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ENGROSSED HOUSE
BILL NO. 2429 By: May of the House
and
Garvin of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section s 1820.11, 1820.12, and
1820.13, which relate to the Fire Extinguisher
Licensing Act; lowering age qualification; removing
requirements for license application; modifying
application for licensing; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1820.11, is
amended to read as follows:
Section 1820.11 A. Any person applying for a license to engage
in a fire extinguisher industry business pursu ant to the Fire
Extinguisher Licensing Act shall provide evidence to the F ire
Extinguisher Industry Committee that the individual within this
state having direct supervision over the function and local
operations of the fire extinguisher industry business or a branch
thereof has the following qualifications:
1. The individual i s at least twenty-one (21) eighteen (18)
years of age;
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2. The individual has not been declared by any co urt of
competent jurisdiction incompetent by reason of mental defect or
disease;
3. The individual is not a habitual user of intoxicating
liquors or habit-forming drugs;
4. The individual has not been discharged from the Armed
Services of the United Stat es under other than honorable conditions;
and
5. The individual meets such o ther standards as may be
established by the State Fire Marshal Commission relating to
experience or knowledge of the fire extinguisher industry.
B. The applicant shall advise the Committee and furnish full
information on each individual described in subse ction A of this
section of any conviction of a felony crime which substant ially
relates to the occupation of an individual in a fire extinguisher
industry business and poses a rea sonable threat to public safety for
which a full pardon has not been granted. The applicant shall
furnish a recent photograph of a type prescribed by the Committee
and two classifiable sets of fingerprints of such individual.
C. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to p erform one or more of the duties or
responsibilities necessarily related to the occupation; and
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2. "Poses a reasonable threat" means the nature of criminal
conduct for which the per son was convicted involved an act or threat
of harm against another and ha s a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1820.12, is
amended to read as follows:
Section 1820.12 A. An application for a licens e shall include:
1. The address of the principal office of the applicant and the
address of each branch office located within this state;
2. The name of each business location unde r which the applicant
intends to do business as a licensee; and
3. A statement as to the extent and scope of the fire
extinguisher industry business of the applicant and all other
businesses in which the applicant is engaged in this state;
4. A recent photograph of the applicant of a type prescribed by
the State Fire Marshal C ommission if the applicant is a sole
proprietor, or a photograph of each officer and of each partner or
shareholder who owns a twenty -five percent (25%) or greater interest
in the applicant, if the applicant is an entity; and
5. Such other information, sta tements, or documents as may be
required by the State Fire Marshal Commission.
B. An applicant for an individual license shall provide such
documents, statements or other information a s may be required by the
State Fire Marshal Commission , including two classifiable sets of
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fingerprints of the app licant. The fingerprints may be used for a
national criminal history record check as defined by Section 150.9
of Title 74 of the Oklahoma Sta tutes.
C. Fees for license a nd license renewal issued pursuant to the
Fire Extinguisher Licensing Act shall be ad opted by the State Fire
Marshal Commission pursuant to Section 1820.19 of Title 59 of the
Oklahoma Statutes this title. An applicant shall pa y the license
fee at the time the applicant makes application.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 1820.13, is
amended to read as follows:
Section 1820.13 A. 1. Upon making a proper initial fire
extinguisher business application, payment of the proper license fee
and certification of appro val by the Fire Extinguisher Industry
Committee, the State Fire Marshal shall issue a an initial fire
extinguisher business license to the applicant. The fire
extinguisher business license shall be valid for a one-year term.
2. Upon making a proper initi al individual application,
individual renewal application or fire extinguisher business renewal
application, and payment of the proper license fee, the State Fire
Marshal shall issue al l initial individual licenses, individual
renewal licenses and fire extinguisher business renewal licenses.
These licenses shall be valid for a one-year term.
B. Renewal of a license shall not prohibit disciplinary
proceedings for an act commi tted prior to the renewal.
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C. The State Fire Marshal Commission may adopt a system under
which licenses expire on various dates through out the year. For any
change in such expiration dates, license fees shall be prorated on
an appropriate periodic basis.
SECTION 4. This act shall become effective November 1, 2023.
Passed the House of Representatives the 14th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate