ENROLLED SENATE
BILL NO. 726	By:	Barrington of the Senate

			and

		Armes, Collins, Pittman, Reynolds, Kern and Tibbs of the House

An Act relating to retirement; amending 11 O.S. 2001, Section 29-102, which relates to fire chiefs; clarifying duty of certain fire chief; prohibiting a fire chief from holding certain other positions; amending 11 O.S. 2001, Section 49-124, which relates to the Oklahoma Firefighters Pension and Retirement System; modifying requirement for certain fire departments to report certain information; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     11 O.S. 2001, Section 29-102, is amended to read as follows:

Section 29-102.  All cities having a paid fire department shall have one full‑time fire chief whose primary duty who shall be the administration of supervise and administer the fire department in accordance with the policies and procedures prescribed by the governing body or by the city manager.  The fire department shall be under the direction and control of the fire chief who shall not serve as fire chief and also as police chief, city manager, mayor or any other position that impairs the ability to perform the duties of a fire chief.  The fire chief of any paid municipal fire department shall have had at least three (3) years' actual experience as a paid fire fighter.  It shall be the duty of the fire chief to file the appropriate activity report forms with the Office of the State Fire Marshal in Oklahoma City on 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 fire fighter deaths in the line of duty and of fire fighter injuries in the line of duty requiring the services of a hospital or physician or both.

 SECTION 2.     AMENDATORY     11 O.S. 2001, Section 49-124, is amended to read as follows:

Section 49-124.  On forms supplied by the State Board, it is hereby made the duty of the clerk of each participating municipality or fire protection district in which an organized department is maintained having fire fighting apparatus of the value of One Thousand Dollars ($1,000.00) or more, to record annually with the State Board the name of such fire department and the number of fire fighters with their names, birthdate, date of appointment and date of expiration of term of service.

SECTION 3.  This act shall become effective July 1, 2009.

SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the Senate the 20th day of May, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 21st day of May, 2009.

	
Presiding Officer	of the House
	of Representatives