Oklahoma 2022 Regular Session

Oklahoma House Bill HB3079 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	30	+	March 28, 2022
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3	34		BILL NO. 3079 By: Smith of the House
4	35
5	36		and
6	37
7	38		Bullard of the Senate
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14	43		An Act relating to county fire departments; amending
15	44		19 O.S. 2021, Section 351, which relates to
16	45		firefighting services; modifying language qualifying
17	46		a director of county fire department ; providing an
18	47		effective date; and declaring an emergency.
19	48
20	49
21	50
22		-
23		-	SUBJECT: County fire departments
24		-
25	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
26		-
27	52		SECTION 1. AMENDATORY 19 O.S. 2021, Section 351, is
28	53		amended to read as follows:
29		-
30	54		Section 351. A. The board of county commissioners of each
31	55		county of this state is hereby authorized to provide firefighting
32	56		service in the county and for such purpose to use county funds to
33	57		rent, lease or purchas e firefighting equipment and to rent or
34	58		construct and equip and operate fire stations and to employ
35	59		necessary personnel to provide such service. The board of county
36	60		commissioners shall also have the authority to determine and collect
37	61		charges for firefight ing services performed by the county from any
38	62		person to whom such services are provided.
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40	90		B. The board of county commissioners of each county of this
41	91		state shall have the power to take by grant, purchase, gift, devise
42	92		or lease, and to dispose of, any real property for the purpose of
43	93		acquiring right-of-ways and easements necessary in providing
44	94		firefighting services to the county, including the construction and
45	95		maintenance of roads and the installation of dry hydrants. The
46		-	board may use county funds and equi pment to construct and maintain ~~ENR. H. B. NO. 3079 Page 2~~
	96	+	board may use county funds and equi pment to construct and maintain
47	97		such roads and to install such dry hydrants. Provided, nothi ng in
48	98		this subsection shall be construed to prohibit the installation of
49	99		dry hydrants on privately owned property by the owner thereof at the
50	100		expense of the owner.
51		-
52	101		C. The board of county commissioners of each county of this
53	102		state shall have the authority to use county personnel operating
54	103		county equipment to fight fires in situations where an emergency is
55	104		determined to exist, provided the firefighting service is req uested
56	105		by the county civil defense directo r or upon a request of a rural
57	106		fire department.
58		-
59	107		D. 1. A corporate fire department organized pursuant to the
60	108		provisions of Section 592 of Title 18 of the Oklahoma Statutes or a
61	109		county fire department organized pur suant to the provisions of
62	110		subsection A of this section may petition the board of county
63	111		commissioners of the county in which the fire department provides
64	112		protection to convert to a county fire department organized pursuant
65	113		to the provisions of this subsec tion. The petition shall set forth
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66	141		and particularly describe the proposed boundaries of such county
67	142		fire department and shall be accompanied by a map of such proposed
68	143		fire department, drawn to a scale of not less than one (1) inch to a
69	144		mile. The petition shall also set forth the administration, control
70	145		and ownership of all the corporate fire dep artment's assets in the
71	146		event such petition is approved. Such petition shall be filed with
72	147		the county clerk of such county who shall present it to the board of
73	148		county commissioners at their next regular o r special meeting. Upon
74	149		presentation of such petit ion, the board of county commissioners
75	150		shall set the same for hearing at a time not less than twenty (20)
76	151		days nor more than forty (40) days from the date of prese ntation and
77	152		shall direct the county clerk to give notice of such hearing by
78	153		publication in a newspaper of general circulation in the county in
79	154		which the proposed county fire department is located. Such notice
80	155		shall describe the boundaries of the proposed county fire
81	156		department, shall state the ti me and place of the hearing, and shall
82	157		state that any person may appear and protest the organization of the
83	158		county fire department or the proposed boundaries thereof. The
84	159		board of county commissioners shall hold t he hearing described in
85	160		said notice, and it shall have jurisdiction to hear and determine
86	161		all protests to the creation of such county fire department and all
87	162		matters pertaining to the same. It may amend the plan of such
88	163		proposed county fire department by excluding from within its
89	164		boundaries any lands which it may deem will not be benefited by the
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90	192		formation of such county fire department, or by including other
91		-	lands as a part thereof upon application of the owners of such land; ~~ENR. H. B. NO. 3079 Page 3~~
	193	+	lands as a part thereof upon application of the owners of such land;
92	194		provided, however, it shall n ot exclude from such district any
93	195		unincorporated lands which are completely surrounded by lan ds which
94	196		are included in the proposed county fire department. If the board
95	197		of county commissioners determines that the conversion of such
96	198		corporate fire departmen t to a county fire department will be
97	199		conducive to the public safety of the affected area the rein, then
98	200		said board shall give such proposed county fire department a name
99	201		and shall authorize and approve the organization of said county fire
100	202		department.
