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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1842 By: Thompson (Kristen)
AS INTRODUCED
An Act relating to county emergency services;
amending 19 O.S. 2021, Section s 901.7 and 901.19,
which relate to fire protection districts; allowing
board of directors to adopt certain act; allowing for
elections to increase certain millage; enabling board
of directors to levy millage for certain purpose;
allowing board of directors to form ambulance service
district; updating statutory language; updating
statutory references; providing for the governing
body of certain district; providing for certain
millage funding and increases; providing for
codification; and pro viding an effective date .
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 901.7, is
amended to read as follows:
Section 901.7. A. The board of directors of a fire protection
district shall have the power and duty to:
1. Manage and conduct the business affairs of such district;
2. Make and execute all n ecessary contracts;
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3. 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;
4. Appoint fire company officers and employees, sufficient to
maintain and operate the equipment owned by su ch district;
5. Take by grant, purchase, condemnation, gift, devise , or
lease, and to dispose of, real or personal property of every kind
necessary for the operation of the district;
6. Construct or otherwise acquire suitable firehouses and o ther
buildings or structures suitable for t he housing of equipment and
supplies of the district, or for carrying on its own bu siness and
affairs;
7. Employ such officers and employees as may be required, fix
their compensation, and prescribe their duties;
8. Establish rules and regulations for th e district and for the
prevention of fires and conflagrations within the dis trict and for
the protection of property at and during any fire;
9. Prepare an annual budget and follow existing laws pertaining
to the budget process such as public notices, publi c hearings,
protest periods, and filing requirements in the same manner as they
apply to other forms of government in Oklahoma this state;
10. Determine vacancies of the board of directors, fill
vacancies, and conduct board elections in t he event of a vacancy on
the board of directors;
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11. Develop bylaws for the due and orderly admini stration of
the affairs of the board of directors and for its responsibilities
specified pursuant to this chapter, and may compel the attendance of
absent members in the manner and under penalties as the board may
prescribe; and
12. Do any and all other t hings necessary and proper in the
management and operation of the district for the purpose of
protecting property within its boundaries from fire.
B. A fire protection district, created pursuant to this chapter
Section 901.1 et seq. of this title , shall be deemed a political
subdivision of this s tate. The board may submit an applic ation to
include the firefighters of the district in the Oklahoma
Firefighters Pension and Retirement System. The application for
affiliation shall be submitted in accordance w ith subsection A of
Section 49-105.2 of Title 11 of the Oklahoma Statutes.
C. The Board of Directors board of directors may acquire a
certification or license to operate an emergency medical services
agency from the State Department of Heal th or contract for services
with a certified or licensed emergency medical s ervice agency. The
district’s emergency medical service agency may respond outside of
the district boundaries ;, provided, that the political subdivisions
having jurisdiction over th e area provide to the Department proper
documentation of their support.
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D. The board of directors may adopt any or all portions of the
Ambulance Service Districts Act , as outlined in Section 4 of this
act.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 901.19, is
amended to read as follows:
Section 901.19. A. Each year the board shall levy an
assessment sufficient to raise the annual interest on the
outstanding bonds or ot her evidences of indebtedness, and, in
addition thereto, an amount equal to the amount of the bonds to be
retired in said such year or the installment of principal to be
amortized during said such year.
B. 1. Except as otherwise provided by this subsection, the
board shall also levy an annual assessment sufficient to care for
the cost of operation of the district and the maintenanc e of the
fire department and its equipment, and for payment of salaries of
the officers and employees of the district ,; provided, that no such
annual assessment for operation, maintenance, and sala ries shall
exceed seven (7) mills on the dollar of assessed value of the
property in the district.
2. The board may levy an as sessment over seven (7) mills but
not to exceed ten (10) mills with allowed increases o f no more than
three (3) mills per ballot me asure for fire protection and other
essential services pro vided by the fire protection district upon
approval for such at an election held at such time and in such
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manner as provided by Section 901.5 of this title for elec tion of
board members.
3. The board may levy an assessment starting at seven (7) mills
with allowed increases of no more than three (3) mills per ballot
measure in order to form an ambulance service district upon approval
of such at an election held at such time and in such manner a s
provided by Section 901.5 of this title for election of board
members.
4. If a county approves an exem ption of household goods of the
heads of families and livestock employed in support of the family
pursuant to the provisions of subsection (b) B of Section 6 of
Article X of the Oklahoma Co nstitution, the millage rate of any levy
authorized by this section for the property located in a fire
protection district which is in such county shall be adjusted by the
millage adjustment factor set forth in subsection (b ) of Section 8A
of Article X of the Oklahoma Constitution.
C. All assessments levied under the authority of Sections 901.1
through 901.50 of this title , shall be a lien against the tract of
land on which they have been levied, until paid, and said such lien
shall be coequal with the lien of ad valorem and other taxes,
including special assessments, and prior and superior to all other
liens.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1210.1 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. Should a fire protection district, as established under the
provisions of Section 901 .1 et seq. of Title 19 of the Oklahoma
Statutes, adopt any or all of the provisions of the Ambulance
Service Districts Act, s uch district may levy millage as needed for
the formation and continued operation and expenses of the ambulance
service district pursuant to Section 901.19 of Title 19 of the
Oklahoma Statutes.
B. An existing fire protection district , as established under
the provisions of Section 901 .1 et seq. of Title 19 of the Oklahoma
Statutes, may adopt any or all portions of the Ambulance Service
Districts Act by resolution for its district boundaries pursuant to
Section 901.7 of Title 19 of the Ok lahoma Statutes for the purpose
of forming an ambulance service district.
C. The board of directors of such fir e protection district
shall serve as the governing body of the ambulance service district,
according to the provisions of Section 1208 of Title 19 of the
Oklahoma Statutes.
D. Initial millage funding and increases for continued
operations and expenses of the ambulance service district shall be
approved by a simple majority vote of the citizens within the
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district according to the provisions of Section 901.19 of Title 19
of the Oklahoma Statutes .
SECTION 4. This act shall become effective November 1, 2024.
59-2-2709 MSBB 1/17/2024 4:59:09 PM