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Oklahoma House Bill HB2235

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2235 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 2235 By: May of the House
28+STATE OF OKLAHOMA
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31- and
30+1st Session of the 58th Legislature (2021)
3231
33- Quinn of the Senate
32+COMMITTEE SUBSTITUTE
33+FOR
34+HOUSE BILL NO. 2235 By: May
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40+COMMITTEE SUBSTITUTE
3941
4042 An Act relating to the state fire marshal; amending
4143 74 O.S. 2011, Sections 324.1, as amended by Section
4244 1, Chapter 268, O.S.L. 2012, 324.2, as amended by
4345 Section 17, Chapter 111, O.S.L. 2013 and 324.4 (74
4446 O.S. Supp. 2020, Sections 324.1 and 324.2), which
4547 relate to the State Fire Marshal Commission;
4648 modifying appointment to Commission; modifying
4749 selection of chair of Commission; modifying
48-appointment of State Fire Marshal ; authorizing hiring
49-of Assistant State Fire Marshal; and modifying
50-qualifications of Assistant State Fire Marshal .
50+appointment of State Fire Marshal; and declaring an
51+emergency.
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5658 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5759 SECTION 1. AMENDATORY 74 O.S. 2011, Section 324.1, as
5860 amended by Section 1, Chapter 268, O.S.L. 2012 (74 O.S. Supp. 2020,
5961 Section 324.1), is amended to read as follows:
6062 Section 324.1 There is hereby re -created the State Fire Marshal
61-Commission, which shall consist of seven (7) nine (9) members
62-appointed by the Governor. The Governor shall appoint initially one
63-member who shall serve for a term of five (5) years, one member from
64-a statewide association of career and volunteer firefighters who
65-shall serve for a term of four (4) years, one member from a
63+Commission, which shall consist of seven (7) members appointed by
64+the Governor. The Govern or shall appoint initially one member who
65+shall serve for a term of five (5) years, one member from a
66+statewide association of career and volunteer firefighters who shall
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92-statewide association of municipalities who shall serve for a term
93-of three (3) years, one member from a statewide association of Fire
94-Chiefs, both career and volunteer, who shall serve for a term of two
95-(2) years, one member who shall be a Fire Investigator who s hall
96-serve for a term of one (1) year, one member representing a
97-statewide association of electrical workers who shall serve a term
98-of one (1) year, and one member representing a statewide
99-organization of exclusively professional firefighters who shall
100-serve a term of two (2) years. The members of the Commission shall
101-thereafter be appointed for a term of five (5) years and the
102-appointments shall be subject to Senate confirmation; provided the
103-associations named shall be represented by at least one member as
104-follows:
105-1. Five members shall be appointed by the Governor;
93+serve for a term of four (4) years, one member from a statewide
94+association of munici palities who shall serve for a term of three
95+(3) years, one member from a statewide association of Fire Chiefs,
96+both career and volunteer, who shall serve for a term of two (2)
97+years, one member who shall be a Fire Investigator who shall serve
98+for a term of one (1) year, one member representing a statewide
99+association of electrical workers who shall serve a term of one (1)
100+year, and one member representing a statewide organization of
101+exclusively professional firefighters who shall serve a term of two
102+(2) years. The members of the Commission shall thereafter be
103+appointed for a term of five (5) years and the appointments shall be
104+subject to Senate confirmation; provided the associations named
105+shall be represented by at least one member as follows:
106+1. Three members shall be appointed by the Governor;
106107 2. Two members shall be appointed by the Speaker of the
107108 Oklahoma House of Representatives; and
108109 3. Two members shall be appointed by the President Pro Tempore
109110 of the Oklahoma State Senate.
110111 Beginning July 1, 2021 , the Governor shall appoint initially
111-five members who shall serve for a term of two (2) years. The
112+three members who shall serve for a term of two (2) years. The
112113 Speaker of the Oklahoma House of Representatives shall appoint
113114 initially two members who shall serve for a term of two (2) years.
114115 The President Pro Temp ore of the Oklahoma State Senate shall appoint
115116 initially two members who shall serve for a term of two (2) years.
