An Act
ENROLLED HOUSE
BILL NO. 3079 By: Smith of the House
and
Bullard of the Senate
An Act relating to county fire departments; amending
19 O.S. 2021, Section 351, which relates to
firefighting services; modifying language qualifying
a director of county fire department ; providing an
effective date; and declaring an emergency.
SUBJECT: County fire departments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 351, is
amended to read as follows:
Section 351. A. The board of county commissioners of each
county of this state is hereby authorized to provide firefighting
service in the county and for such purpose to use county funds to
rent, lease or purchas e firefighting equipment and to rent or
construct and equip and operate fire stations and to employ
necessary personnel to provide such service. The board of county
commissioners shall also have the authority to determine and collect
charges for firefight ing services performed by the county from any
person to whom such services are provided.
B. The board of county commissioners of each county of this
state shall have the power to take by grant, purchase, gift, devise
or lease, and to dispose of, any real property for the purpose of
acquiring right-of-ways and easements necessary in providing
firefighting services to the county, including the construction and
maintenance of roads and the installation of dry hydrants. The
board may use county funds and equi pment to construct and maintain ENR. H. B. NO. 3079 Page 2
such roads and to install such dry hydrants. Provided, nothi ng in
this subsection shall be construed to prohibit the installation of
dry hydrants on privately owned property by the owner thereof at the
expense of the owner.
C. The board of county commissioners of each county of this
state shall have the authority to use county personnel operating
county equipment to fight fires in situations where an emergency is
determined to exist, provided the firefighting service is req uested
by the county civil defense directo r or upon a request of a rural
fire department.
D. 1. A corporate fire department organized pursuant to the
provisions of Section 592 of Title 18 of the Oklahoma Statutes or a
county fire department organized pur suant to the provisions of
subsection A of this section may petition the board of county
commissioners of the county in which the fire department provides
protection to convert to a county fire department organized pursuant
to the provisions of this subsec tion. The petition shall set forth
and particularly describe the proposed boundaries of such county
fire department and shall be accompanied by a map of such proposed
fire department, drawn to a scale of not less than one (1) inch to a
mile. The petition shall also set forth the administration, control
and ownership of all the corporate fire dep artment's assets in the
event such petition is approved. Such petition shall be filed with
the county clerk of such county who shall present it to the board of
county commissioners at their next regular o r special meeting. Upon
presentation of such petit ion, the board of county commissioners
shall set the same for hearing at a time not less than twenty (20)
days nor more than forty (40) days from the date of prese ntation and
shall direct the county clerk to give notice of such hearing by
publication in a newspaper of general circulation in the county in
which the proposed county fire department is located. Such notice
shall describe the boundaries of the proposed county fire
department, shall state the ti me and place of the hearing, and shall
state that any person may appear and protest the organization of the
county fire department or the proposed boundaries thereof. The
board of county commissioners shall hold t he hearing described in
said notice, and it shall have jurisdiction to hear and determine
all protests to the creation of such county fire department and all
matters pertaining to the same. It may amend the plan of such
proposed county fire department by excluding from within its
boundaries any lands which it may deem will not be benefited by the
formation of such county fire department, or by including other
lands as a part thereof upon application of the owners of such land; ENR. H. B. NO. 3079 Page 3
provided, however, it shall n ot exclude from such district any
unincorporated lands which are completely surrounded by lan ds which
are included in the proposed county fire department. If the board
of county commissioners determines that the conversion of such
corporate fire departmen t to a county fire department will be
conducive to the public safety of the affected area the rein, then
said board shall give such proposed county fire department a name
and shall authorize and approve the organization of said county fire
department.
2. To be eligible to convert to a county fire department formed
pursuant to this subsection, a fi re department shall have a Public
Protection Classification of nine (9) or better from ISO Commercial
Risk Services, Inc., limit the size of such volunteer county fire
department to not less than six or mo re than twenty members per fire
station, and shall be subject to the laws of the State of Oklahoma
regarding the administration and operation of a fire department,
including, but not limited to, the laws of the Sta te Department of
Labor and the State Fire Marshal Commission. For purposes of this
subsection, a volunteer fire department is one which has in its
employ not more than two full -time salaried firefighters.
3. Directors of a county fire department organize d pursuant to
this subsection shall be owners of real property in and residents of
said district. At the time of making its order organizing such
county fire department, the board of county commissioners shall
appoint five directors, one of which shall ho ld his or her
respective office for a term of five (5) years, one of which shall
hold his or her respective office for a term of four (4) years, one
of which shall hold his or her respective office for a term of three
(3) years, one of which shall hold his or her respective office for
a term of two (2) years, and one of which shall hold his or her
respective office for a term of one (1) year. On or before January
1, 2002, the board of county commissioners shall, for fire
departments which operate more than five fire stations, appoint
additional directors of a county fire department until the numbe r of
directors equals the number of fire stations operated by that county
fire department. Each additional director shall be appointed by the
board of county comm issioners for a term that matches the term of
one of the first five directors appointed. Whe never a new fire
station is added to a county fire department which has five or more
fire stations, the board of county commissioners shall appoint an
additional director from that district in which the ne w fire station
has been added. Each year thereafte r, there shall be appointed by
the board of county commissioners for a term of five (5) years so ENR. H. B. NO. 3079 Page 4
many members as are necessary to replace all members whose terms a re
expiring on the board of directors for such county fire department.
