ENROLLED HOUSE
BILL NO. 1835	By:	Sanders, Dorman, Roberts (Dustin), Cockroft and Walker of the House

				and

		Sykes of the Senate

An Act relating to firefighters; amending 74 O.S. 2011, Section 325.1, which relates to the Oklahoma Council on Firefighter Training; increasing number of Council members; changing certain membership requirements; describing additional member requirement and duties; requiring Council to set minimum standards and oversee continuing education programs; providing for vice-chairperson; providing for selection of chairperson and vice-chairperson; eliminating staffing and funding sources; permitting Council to seek federal and private grants; increasing frequency of Council’s meetings; amending 68 O.S. 2011, Section 2358.7, which relates to volunteer firefighter tax credits; changing program requirements for claiming tax credit; allowing programs offered by the Oklahoma Department of Career and Technology Education; eliminating certain education requirements; mandating equivalency be determined by the Oklahoma Council on Firefighter Training; specifying completion of annual training to claim tax credit; granting local fire chief authority to choose and approve training; eliminating certain duty of Oklahoma State University Fire Service Training program; and requiring Oklahoma Council on Firefighter Training to provide Oklahoma Tax Commission with certain documents.

SUBJECT:  Firefighters

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

SECTION 1.     AMENDATORY     74 O.S. 2011, Section 325.1, is amended to read as follows:

Section 325.1  A.  There is hereby established the Oklahoma Council on Firefighter Training.

B.  The Council shall consist of nine (9) ten (10) members, two three of whom shall be ex officio and nonvoting, as follows:

1.  One member to be appointed by the Oklahoma State Firefighters Association who shall be a member of an Oklahoma fire department representing all members of paid, volunteer and combination fire departments;

2.  One member to be appointed by the Professional Fire Fighters of Oklahoma who shall be a fire union officer, chief officer, or fire service instructor from a full-time paid fire department;

3.  One member to be appointed by the Oklahoma Fire Chiefs’ Association who shall be a chief officer or fire service instructor from an Oklahoma career or combination or volunteer fire department;

4.  One member to be appointed by the State Fire Marshal Commission who shall be a representative of the Oklahoma Fire Service with commensurate preferred skills in arson investigation or code enforcement;

5.  One member to be appointed by the Oklahoma Rural Fire Coordinators who shall be a chief officer or fire service instructor from a volunteer fire department;

6.  One member to be appointed by the Director of the State Department of Health-Emergency Medical Services Division who shall be a chief officer or fire service EMS instructor from an Oklahoma fire department;

7.  One member to be appointed by the Director of the Oklahoma Department of Homeland Security who shall be a municipal emergency management official;

8.  The Director of Fire Service Training, Oklahoma State University, ex officio and nonvoting; and

9.  The Director of Fire Service Publications, Oklahoma State University, ex officio and nonvoting; and

10.  The Director of the Oklahoma Department of Career and Technology Education or the Director's designee, ex officio and nonvoting.

C.  The initial term of office for the members of the Council shall be:

1.  Three (3) years for persons appointed pursuant to paragraphs 1 through 3 of subsection B of this section;

2.  Two (2) years for persons appointed pursuant to paragraphs 4 and 5 of subsection B of this section; and

3.  One (1) year for persons appointed pursuant to paragraphs 6 and 7 of subsection B of this section.

D.  After the expiration of the initial terms of office prescribed by subsection C of this section, the term of office for each member of the Council shall be for a period of three (3) years.

E.  Each member of the Council shall serve at the pleasure of the appointing authority.

F.  Appointments made to fill a vacancy in any position shall be for the period of time remaining for such appointed position and shall be made in the same manner as for the original appointment.  Any vacancy in the Council shall be filled in the same manner as provided for in the original appointment.

G.  The Council shall be responsible for:

1.  Identifying firefighter training needs and setting the firefighter training goals for the State of Oklahoma;

2.  Interacting with the Homeland Security Department’s Preparedness and Awareness Division on firefighter training and grants; and

3.  Administering and maintaining the incentive and recognition programs established for Oklahoma firefighters; and

4.  Ensuring that the state has consistent basic and continuing education programs that include steps for all ranks or positions of career and volunteer firefighters, by setting minimum standards for career, recommended levels for volunteer, identifying training programs and courses required for fire service members to achieve those levels.

H.  The Council shall advise the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the State Senate and the Oklahoma State Fire Service on fire and emergency service training needs for the state.  The Council shall submit an annual report or recommendations regarding fire and emergency service training needs to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the State Senate not later than December 31 each year.

I.  After the initial appointments to the Council have been made and at the beginning of each fiscal year thereafter, the Council shall select from among its membership a chairperson and vice-chairperson.  The chairperson and vice-chairperson shall be selected annually at the first regularly scheduled meeting of the Board on or after July 1.  Either the current chairperson or current vice-chairperson shall be a current volunteer member of a combination or volunteer fire department.

J.  At least four members of the Council must be present to constitute a quorum at the meetings of the Council.  A simple majority of the members in attendance and voting shall constitute passage of any vote.

K.  The chair of the Council shall recommend to the appointing authority the replacement of any Council member who misses more than two consecutive regular meetings or who attends less than fifty percent (50%) of the Council’s regularly scheduled meetings in a twelve-month period without an excused absence.

L.  The Staff of the Oklahoma State Firefighters Association shall provide the Council with administrative, professional and clerical services as funding permits.  Functions of the Council that may be paid for from other sources shall be paid using such other sources as my be authorized by law The Council may seek federal and private grants where applicable.