101		-
102	203		2. To be eligible to convert to a county fire department formed
103	204		pursuant to this subsection, a fi re department shall have a Public
104	205		Protection Classification of nine (9) or better from ISO Commercial
105	206		Risk Services, Inc., limit the size of such volunteer county fire
106	207		department to not less than six or mo re than twenty members per fire
107	208		station, and shall be subject to the laws of the State of Oklahoma
108	209		regarding the administration and operation of a fire department,
109	210		including, but not limited to, the laws of the Sta te Department of
110	211		Labor and the State Fire Marshal Commission. For purposes of this
111	212		subsection, a volunteer fire department is one which has in its
112	213		employ not more than two full -time salaried firefighters.
113		-
114	214		3. Directors of a county fire department organize d pursuant to
115	215		this subsection shall be owners of real property in and residents of
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116	243		said district. At the time of making its order organizing such
117	244		county fire department, the board of county commissioners shall
118	245		appoint five directors, one of which shall ho ld his or her
119	246		respective office for a term of five (5) years, one of which shall
120	247		hold his or her respective office for a term of four (4) years, one
121	248		of which shall hold his or her respective office for a term of three
122	249		(3) years, one of which shall hold his or her respective office for
123	250		a term of two (2) years, and one of which shall hold his or her
124	251		respective office for a term of one (1) year. On or before January
125	252		1, 2002, the board of county commissioners shall, for fire
126	253		departments which operate more than five fire stations, appoint
127	254		additional directors of a county fire department until the numbe r of
128	255		directors equals the number of fire stations operated by that county
129	256		fire department. Each additional director shall be appointed by the
130	257		board of county comm issioners for a term that matches the term of
131	258		one of the first five directors appointed. Whe never a new fire
132	259		station is added to a county fire department which has five or more
133	260		fire stations, the board of county commissioners shall appoint an
134	261		additional director from that district in which the ne w fire station
135	262		has been added. Each year thereafte r, there shall be appointed by
136		-	the board of county commissioners for a term of five (5) years so ~~ENR. H. B. NO. 3079 Page 4~~
	263	+	the board of county commissioners for a term of five (5) years so
137	264		many members as are necessary to replace all members whose terms a re
138	265		expiring on the board of directors for such county fire department.
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139	292
140	293		4. The board of direc tors of a county fire department organized
141	294		pursuant to this subsection shall select one of its members to serve
142	295		as chair and shall appoint a clerk and a treasurer. The board of
143	296		directors shall fix the ter m and duties of the chair, clerk and
144	297		treasurer. The chair and members of the board of directors shall
145	298		serve without compensation. The treasurer shall give an official
146	299		bond, in an amount fixed and with sureties ap proved by the board of
147	300		county commissioners, conditioned upon the faithful accounting for
148	301		all money pertaining to the county fire department and coming into
149	302		his or her hands.
150		-
151	303		5. The board of directors of a county fire department organized
152	304		pursuant to this subsection shall have the following power s and
153	305		duties:
154		-
155	306		a. to manage and conduct the business affairs of such
156	307		county fire department,
157		-
158	308		b. to make and execute all necessary contracts,
159		-
160	309		c. to purchase or lease -purchase and maintain all
161	310		necessary and convenient engines, hoses, hose carts or
162	311		other appliances and supplies for the full equipment
163	312		of a fire company or department from available funds,
164		-
165	313		d. to appoint the fire chief, fire company officers and
166	314		employees (whether paid or volunteer), sufficient to
167	315		maintain and operate the equipment owned by the cou nty
168	316		fire department,
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170	344		e. to take by grant, purchase, gift, devise or lease, and
171	345		to dispose of real or personal property of every kind
172	346		necessary for the operation of the county fire
173	347		department,
174		-
175	348		f. to construct or otherwise acquire from available funds
176	349		suitable firehouses and other buildings or structures
177	350		suitable for the housing of equipment and supplies of
178	351		the county fire department, or for carrying on its own
179	352		business and affairs,
180		-	ENR. H. B. NO. 3079 Page 5
181	353		g. to employ such officers and empl oyees as may be
182	354		required from available fu nds, fix their compensation
183	355		and prescribe their dut ies,
184		-
185	356		h. to establish rules for such county fire department and
186	357		for the prevention of fires and conflagrations within
187	358		the department's boundaries and for the protec tion of
188	359		property at and during any fire,
189		-
190	360		i. to do any and all other things necessary and prop er in
191	361		the management and operation of the county fire
192	362		department for the purpose of protecting property
193	363		within its boundaries from fire, and
194		-
195	364		j. to prepare an annual budget and follow existing laws
196	365		pertaining to the budget process such as public
197	366		notice, public hearings, protest periods and filing
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198	394		requirements in the same manner as they apply to other
199	395		forms of government in Oklahoma.
