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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2235 By: May
COMMITTEE SUBSTITUTE
An Act relating to the state fire marshal; amending
74 O.S. 2011, Sections 324.1, as amended by Section
1, Chapter 268, O.S.L. 2012, 324.2, as amended by
Section 17, Chapter 111, O.S.L. 2013 and 324.4 (74
O.S. Supp. 2020, Sections 324.1 and 324.2), which
relate to the State Fire Marshal Commission;
modifying appointment to Commission; modifying
selection of chair of Commission; modifying
appointment of State Fire Marshal; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 324.1, as
amended by Section 1, Chapter 268, O.S.L. 2012 (74 O.S. Supp. 2020,
Section 324.1), is amended to read as follows:
Section 324.1 There is hereby re -created the State Fire Marshal
Commission, which shall consist of seven (7) member s appointed by
the Governor. The Governor shall appoint initially one member who
shall serve for a term of five (5) years, one member from a
statewide association of career and volunteer firefighters who shall
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serve for a term of four (4) years, one membe r from a statewide
association of municipalities who shall serve for a term of three
(3) years, one member from a statewide association of Fire Chiefs,
both career and volunteer, who shall serve for a term of two (2)
years, one member who shall be a Fire I nvestigator who shall serve
for a term of one (1) year, one member representing a statewide
association of electrical workers who shall serve a term of one (1)
year, and one member representing a statewide organization of
exclusively professional firefight ers who shall serve a term of two
(2) years. The members of the Commission shall thereafter be
appointed for a term of five (5) years and the appointments shall be
subject to Senate confirmation; provided the associations named
shall be represented by at least one member as follows:
1. Three members shall be appointed by the Governor;
2. Two members shall be appointed by the Speaker of the
Oklahoma House of Representatives; and
3. Two members shall be appointed by the President Pro Tempore
of the Oklahoma State Senate.
Beginning July 1, 2021, the Governor shall appoint initially
three members who shall serve for a term of two (2) years. The
Speaker of the Oklahoma House of Representatives shall appoint
initially two members who shall serve for a term o f two (2) years.
The President Pro Tempore of the Oklahoma State Senate shall appoint
initially two members who shall serve for a term of two (2) years.
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The members of the Commission shall thereafter be appointed for a
term of four (4) years and the appo intments shall be subject to
Senate confirmation. Each appointee of the Commission shall serve
at the pleasure of his or her appointing authority .
SECTION 2. AMENDATORY 74 O.S. 2011, Section 324.2, as
amended by Section 17, Chapt er 111, O.S.L. 2013 (74 O.S. Supp. 2020,
Section 324.2), is amended to read as follows:
Section 324.2 The Commission Governor shall select a chair from
the appointees appointed to the State Fire Marshal Commission
provided in Section 324.1 of this title . The Commission is hereby
authorized to adopt rules necessary for the licensure, regulation
and enforcement of the fire extinguishers pursuant to the Fire
Extinguisher Licensing Act and for conducting its proceedings. Any
four members shall constitute a q uorum. The Commission shall meet
monthly on such date as it may designate and may meet at such other
times as it may deem necessary, or when called by the chairman or by
any four members. Complete minutes of each meeting shall be kept
and filed in the office of the State Fire Marshal and shall be
available for public inspection during reasonable office hours. The
Commission shall report annually to the Governor and to the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate of the affairs of the Commission and the office of the State
Fire Marshal.
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SECTION 3. AMENDATORY 74 O.S. 2011, Section 324.4, is
amended to read as follows:
Section 324.4 A. The chair of the State Fire Marshal
Commission shall appoint a be appointed to serve as the full-time
State Fire Marshal. The State Fire Marshal shall administer and
enforce the provisions of law pertaining to the Office of the State
Fire Marshal to include, but not be limited to, fire and arson
investigations, code enforcement, and public education under the
supervision of the State Fire Marshal Commission and in accordance
with Commission policies. The State Fire Marshal shall be a person
of good moral character and a resident of Oklahoma at the time of
appointment. The State Fire Marshal must have a minimum of ten (10)
years' experience in fire protection, fire prevention,
investigation, or criminal justice, which may include experience
with any state, county, municipal, federal, military, or industrial
fire protection or criminal justice agency. Successful completion
of a degree in fire protection and prevention, criminal justice or
administration from an accredited college or university, may be
substituted for experience on a year -to-year basis. The State Fire
Marshal shall possess administrative ability and experience. The
State Fire Marshal may be required to obtain certification as a
peace officer in the State of Oklahoma from the Council on Law
Enforcement Education and Training, and shall be subj ect to an
extensive background investigation, psychological testing, and drug
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testing. The Commission may also require additional qualifications.
The State Fire Marshal must have or be able to obtain a valid
Oklahoma driver license and be a citizen of th e United States.
B. The Commission shall appoint a full -time Assistant State
Fire Marshal upon recommendation from the State Fire Marshal. The
Assistant State Fire Marshal must have a minimum of seven (7) years
experience in fire protection, fire prevent ion, investigations or
criminal justice, which may include experience with any state,
county, municipal, federal, military, or industrial fire protection
or criminal justice agency. Successful completion of a degree in
fire protection and prevention, crim inal justice, or administration
from an accredited college or university, may be substituted for
experience on a year -to-year basis. The Assistant State Fire
Marshal shall possess administrative ability and experience. The
Assistant State Fire Marshal ma y be required to obtain certification
as a peace officer from the Council on Law Enforcement and Education
Training, and shall be subject to an extensive background
investigation, psychological testing, and drug testing. The
Commission may require additio nal qualifications. The Assistant
State Fire Marshal must have or be able to obtain a valid Oklahoma
driver license and be a citizen of the United States.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/01/2021 - DO PASS,
As Amended.