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ENGROSSED HOUSE
BILL NO. 2235 By: May of the House
and
Quinn of the Senate
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 ; authorizing hiring
of Assistant State Fire Marshal; and modifying
qualifications of Assistant State Fire Marshal .
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) nine (9) members
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 serve for a term of four (4) years, one member from a
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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 Investigator who s hall
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 firefighters 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. Five 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
five 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 of 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 appointments shall be s ubject to
Senate confirmation. Each member shall serve at the pleasure of his
or her appointing authority and may be removed or replaced without
cause. Any member of the Commission shall be prohibited from voting
on any issue in which the member has a di rect financial interest.
The State Fire Marshal shall be an ex officio member of the
Commission, but shall be entitled to vote only in case of a tie
vote.
SECTION 2. AMENDATORY 74 O.S. 2011, Section 324.2, as
amended by Section 17 , Chapter 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 five members shall constitute a quorum. 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
chair or by any four five 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
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hours. The Commission shall report annually to the Governor and to
the Speaker of the House of Representatives and the President Pr o
Tempore of the Senate of the affairs of the Commission and the
office of the State Fire Marshal.
SECTION 3. AMENDATORY 74 O.S. 2011, Section 324.4, is
amended to read as follows:
Section 324.4 A. The State Fire Marshal Commission shall
appoint a be appointed by the Governor, with the advice and consent
of the Senate and shall serve at the pleasure of the Governor and
may be removed or replaced without cause 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 preventi on, criminal justice or administration
from an accredited college or university, may be substituted for
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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 subject to an extensive
background investigation, psychological testing, and drug testing.
The Commission may als o require additional qualifications. The
State Fire Marshal must have or be able to obtain a valid Oklahoma
driver license and be a citizen of the United States .
Compensation for the State Fire Marshal shall be determined by
the Governor. The State Fire Marshal may be removed from office by
a two-thirds (2/3) vote of the members elected to and constituting
each chamber of the Legislature. The State Fire Marshal shall have
the training and experience necessary for the administration of the
Commission.
B. The Commission shall appoint State Fire Marshal may hire a
full-time Assistant State Fire Marshal upon recommendation from the
State Fire Marshal. The Assistant State Fire Marshal must shall
have a minimum of seven (7) years experience in fire protectio n,
fire prevention, 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 p revention,
criminal justice, or administration from an accredited college or
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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 may 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
additional 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 the training and experience necessary
for the administration of the State Fire Marshal Commission.
Passed the House of Representatives the 10th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate