STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 3086	By: Sanders	

AS INTRODUCED

An Act relating to public safety; providing short title; creating the Oklahoma Incident Management Team Program and Oklahoma Incident Management Team; designating the Department of Public Safety as the home agency; providing for appointment of program director and assistant director; establishing salaries; providing for retention of position and benefits; allowing for continued eligibility in retirement system; stating duties of program director and assistant director; authorizing employment of additional personnel; providing duties of Oklahoma Incident Management Team; authorizing contractual agreements with local governments; creating the Oklahoma Incident Management Team Revolving Fund; providing that fund shall consist of monies received by certain entities; providing for expenditures; creating the Oklahoma Incident Management Team Standards and Credentialing Board; stating purpose of Board; providing for membership; providing for meeting times; requiring development of process for admittance onto and removal from Oklahoma Incident Management Team; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-161 of Title 47, unless there is created a duplication in numbering, reads as follows:
Sections 1 through 4 of this act shall be known and may be cited as the "Oklahoma Incident Management Team Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-162 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created the Oklahoma Incident Management Team Program and the Oklahoma Incident Management Team.  The Department of Public Safety shall be the home agency of the Oklahoma Incident Management Team Program and the Oklahoma Incident Management Team.  The Commissioner of the Department of Public Safety shall appoint an Incident Management Team Program Director who shall be responsible to the Commissioner for the operation and administration of the program.  The salary of the Program Director shall be commensurate with the salary of an Oklahoma Department of Public Safety Patrol Major.
B.  The Oklahoma Incident Management Team Program Director shall:
1.  Retain the authorities in his or her current classified position and have the right to return to the previously held classified position of the employee without any loss of rights, privileges, or benefits immediately upon completion of the duties of the Oklahoma Incident Management Team Program Director; provided, the employee is not otherwise disqualified; and
2.  If already a member of a state retirement system, be eligible to continue participation in that system.  If not a member of a state retirement system, the Program Director shall be eligible to participate in the Oklahoma Public Employees Retirement System.  The Oklahoma Incident Management Team Program Director shall be eligible for participation in only one state retirement system and shall elect in writing the system in which he or she intends to participate.
C.  The Commissioner of Public Safety may commission the Program Director of the Oklahoma Incident Management Team Program as a peace officer if at the time of the appointment the Program Director is certified as a law enforcement officer by the Council on Law Enforcement Education and Training (CLEET).
D.  The Oklahoma Incident Management Team Program Director shall have the duty and responsibility to coordinate the implementation and administration of the State of Oklahoma's Incident Management Team Program.  These duties shall include but not be limited to:
1.  Representing the State of Oklahoma with federal agencies as the Oklahoma Incident Management Team Program Director for purposes of accessing federal funds and cooperating with federal agencies in the development and implementation of a nationwide Incident Management Team Program;
2.  Coordinating the Incident Management Team efforts within the State of Oklahoma including working with the Governor and Legislature, state agencies, local elected officials and local governments, emergency responder groups, private-sector businesses, educational institutions, volunteer organizations, and the general public;
3.  Assisting the Oklahoma Incident Management Team leads or incident commanders with training, deployments and other duties involved with the program; and
4.  Producing needed documentation in support of the Oklahoma Office of Emergency Management.
E.  The Program Director of the Oklahoma Incident Management Team Program shall be authorized to hire an Assistant Director who shall:
1.  Retain the authorities in his or her current classified position and have the right to return to the previously held classified position of the employee without any loss of rights, privileges, or benefits immediately upon completion of the duties of the Oklahoma Incident Management Team Program Assistant Director, provided the employee is not otherwise disqualified; and
2.  If already a member of a state retirement system, be eligible to continue participation in that system.  If not a member of a state retirement system, the Assistant Director shall be eligible to participate in the Oklahoma Public Employees Retirement System.  The Assistant Director shall be eligible for participation in only one state retirement system and shall elect in writing the system in which the Assistant Director intends to participate.
The salary of the Assistant Director to the Oklahoma Incident Management Team Program Director shall be set by the Commissioner of Public Safety and shall be commensurate with the salary of an Oklahoma Department of Public Safety Patrol Captain.  The duties of the Assistant Director shall be determined by the Program Director.
F.  The Director shall be authorized to employ personnel necessary to achieve the mission of the Oklahoma Incident Management Team Program.  Other federal, state, and local personnel may be assigned to the Oklahoma Incident Management Team Program pursuant to an interagency agreement.  All positions and personnel of the Oklahoma Incident Management Team Program shall be exempt from the full-time-employee limit of the Department of Public Safety.
G.  The Oklahoma Incident Management Team shall:
1.  Be comprised of no more than three Team Leads or Incident Commanders;
2.  Each Team Lead shall be responsible for assigning and supervising the components of the Oklahoma Incident Management Team during deployments and day-to-day functions;
3.  Team Leads or Incident Commanders shall be responsible for the coordination of prospective Teams with the Program Director;
4.  Provide jurisdictions with assistance by supplying a robust Incident Management Team;
5.  Have no originating jurisdiction and shall only deploy at the request of the agency having jurisdiction whether these agencies be state, county, local or tribal;
6.  The Team Leads or Incident Commanders shall assign the command and general staff positions along with any unit leader positions or technical specialist needed for deployments, with preference given to credentialed personnel;
7.  The Team Leads or Incident Commanders shall use all available information and circumstances to make his or her decision on whether or not the Oklahoma Incident Management Team deploys; and
8.  Follow the National Incident Management System and the Incident Command System while deployed.
H.  The Program Director of the Oklahoma Incident Management Team Program and any local government may enter into contracts with each other for equipment and personnel, or both.  The contract may include any provisions agreed upon by the parties and as required by any federal or state grant, if applicable.  The Program Director may also apply for and receive state and federal grants on behalf of the Oklahoma Incident Management Team Program and Oklahoma Incident Management Team.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-163 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Incident Management Team to be designated the "Oklahoma Incident Management Team Revolving Fund".  The Oklahoma Incident Management Team Revolving Fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of monies received by the Oklahoma Incident Management Team or the Department of Public Safety from:
1.  Reimbursements from responsible parties for reasonable actions taken and costs incurred by a response to an incident or event;
2.  Reimbursements, grants, or other monies received from other state agencies and entities of state government;
3.  Reimbursements, grants, or other monies received from the federal government from services related to deployments;
4.  Gifts, donations, and bequests; and
5.  Monies appropriated or apportioned by the state.
B.  All monies accruing to the credit of the Oklahoma Incident Management Team Revolving Fund are hereby appropriated and may be budgeted and expended by the Oklahoma Incident Management Team for:
1.  Operating expenses;
2.  Administrative duties;
3.  Education and reimbursement for expenses;
4.  Deployments to incidents, events or training and reimbursement for expenses; and
5.  Equipment and maintenance of the equipment.
C.  Expenditures from the Oklahoma Incident Management Team Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-164 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created the Oklahoma Incident Management Team Standards and Credentialing Board.  This Board shall also serve as the Oklahoma Incident Management Team Oversight Committee.  The Oklahoma Incident Management Team Standards and Credentialing Board shall assist the Commissioner of Public Safety in promulgating rules and procedures for the Oklahoma Incident Management Team Program.  The Board shall consist of fifteen (15) members, four of whom shall be ex officio and nonvoting members, as follows:
1.  The Director of the Oklahoma Office of Homeland Security Director or designee;
2.  The Director of the Oklahoma Office of Emergency Management or designee;
3.  The Secretary of the State Board of Registration for Foresters or designee;
4.  The Commissioner of the State Department of Health or designee;
5.  The State Fire Marshal of the State Fire Marshal Commission or designee;
6.  The Highway Patrol Chief of the Department of Public Safety or designee;
7.  A certified peace officer selected by the Oklahoma Sheriffs and Peace Officers Association;
8.  A certified peace officer selected by the Oklahoma Association of Police Chiefs;
9.  A municipal public works employee selected by the Oklahoma Municipal League;
10.  The Executive Director of the Oklahoma Council on Firefighter Training or designee;
11.  A member of the Oklahoma State University Medical Authority;
12.  The Oklahoma Incident Management Team Program Director who shall be an ex officio nonvoting member; and
13.  Three Team Leads or Incident Commanders of the Oklahoma Incident Management Team who shall be ex officio nonvoting members.
B.  The Oklahoma Incident Management Team Standards and Credentialing Board shall meet at least quarterly or more frequently at the discretion of the Board.  The Program Director from the Oklahoma Incident Management Team Program or Assistant Director shall attend the meetings of the Board.  A majority of the members of the Board shall constitute a quorum.  The Board shall establish policies and procedures for the Board.
C.  The Oklahoma Incident Management Team Oversight Committee shall develop a process for admittance onto the Oklahoma Incident Management Team and a process for removal.  All members on the Oklahoma Incident Management Team shall be affiliated and supported by an individual agency and shall not receive a salary for being a member of the Oklahoma Incident Management Team.  On declared incidents where the Oklahoma Incident Management Team members are deployed, reimbursement may be sought through the proper channels.
D.  The Oklahoma Incident Management Team Program and the rules promulgated by the Oklahoma Incident Management Team Program Standards and Credentialing Board shall be considered separate from Incident Management Team or Forestry Teams subject to the National Wildfire Coordinating Group.
SECTION 5.  This act shall become effective November 1, 2014.

54-2-9251	GRS	01/09/14