200		-
201	396		6. The board of directors of a co unty fire department organized
202	397		pursuant to this subsection may submit an application to inclu de the
203	398		firefighters of such county fire department in the Oklahoma
204	399		Firefighters Pension and Retirement System. The application for
205	400		participation in the Oklahoma F irefighters Pension and Retirement
206	401		System shall be submitted in accordance with subsection A of Section
207	402		49-105.2 of Title 11 of the Oklahoma Statutes. For purposes of
208	403		complying with Sections 49 -103 and 49-104 of Title 11 of the
209	404		Oklahoma Statutes, the chai r, clerk and treasurer of the board of
210	405		directors of the county fire department shall serve on the local
211	406		firefighters pension and retirement board along with three
212	407		firefighters of such county fire department elected by the members
213	408		of the county fire departm ent. The chair of the board of directors
214	409		of the county fire department shall be the chair of the local board
215	410		of the county fire department and the clerk of the board of
216	411		directors of the county fire department shall be the secretary of
217	412		the local board of t he county fire department. The chair of t he
218	413		local board of the county fire department shall have a casting vote
219	414		with the members of the local board of the county fire department
220	415		only when necessary to avoid a tie vote. The local board of the
221	416		county fire department shall promulgate such rules as may be
222	417		necessary to ensure the orderly conduct of a local board meeting.
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223	445		While participating in the Oklahoma Firefighters Pension and
224		-	Retirement System, the board of directors, local board and fire ~~ENR. H. B. NO. 3079 Page 6~~
	446	+	Retirement System, the board of directors, local board and fire
225	447		chief of the county fire department shall perform all adm inistrative
226	448		requirements of the pension system.
227		-
228	449		7. Any board of directors of a county fire department organized
229	450		pursuant to this subsection having volunteers enrolled as members of
230	451		such county fire department shal l adopt a code of minimum rules and
231	452		regulations in substantial compliance with the following:
232		-
233	453		a. Fire chief.
234		-
235	454		(1) The fire chief shall be at the head of the
236	455		department, subject to the laws of the State of
237	456		Oklahoma, rules of the board of directors, and
238	457		the rules and regulations herein adopted.
239		-
240	458		(2) The fire chief shall be held responsible for the
241	459		general condition and efficient operation of the
242	460		department, the training of members, and the
243	461		performance of all other duties imposed upon him
244	462		or her by law or the bo ard of directors.
245		-
246	463		(3) The fire chief may i nspect or cause to be
247	464		inspected by members of the d epartment, the fire
248	465		hydrants, cisterns and other sources of water
249	466		supply at least twice a year.
250		-
251	467		(4) The fire chief shall maintain a library or file
252	468		of publications on fire prevention and fire
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253	496		protection and shall make use of the library or
254	497		file to the best advantage of all members.
255		-
256	498		(5) The fire chief shall make every effort to attend
257	499		all fires and direct the officers and members of
258	500		the fire department in the perform ance of their
259	501		duties.
260		-
261	502		(6) The fire chief shall see that the citizens are
262	503		kept informed on fir e hazards within the
263	504		boundaries of the department and on the
264	505		activities of the department.
265		-
266	506		(7) The fire chief shall see that each fire is
267	507		carefully investigated to determine its cause,
268	508		and in the case of s uspicion of incendiarism
269		-	shall notify proper author ities. The fire chief ~~ENR. H. B. NO. 3079 Page 7~~
	509	+	shall notify proper author ities. The fire chief
270	510		shall secure and preserve all possible evidence
271	511		for future use in the case of a suspicious
272	512		incendiarism.