4. The board of direc tors of a county fire department organized
pursuant to this subsection shall select one of its members to serve
as chair and shall appoint a clerk and a treasurer. The board of
directors shall fix the ter m and duties of the chair, clerk and
treasurer. The chair and members of the board of directors shall
serve without compensation. The treasurer shall give an official
bond, in an amount fixed and with sureties ap proved by the board of
county commissioners, conditioned upon the faithful accounting for
all money pertaining to the county fire department and coming into
his or her hands.
5. The board of directors of a county fire department organized
pursuant to this subsection shall have the following power s and
duties:
a. to manage and conduct the business affairs of such
county fire department,
b. to make and execute all necessary contracts,
c. to purchase or lease -purchase and maintain all
necessary and convenient engines, hoses, hose carts or
other appliances and supplies for the full equipment
of a fire company or department from available funds,
d. to appoint the fire chief, fire company officers and
employees (whether paid or volunteer), sufficient to
maintain and operate the equipment owned by the cou nty
fire department,
e. to take by grant, purchase, gift, devise or lease, and
to dispose of real or personal property of every kind
necessary for the operation of the county fire
department,
f. to construct or otherwise acquire from available funds
suitable firehouses and other buildings or structures
suitable for the housing of equipment and supplies of
the county fire department, or for carrying on its own
business and affairs,
ENR. H. B. NO. 3079 Page 5
g. to employ such officers and empl oyees as may be
required from available fu nds, fix their compensation
and prescribe their dut ies,
h. to establish rules for such county fire department and
for the prevention of fires and conflagrations within
the department's boundaries and for the protec tion of
property at and during any fire,
i. to do any and all other things necessary and prop er in
the management and operation of the county fire
department for the purpose of protecting property
within its boundaries from fire, and
j. to prepare an annual budget and follow existing laws
pertaining to the budget process such as public
notice, public hearings, protest periods and filing
requirements in the same manner as they apply to other
forms of government in Oklahoma.
6. The board of directors of a county fire department organized
pursuant to this subsection may submit an application to inclu de the
firefighters of such county fire department in the Oklahoma
Firefighters Pension and Retirement System. The application for
participation in the Oklahoma Firefighters Pension and Retirement
System shall be submitted in accordance with subsection A of Section
49-105.2 of Title 11 of the Oklahoma Statutes. For purposes of
complying with Sections 49 -103 and 49-104 of Title 11 of the
Oklahoma Statutes, the ch air, clerk and treasurer of the board of
directors of the county fire department shall serve on the local
firefighters pension and retirement board along with three
firefighters of such county fire department elected by the members
of the county fire depar tment. The chair of the board of directors
of the county fire department shall be the chair of the local board
of the county fire department and the clerk of the board of
directors of the county fire department shall be the secretary of
the local board of the county fire department. The chair of t he
local board of the county fire department shall have a casting vote
with the members of the local board of the county fire department
only when necessary to avoid a tie vote. The local board of the
county fire department shall promulgate such rules as may be
necessary to ensure the orderly conduct of a local board meeting.
While participating in the Oklahoma Firefighters Pension and
Retirement System, the board of directors, local board and fire ENR. H. B. NO. 3079 Page 6
chief of the county fire department shall perform all adm inistrative
requirements of the pension system.
7. Any board of directors of a county fire department organized
pursuant to this subsection having volunteers enrolled as members of
such county fire department s hall adopt a code of minimum rules and
regulations in substantial compliance with the following:
a. Fire chief.
(1) The fire chief shall be at the head of the
department, subject to the laws of the State of
Oklahoma, rules of the board of directors, and
the rules and regulations herein adopted.
(2) The fire chief shall be held responsible for the
general condition and efficient operation of the
department, the training of members, and the
performance of all other duties imposed upon him
or her by law or the board of directors.
(3) The fire chief may i nspect or cause to be
inspected by members of the d epartment, the fire
hydrants, cisterns and other sources of water
supply at least twice a year.
(4) The fire chief shall maintain a library or file
of publications on fire prevention and fire
protection and shall make use of the library or
file to the best advantage of all members.
(5) The fire chief shall make every effort to attend
all fires and direct the officers and members of
the fire department in th e performance of their
duties.
(6) The fire chief shall see that the citizens are
kept informed on fir e hazards within the
boundaries of the department and on the
activities of the department.
(7) The fire chief shall see that each fire is
carefully investigated to determine its cause,
and in the case of s uspicion of incendiarism
shall notify proper author ities. The fire chief ENR. H. B. NO. 3079 Page 7
shall secure and preserve all possible evidence
for future use in the case of a suspicious
incendiarism.