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142143 The members of the Commission shall thereafter be appointed for a
143144 term of four (4) years and the appointments shall be subject to
144-Senate confirmation. Each member shall serve at the pleasure of his
145-or her appointing authority and may be removed or replaced without
146-cause. Any member of the Commission shall be prohibited from voting
147-on any issue in which the member has a di rect financial interest.
148-The State Fire Marshal shall be an ex officio member of the
149-Commission, but shall be entitled to vote only in case of a tie
150-vote.
145+Senate confirmation. Each appointee of the Commission shall serve
146+at the pleasure of his or her appointing authority .
151147 SECTION 2. AMENDATORY 74 O.S. 2011, Section 324.2, as
152148 amended by Section 17, Chapter 111, O.S.L. 2013 (74 O.S. Supp. 2020,
153149 Section 324.2), is amended to read as follows:
154150 Section 324.2 The Commission Governor shall select a chair from
155151 the appointees appointed to the State Fire Marshal Commission
156152 provided in Section 324.1 of this title . The Commission is hereby
157153 authorized to adopt rules necessary for the licensure, regulation
158154 and enforcement of the fire extinguishers pursuant to the Fire
159155 Extinguisher Licensing Act and for conducting its proceedings. Any
160-four five members shall constitute a quorum. The Commission shall
161-meet monthly on such date as it may designate and may meet at such
162-other times as it may deem necessary, or when called by the chairman
163-chair or by any four five members. Complete minutes of each meeting
164-shall be kept and filed in the office of the State Fire Marshal and
165-shall be available for public inspection during reasonable office
156+four members shall constitute a quorum. The Commission shall meet
157+monthly on such date as it may designate and may meet at such other
158+times as it may deem necessary, or when called by the chairman or by
159+any four members. Complete minutes of each meeting shall be kept
160+and filed in the office of the State Fire Marshal and shall be
161+available for public inspection during reasonable office hours. The
162+Commission shall report annually to the Governor and to the Speaker
163+of the House of Representatives and the President Pro Tempore of the
164+Senate of the affairs of the Commission and th e office of the State
165+Fire Marshal.
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192-hours. The Commission shall report annually to the Governor and to
193-the Speaker of the House of Representatives and the President Pr o
194-Tempore of the Senate of the affairs of the Commission and the
195-office of the State Fire Marshal.
196192 SECTION 3. AMENDATORY 74 O.S. 2011, Section 324.4, is
197193 amended to read as follows:
198-Section 324.4 A. The State Fire Marshal Commission shall
199-appoint a be appointed by the Governor, with the advice and consent
200-of the Senate and shall serve at the pleasure of the Governor and
201-may be removed or replaced without cause full-time State Fire
202-Marshal. The State Fire Marshal shall administer and enforce the
203-provisions of law pertaining to the Office of the State Fire Marshal
204-to include, but not be limited to, fire and arson investigations,
205-code enforcement, and public education under the supervision of the
206-State Fire Marshal Commission and in accordance with Commission
207-policies. The State Fire Marshal shall be a person of good moral
208-character and a resident of Oklahoma at the time of appointment.
209-The State Fire Marshal must have a minimum of ten (10) years'
210-experience in fire protection, fire prevention, investigation, or
211-criminal justice, which may include experience with any state,
212-county, municipal, federal, military, or industrial fire protection
213-or criminal justice agency. Successful completion of a degree in
214-fire protection and preventi on, criminal justice or administration
215-from an accredited college or university, may be substituted for
194+Section 324.4 A. The chair of the State Fire Marshal
195+Commission shall appoint a be appointed to serve as the full-time
196+State Fire Marshal. The State Fire Marshal shall administer and
197+enforce the provisions of law pertaining to the Office of the State
198+Fire Marshal to include, but not be limited to, fire and arson
199+investigations, code enforcement, and public educat ion under the
200+supervision of the State Fire Marshal Commission and in accordance
201+with Commission policies. The State Fire Marshal shall be a person
202+of good moral character and a resident of Oklahoma at the time of
203+appointment. The State Fire Marshal must have a minimum of ten (10)
204+years' experience in fire protection, fire prevention,
205+investigation, or criminal justice, which may include experience
206+with any state, county, municipal, federal, military, or industrial
207+fire protection or criminal justice agen cy. Successful completion
208+of a degree in fire protection and prevention, criminal justice or
209+administration from an accredited college or university, may be
210+substituted for experience on a year -to-year basis. The State Fire
211+Marshal shall possess administ rative ability and experience. The
212+State Fire Marshal may be required to obtain certification as a
213+peace officer in the State of Oklahoma from the Council on Law
214+Enforcement Education and Training, and shall be subject to an
215+extensive background investiga tion, psychological testing, and drug
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242-experience on a year -to-year basis. The State Fire Marshal shall
243-possess administrative ability and experience. The State Fire
244-Marshal may be required to obtain certification as a peace officer
245-in the State of Oklahoma from the Council on Law Enforcement
246-Education and Training, and shall be subject to an extensive
247-background investigation, psychological testing, and drug testing.