273		-
274	513		(8) The fire chief shall file the a ppropriate
275	514		activity report forms with the Office of the
276	515		State Fire Marshal in Oklahoma City o n an annual
277	516		basis. The activity report forms shall be
278	517		designed by the State Fire Marshal and shall
279	518		include, but not be limited to, the amount of
280	519		property and vehicle fire loss, types of fires,
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281	547		inspections and investigations. The report shall
282	548		include notification of all fire-related civilian
283	549		deaths and injuries in the respective
284	550		jurisdiction and of firefighter deaths in the
285	551		line of duty and of firefighter injuries in the
286	552		line of duty requiring the services of a hospital
287	553		or physician or both.
288		-
289	554		b. Assistant fire chief.
290		-
291	555		In the absence of the fire chief, the assistant fire
292	556		chief on duty shall command the department and be held
293	557		responsible therefore in all respects with t he full
294	558		powers and responsibilities of the fire chief.
295		-
296	559		c. Company officers.
297		-
298	560		The company officers shall be selected upon their
299	561		ability to meet the following requirements:
300		-
301	562		(1) their knowledge of firefighting,
302		-
303	563		(2) their leadership ability, and
304		-
305	564		(3) their knowledge of firefighting equipment.
306		-
307	565		d. Secretary-treasurer.
308		-
309	566		One member elected by the fire depart ment shall be
310	567		secretary-treasurer. His or her duties shall consist
311	568		of the following:
	569	+	(1) calling the roll at the opening of each meeting,
	570	+	(2) keeping the minutes of each meeting, and
312	571
313		-	(1) calling the roll at the opening of each meeting,
314		-	ENR. H. B. NO. 3079 Page 8
315		-	(2) keeping the minutes of each meeting, and
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	591	+	19
	592	+	20
	593	+	21
	594	+	22
	595	+	23
	596	+	24
316	597
317	598		(3) collecting any money due the department by the
318	599		members.
319		-
320	600		e. New members.
321		-
322	601		(1) An applicant of a participating county fire
323	602		department of the Oklahoma Firefighters Pension
324	603		and Retirement System shall meet the membership
325	604		requirements of the Oklahoma Firefighters Pension
326	605		and Retirement System before he or she may be
327	606		appointed as a new member of the county fire
328	607		department.
329		-
330	608		(2) A new member shall be on probation for one (1)
331	609		year after his or her appointment.
332		-
333	610		(3) A new member of a participat ing county fire
334	611		department of the Oklahoma Firefighters Pension
335	612		and Retirement System shall b e immediately
336	613		enrolled as a member of the Oklahoma Firefighters
337	614		Pension and Retirement System regardless of
338	615		whether such member has completed his or her
339	616		probation period.
340		-
341	617		(4) The majority of the fire depar tment members must
342	618		approve new volunteer members up on completion of
343	619		their probation period.
	620	+	f. Bylaws.
	621	+	The bylaws of the department shall include:
344	622
345		-	f. Bylaws.
346		-
347		-	The bylaws of the department shall include:
	623	+	SENATE FLOOR VERSION - HB3079 SFLR Page 13
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348	648
349	649		(1) All volunteer firefighters are required, when
350	650		notified, to respond to fire alarms and other
351	651		emergencies.
352		-
353	652		(2) A volunteer firefighter is required to be prese nt
354	653		at all regular meetings, call meetings and
355	654		schools presented for the benefit of the
356	655		firefighters.
357		-
358	656		(3) There shall be at least one regular business
359		-	meeting each month. ENR. H. B. NO. 3079 Page 9
360		-
	657	+	meeting each month.
361	658		(4) Any volunteer firefighter havin g two unexcused
362	659		absences in succession or three une xcused
363	660		absences in a period of three (3) months will be
364	661		dropped from the fire department rolls.
365		-
366	662		(5) Volunteer firefighters leaving the boundaries of
367	663		the department for an extended period of time
368	664		will be required to notify the fire chief.
369		-
370	665		(6) Any volunteer firefighter refusing to attend
371	666		training classes provided for him or her will be
372	667		dropped from the fire department rolls.
373		-
374	668		(7) Any volunteer member of the fire depart ment shall
375	669		be dropped from the fire depart ment rolls for the
376	670		following offenses:
377		-
378	671		(a) conduct unbecoming a firefighter,
379		-
380	672		(b) any act of insubordination,
381	673
	674	+	SENATE FLOOR VERSION - HB3079 SFLR Page 14
	675	+	(Bold face denotes Commit tee Amendments) 1
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382	700		(c) neglect of duty,
383		-
384	701		(d) any violation of rules and regulations
385	702		governing the fire department, or
386		-
387	703		(e) conviction of a felony.