(8) The fire chief shall file the appropriate
activity report forms with the Office of the
State Fire Marshal in Oklahoma City o n an annual
basis. The activity report forms shall be
designed by the State Fire Marshal and shall
include, but not be limited to, the amount of
property and vehicle fire loss, types of fires,
inspections and investigations. The report shall
include notification of all fire-related civilian
deaths and injuries in the respective
jurisdiction and of firefighter deaths in the
line of duty and of firefight er injuries in the
line of duty requiring the services of a hospital
or physician or both.
b. Assistant fire chief.
In the absence of the fire chief, the assistant fire
chief on duty shall command the department and be held
responsible therefore in all r espects with the full
powers and responsibilities of the fire chief.
c. Company officers.
The company officers shall be selected upon their
ability to meet the following requirements:
(1) their knowledge of firefighting,
(2) their leadership ability, a nd
(3) their knowledge of firefighting equipment.
d. Secretary-treasurer.
One member elected by the fire depart ment shall be
secretary-treasurer. His or her duties shall consist
of the following:
(1) calling the roll at the opening of each meeting,
ENR. H. B. NO. 3079 Page 8
(2) keeping the minutes of each meeting, and
(3) collecting any money due the department by the
members.
e. New members.
(1) An applicant of a participating county fire
department of the Oklahoma Firefighters Pension
and Retirement System shall meet the membership
requirements of the Oklahoma Firefighters Pension
and Retirement System before he or she may be
appointed as a new member of the county fire
department.
(2) A new member shall be on probation for one (1)
year after his or her appointment.
(3) A new member of a participat ing county fire
department of the Oklahoma Firefighters Pension
and Retirement System shall b e immediately
enrolled as a member of the Oklahoma Firefighters
Pension and Retirement System regardless of
whether such member has com pleted his or her
probation period.
(4) The majority of the fire depar tment members must
approve new volunteer members up on completion of
their probation period.
f. Bylaws.
The bylaws of the department shall include:
(1) All volunteer firefighters are required, when
notified, to respond to fire alarms and other
emergencies.
(2) A volunteer firefighter is required to be prese nt
at all regular meetings, call meetings and
schools presented for the benefit of the
firefighters.
(3) There shall be at least one regular business
meeting each month. ENR. H. B. NO. 3079 Page 9
(4) Any volunteer firefighter havin g two unexcused
absences in succession or three une xcused
absences in a period of three (3) months will be
dropped from the fire department rolls.
(5) Volunteer firefighters leav ing the boundaries of
the department for an extended period of time
will be required to notify the fire chief.
(6) Any volunteer firefighter refusing to attend
training classes provided for him or her will be
dropped from the fire department rolls.
(7) Any volunteer member of the fire depart ment shall
be dropped from the fire depart ment rolls for the
following offenses:
(a) conduct unbecoming a firefighter,
(b) any act of insubordination,
(c) neglect of duty,
(d) any violation of rules and regulations
governing the fire department, or
(e) conviction of a felony.
8. a. A county fire department organized pursuant to the
provisions of this subsection shall maintain,
according to its own accounting needs, some or all of
the funds and account groups in it s system of accounts
that are consistent wit h legal and operating
requirements and as prescribed by the State Auditor
and Inspector. The required funds may include, but
not be limited to:
(1) a general fund, to account for all monies
received and disburs ed for general department
purposes, including all assets, liabilities,
reserves, fund balances, revenues and
expenditures which are not ac counted for in any
other fund or special ledger account,
ENR. H. B. NO. 3079 Page 10
(2) special revenue funds, as required, to account
for the proceeds of specific revenue sources that
are restricted by law to expenditures for
specific purposes,
(3) a capital improvement fund, to ac count for
financial resources segregated for acquisition,
construction or other improvement related to
capital facilities, and
(4) a ledger or group of accounts in which to record
the details relating to t he general fixed assets
of the county or department .
b. Funds raised by a nonprofit organization for the
purpose of supporting the fire protection services of
a county fire department organized pursuant to the
provisions of this subsection, whether such fu nds were
raised before or after a corporate fire de partment
converts to a county fire department, shall not be
commingled with public funds and shall be used only
for designated benevolent or charitable purposes,
including, but not limited to, fire protect ion
purposes.
c. No expenditure may be authorized o r made by any
employee or member of the board of directors of a
county fire department organized pursuant to the
provisions of this subsection which exceeds any fu nd
balance of any fund of the budget as ad opted or
amended or which exceeds the appropriation for any
fund of the budget as adopted or amended. Any balance
remaining in a fund at the end of the budget year
shall be carried forward to the credit of the fun d for
the next budget year. It shall be u nlawful for any
employee or member of the board of directors of a
county fire department organized pursuant to the
provisions of this subsection in any budget year to
create or authorize creation of a deficit in an y fund.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby ENR. H. B. NO. 3079 Page 11
declared to exist, by reason whe reof this act shall take effect and
be in full force from and after its passage an d approval.
ENR. H. B. NO. 3079 Page 12
Passed the House of Representatives the 7th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________