248-The Commission may als o require additional qualifications. The
242+testing. The Commission may also require additional qualifications.
243+The State Fire Marshal must have or be able to obtain a valid
244+Oklahoma driver license and be a citizen of the United States.
245+B. The Commission shal l appoint a full-time Assistant State
246+Fire Marshal upon recommendation from the State Fire Marshal. The
247+Assistant State Fire Marshal must have a minimum of seven (7) years
248+experience in fire protection, fire prevention, investigations or
249+criminal justice, which may include experience with any state,
250+county, municipal, federal, military, or industrial fire protection
251+or criminal justice agency. Successful completion of a degree in
252+fire protection and prevention, criminal justice, or administration
253+from an accredited college or university, may be substituted for
254+experience on a year -to-year basis. The Assistant State Fire
255+Marshal shall possess administrative ability and experience. The
256+Assistant State Fire Marshal may be required to obtain certification
257+as a peace officer from the Council on Law Enforcement and Education
258+Training, and shall be subject to an extensive background
259+investigation, psychological testing, and drug testing. The
260+Commission may require additional qualifications. The Assistant
249261 State Fire Marshal must have or be able to obtain a valid Oklahoma
250262 driver license and be a citizen of the United States.
251-Compensation for the State Fire Marshal shall be determined by
252-the Governor. The State Fire Marshal may be removed from office by
253-a two-thirds (2/3) vote of the members elected to and constituting
254-each chamber of the Legislature. The State Fire Marshal shall have
255-the training and experience necessary for the administration of the
256-Commission.
257-B. The Commission shall appoint State Fire Marshal may hire a
258-full-time Assistant State Fire Marshal upon recommendation from the
259-State Fire Marshal. The Assistant State Fire Marshal must shall
260-have a minimum of seven (7) years experience in fire protectio n,
261-fire prevention, investigations or criminal justice, which may
262-include experience with any state, county, municipal, federal,
263-military, or industrial fire protection or criminal justice agency.
264-Successful completion of a degree in fire protection and p revention,
265-criminal justice, or administration from an accredited college or
263+SECTION 4. It being immediately necessary for the preservation
264+of the public peace, health or safety, an emergency is hereb y
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292-university, may be substituted for experience on a year -to-year
293-basis. The Assistant State Fire Marshal shall possess
294-administrative ability and experience. The Assistant State Fire
295-Marshal may be required to obtain certification as a peace officer
296-from the Council on Law Enforcement and Education Training, and
297-shall be subject to an extensive background investigation,
298-psychological testing, and drug testing. The Commission may require
299-additional qualifications. The Assistant State Fire Marshal must
300-have or be able to obtain a valid Oklahoma driver license and be a
301-citizen of the United States the training and experience necessary
302-for the administration of the State Fire Marshal Commission.
303-Passed the House of Representatives the 10th day of March, 2021.
291+declared to exist, by reason whereof this act shall take effect and
292+be in full force from and after its passage and approval.
304293
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308- Presiding Officer of the House
309- of Representatives
310-
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312-Passed the Senate the ___ day of __________, 2021.
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317- Presiding Officer of the Senate
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294+58-1-7817 LRB 02/25/21