388		-
389	704		8. a. A county fire department organized pursuant to the
390	705		provisions of this subsection shall maintain,
391	706		according to its own accounting needs, some or all of
392	707		the funds and account groups in its system of accounts
393	708		that are consistent wit h legal and operating
394	709		requirements and as prescribed by the State Auditor
395	710		and Inspector. The required funds may include, but
396	711		not be limited to:
397		-
398	712		(1) a general fund, to account for all monies
399	713		received and disbursed for general department
400	714		purposes, including all assets, liabilities,
401	715		reserves, fund balances, revenues and
402	716		expenditures which are not ac counted for in any
403	717		other fund or special ledger account,
404		-	ENR. H. B. NO. 3079 Page 10
405	718		(2) special revenue funds, as required, to account
406	719		for the proceeds of specific revenue sources that
407	720		are restricted by law to expenditures for
408	721		specific purposes,
409		-
410	722		(3) a capital improvement fund, to ac count for
411	723		financial resources segregated for acquisition,
	724	+
	725	+	SENATE FLOOR VERSION - HB3079 SFLR Page 15
	726	+	(Bold face denotes Commit tee Amendments) 1
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	750	+
412	751		construction or other improvement related to
413	752		capital facilities, and
414		-
415	753		(4) a ledger or group of accounts in which to record
416	754		the details relating to t he general fixed assets
417	755		of the county or department .
418		-
419	756		b. Funds raised by a nonprofit organization for the
420	757		purpose of supporting the fire protection services of
421	758		a county fire department organized pursuant to the
422	759		provisions of this subsection, whether such fu nds were
423	760		raised before or after a corporate fire de partment
424	761		converts to a county fire department, shall not be
425	762		commingled with public funds and shall be used only
426	763		for designated benevolent or charitable purposes,
427	764		including, but not limited to, fire protect ion
428	765		purposes.
429		-
430	766		c. No expenditure may be authorized o r made by any
431	767		employee or member of the board of directors of a
432	768		county fire department organized pursuant to the
433	769		provisions of this subsection which exceeds any fu nd
434	770		balance of any fund of the budget as ad opted or
435	771		amended or which exceeds the appropriation for any
436	772		fund of the budget as adopted or amended. Any balance
437	773		remaining in a fund at the end of the budget year
438	774		shall be carried forward to the credit of the fun d for
	775	+
	776	+	SENATE FLOOR VERSION - HB3079 SFLR Page 16
	777	+	(Bold face denotes Commit tee Amendments) 1
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	800	+	24
	801	+
439	802		the next budget year. It shall be u nlawful for any
440	803		employee or member of the board of directors of a
441	804		county fire department organized pursuant to the
442	805		provisions of this subsection in any budget year to
443	806		create or authorize creation of a deficit in an y fund.
444		-
445	807		SECTION 2. This act shall become effective July 1, 2022.
446		-
447	808		SECTION 3. It being immediately necessary for the preservation
448		-	of the public peace, health or safety, an emergency is hereby ~~ENR. H. B. NO. 3079 Page 11~~
	809	+	of the public peace, health or safety, an emergency is hereby
449	810		declared to exist, by reason whe reof this act shall take effect and
450	811		be in full force from and after its passage an d approval.
451		-	ENR. H. B. NO. 3079 Page 12
452		-	Passed the House of Representatives the 7th day of March, 2022.
453		-
454		-
455		-
456		-
457		-	Presiding Officer of the House
458		-	of Representatives
459		-
460		-
461		-	Passed the Senate the 28th day of April, 2022.
462		-
463		-
464		-
465		-
466		-	Presiding Officer of the Senate
467		-
468		-
469		-
470		-	OFFICE OF THE GOVERNOR
471		-	Received by the Office of the Governor this ____________________
472		-	day of ___________________, 20_______, at _______ o'clock _______ M.
473		-	By: _________________________________
474		-	Approved by the Governor of the State of Oklahoma this _____ ____
475		-	day of ___________________, 20_______, at _______ o'clock _______ M.
476		-
477		-
478		-	_________________________________
479		-	Governor of the State of Oklahoma
480		-
481		-	OFFICE OF THE SECRETARY OF STATE
482		-	Received by the Office of the Secretary of State this __________
483		-	day of ___________________, 20_______, at _______ o'clock _______ M.
484		-	By: _________________________________
485		-
	812	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	813	+	March 28, 2022 - DO PASS