M.  The Council shall conduct four six meetings annually.  Meetings of the Council shall be held at a location and time to be determined by the chair.  The chair shall have the discretion to cancel or reschedule any regular meeting by written notice within a reasonable time prior to the meeting.  Council members shall be notified of the time and place of all such meetings at least seven (7) days prior to the meeting date.

N.  Special meetings of the Council may be called at the discretion of the chair or by a written request of at least three members of the Council.  An agenda, together with a written notice of the time and place of any such meeting must be provided to the Council members at least seven (7) days in advance.  Only matters contained in the agenda shall be voted on at any special meeting.  The chair shall have the discretion to cancel any special meeting; provided, that such meetings called by the members of the Council are canceled only with their consent.

SECTION 2.     AMENDATORY     68 O.S. 2011, Section 2358.7, is amended to read as follows:

Section 2358.7  A.  For taxable years beginning after December 31, 2004, there shall be allowed as a credit against the tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma Statutes in this title an amount equal to:

1.  Two Hundred Dollars ($200.00) each year for which a volunteer firefighter provides proof of certification as required by subsection B of this section; and

2.  Four Hundred Dollars ($400.00) each year following the taxable years for which a taxpayer is eligible for the credit provided by paragraph 1 of this subsection for a volunteer firefighter providing proof of certification as required by subsection D of this section.

B.  In order to claim the tax credit authorized by paragraph 1 of subsection A of this section, a volunteer firefighter shall be required to provide adequate documentation to the Oklahoma Tax Commission of at least twelve (12) credited hours toward the Volunteer Firefighter Practices program State Support or State Basic Firefighter or Firefighter I from an internationally recognized accrediting assembly or board, their equivalent, or other related fire or emergency medical services training approved by the Council on Firefighter Training and offered by Oklahoma State University Fire Service Training or Oklahoma Department of Career and Technology Education prior to or during the first taxable year for which a tax credit is claimed pursuant to paragraph 1 of subsection A of this section.  For the purpose of this subsection, the local fire chief shall be the authority having jurisdiction and shall choose and approve all volunteer firefighter training in the applicable department.

C.  For each year subsequent to the first year for which a volunteer firefighter may claim the tax credit authorized by paragraph 1 of subsection A of this section, in order to claim any further tax credits pursuant to paragraph 1 of subsection A of this section, the volunteer firefighter shall be required to provide documentation that the firefighter has completed an additional six (6) hours of Fire Service Training Volunteer Firefighter Practices program State Support or State Basic Firefighter or Firefighter I from an internationally recognized accrediting assembly or board, their equivalent, or other related fire or emergency medical services training approved by the Council on Firefighter Training until such program or its equivalent is completed.  For purposes of this subsection, equivalency shall be determined by the Oklahoma Council on Firefighter Training and Oklahoma State University Fire Service Training.  For purposes of this subsection, Firefighter I, or Firefighter II or Firefighter III certifications or their equivalents may be provided in lieu of the Volunteer Firefighter Practices certification State Support or State Basic Firefighter completion.

D.  After having completed at least thirty (30) hours of instruction and having completed the Volunteer Firefighter Practices State Support or State Basic Firefighter program, in order to be eligible for the tax credit authorized by paragraph 2 of subsection A of this section, the volunteer firefighter shall:

1.  Attend and receive certification for annual chemical, biological, radiological and nuclear (CBRN) response training and weapons of mass destruction (WMD) training of at least one (1) hour per subject, respectively;

2.  Complete at least six (6) hours of continuing education each year until the volunteer firefighter completes a certification as Intermediate or Advanced Firefighter or Firefighter I from an internationally recognized accrediting assembly or board, their equivalent, or other related fire or emergency medical services training approved by the Council on Firefighter Training or its equivalent.  For purposes of this paragraph, equivalency shall be determined by the Oklahoma Council on Firefighter Training and Oklahoma State University Fire Service Training;

2.  After completion of Intermediate or Advanced Firefighter or Firefighter I from an internationally recognized accrediting assembly or board, their equivalent, or other related fire or emergency medical services training approved by the Council on Firefighter Training, the volunteer firefighter shall complete six (6) hours of training per year to claim the tax credit.  For the purpose of this subsection, the local fire chief shall be the authority having jurisdiction and shall choose and approve all volunteer firefighter training in the applicable department;

3.  Provide documentation from the fire chief of the applicable department that the firefighter has been provided and participated in all annual training as required by federal and state authorities including, but not limited to, annual fit testing for breathing apparatus, “right-to-know” laws, Homeland Defense, CBRN, WMD or other applicable requirements; and

4.  Provide documentation from the fire chief of the applicable department that the volunteer firefighter has met the requirements under the fire department’s constitution and bylaws and is a member in good standing of the department together with a record of the total number of years of service in good standing with such department.

E.  In order to assist the Oklahoma Tax Commission with the administration of the tax credits authorized by this section, the Oklahoma State University Fire Service Training program shall provide to all fire departments a uniform document that indicates the annual training hours and continuing education training hours completed by each volunteer firefighter through the Fire Service Training program.  

F.  The Office of the State Fire Marshal and the Oklahoma Council on Firefighter Training shall prescribe a reporting form for use by volunteer fire departments and by volunteer firefighters in order to provide the certifications required by this section.

G. F.  The Oklahoma Tax Commission may require copies of such documentation reporting form provided by Oklahoma State University Fire Service Training program or the Office of the State Fire Marshal the Oklahoma Council on Firefighter Training regarding training history to verify eligibility for the tax credits provided by this section. 

SECTION 3.  This act shall become effective November 1, 2012.

Passed the House of Representatives the 17th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 23rd day of April, 2012.

	
Presiding Officer of the Senate