section. Applications for proposals are to be su bmitted to the
253468 Board on forms provided requiring sufficient justi fication and
254469 information to evaluate costs, return on investment, value, and
255470 viability of the proposal. Any contracts will include the
256471 requirement that the recipient of the funds will , upon the
257472 completion of the contract, provide a written report to the Board
258473 providing an accounting of expenditures, describing an explanation
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259501 of the funds used for the services provided and the success of
260502 outreach demonstrating a return on the investment including , but not
261503 limited to, an accounting of accomplishments.
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263504 C. Fines or penalties collected by the Board and deposited in
264505 the Oklahoma Mechanical Licensing Revolving Fund, the Electrical
265506 Revolving Fund, the Plumbing Licensing Revolving Fund and the
266507 Roofing Contractor Registration Revolving Fund may be transferred to
267508 the Skilled Trade Education and Workforce Development Fund created
268509 in subsection E of this section for the following purposes:
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270510 1. To develop instructional materia ls on Oklahoma laws,
271511 statutes and rules, as they relate to the plumbing, mechanical,
272512 electrical and roofing trades and state licensing standards;
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274513 2. To cover the cost of equipment, materials, personnel and any
275514 other costs of developing and implementing th e trade curriculum; and
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277515 3. To cover the cost of equipment, materials, personnel and any
278516 other costs of developing and implementing the workforce development
279517 program used to promote the plumbing, mechanical, electrical and
280518 roofing trades as a career in Okl ahoma.
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282519 D. The Skilled Trade Education and Workforce Development Fund
283520 monies shall be used only for t he advancement of trade-related
284521 education and workforce development, and only if available based
285522 upon statutory limitations.
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287523 E. 1. There is hereby create d in the State Treasury a
288524 revolving fund for the Construction Industries Board to be
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289552 designated the "Skilled Trade Education and Workforce Development
290553 Fund". The fund shall be a continuing fund, not subject to fiscal
291554 year limitations. The fund shall cons ist of an annual transfer of
292555 fully adjudicated fine revenue received in the Oklahoma Mechanical
293556 Licensing Revolving Fund, Electrical Revolving Fund, Plumbing
294557 Licensing Revolving Fund or Roofing Contractor Registration
295558 Revolving Fund as determined pursuant to this section. Funds may be
296559 transferred only from the prior fiscal year.
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298560 2. If actual receipts, n ot including fine receipts, exceed
299561 actual expenses and outstanding encumbrances, then one hundred
300562 percent (100%) of all fully adjudicated fine revenue rece ived shall
301563 be transferred from each sp ecific trade revolving fund: the
302564 Oklahoma Mechanical Licensing Revolving Fund, Electrical Revolving
303565 Fund, Plumbing Licensing Revolving Fund or Roofing Contractor
304566 Registration Revolving Fund.
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306567 3. If at any time the rec eipts in the Oklahoma Mechanical
307568 Licensing Revolving Fund, Electrical Revolving Fund, Plumbing
308569 Licensing Revolving Fund or Roofing Contractor Registration
309570 Revolving Fund, not including fine receipts, are less than actual
310571 expenses and outstanding encumbranc es, then the difference of fine
311572 receipts over actual expenses and outstanding encumbrances, if any,
312573 shall be transferred.
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314574 4. If at any time the annual receipts in the Oklahoma
315575 Mechanical Licensing Revolving Fund, Electrical Revolving Fund,
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316603 Plumbing Licensing Revolving Fund or Roofing Contract or Registration
317604 Revolving Fund, including fine receipts, are le ss than the actual
318605 expenses and outstanding encumbrances, there shall be no transfer of
319606 funds for that period.
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321607 5. All monies accruing to the credit of the Skilled Trade
322608 Education and Workforce Development Fund may be budgeted and
323609 expended by the Construct ion Industries Board for workforce
324610 development as it relates to the skilled trades and to contract for
325611 the services identified in Section 1000.4 of Title 5 9 of the
326612 Oklahoma Statutes or this act. Expenditures from the fund shall be
327613 made upon warrants issue d by the State Treasurer against claims
328614 filed as prescribed by law with the Director of the Office of
329615 Management and Enterprise Services for approval and p ayment.
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331616 6. All unexpended or outstanding Skilled Trade Education and
332617 Workforce Development F unds from any written agreement where work or
333618 services have not been previously approved by specific quote or cost
334619 estimate and have not been performed within eighteen (18) months of
335620 the date the agreement was signed are hereby released from the
336621 agreement and are available for future agreements approved by the
337622 Board pursuant to this act, except for specific quotes, estimates,
338623 or invoices that previously have been app roved for payment,
339624 performance has been initiated, and completed within twenty-four
340625 (24) months of the signed agreement.
626+SECTION 4. This act shall become effective July 1, 2023.
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342-SECTION 4. This act shall become effective July 1, 2023.
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343653
344654 SECTION 5. It being immediately necessary for the preservation
345655 of the public peace, health or safety, an emergency is hereby
346656 declared to exist, by reason whereof this act shall take effect and
347657 be in full force from and after its passage and approval.
348- ENR. H. B. NO. 2858 Page 9
349-Passed the House of Representatives the 6th day of March, 2023.
350-
351-
352-
353-
354- Presiding Officer of the House
355- of Representatives
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359-Passed the Senate the 26th day of April, 2023.
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364- Presiding Officer of the Senate
365-
366-
367-OFFICE OF THE GOVERNOR
368-Received by the Office of the Governor this ____________________
369-day of ___________________, 20_______, at _______ o'clock _______ M.
370-By: _________________________________
371-Approved by the Governor of the State of Oklahoma this _____ ____
372-day of ___________________, 20_______, at _______ o'clock _______ M.
373-
374-
375- _________________________________
376- Governor of the State of Oklahoma
377-
378-OFFICE OF THE SECRETARY OF STATE
379-Received by the Office of the Secretary of State this __________
380-day of ___________________, 20_______, at _______ o'clock _______ M.
381-By: _________________________________
382-
658+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
659+April 3, 2023 - DO PASS