Bill Text For SB1166 - Enrolled
|ENROLLED SENATE |
|BILL NO. 1166 By: Jolley and Garrison of the |
| Senate |
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| Terrill, Roan and Walker of |
| the House |
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| An Act relating to public health and safety; creating |
| the Regional Emergency Nine-One-One Services Act; |
| providing short title; stating purpose; encouraging |
| formation of certain districts; defining terms; |
| designating jurisdictions; allowing for agreements; |
| authorizing emergency districts; providing for |
| certain reports; providing for codification; |
| providing an effective date; and declaring an |
| emergency. |
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|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| SECTION 1. NEW LAW A new section of law to be codified |
|in the Oklahoma Statutes as Section 2849 of Title 63, unless there |
|is created a duplication in numbering, reads as follows: |
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| A. This act shall be known and may be cited as the "Regional |
|Emergency Nine-One-One Services Act". |
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| B. It is the purpose of the Regional Emergency Nine-One-One |
|Services Act to encourage formation of emergency communication |
|districts in order to provide efficient delivery of emergency |
|nine-one-one (911) service throughout the state. |
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| C. This act shall not apply to any nine-one-one (911) system or |
|public agency participating in a nine-one-one (911) system that was |
|established prior to January 1, 2009, and that had adopted and begun |
|implementation of a process to provide Phase I and Phase II |
|nine-one-one (911) service by that date. |
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| D. For the purposes of this section: |
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| 1. "District" means an emergency communication district; |
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| 2. "Emergency communication district" means a district formed |
|pursuant to this act to deliver emergency nine-one-one (911) |
|services on a regional basis; |
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| 3. "Nine-one-one system" means an entity that processes |
|emergency nine-one-one (911) calls through a public safety answering |
|point; |
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| 4. "Participating public agency" means a public agency that is |
|included in a district; |
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| 5. "Principal municipality" means the municipality with the |
|largest population in a district; and |
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| 6. "Public agency" means a municipality or county that provides |
|or has authority to provide fire-fighting, law enforcement, |
|ambulance, medical or other emergency services; provided, it does |
|not mean any entity excluded from this act by the provisions of |
|subsection C of this section. |
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| E. On or before December 31, 2012, all public agencies in this |
|state shall form regional emergency communication districts for the |
|purpose of creating an area-wide emergency nine-one-one (911) system |
|for their respective jurisdictions. The territory of the district |
|shall be coextensive with the territory of the regional substate |
|planning district. If a public agency is situated in more than one |
|such territory, it shall become part of the district in which it is |
|principally located. If, due to the effect of subsection C of this |
|section, the majority of the participating public agencies located |
|in the territory of a proposed district determine that it would be |
|in the best interests of their citizens, they may request inclusion |
|in an adjacent district. |
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| F. The public agencies to be included in each district may form |
|the district by entering into local cooperative agreements which |
|shall establish a governance structure and provide for the joint |
|implementation, funding, operation, and management of the district. |
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| G. If the public agencies in a region are unable to develop a |
|local cooperative agreement by December 31, 2012, they shall be |
|included in an emergency communication district that is governed by |
|a board of directors consisting of an appointee by each public |
|agency that was authorized by its voters to fund a nine-one-one |
|(911) system prior to the formation of the district, one appointee |
|elected by a majority of the remaining public agencies in the |
|district, and an additional appointee by the principal municipality |
|in the district who shall serve as chair of the board. |
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| H. Unless otherwise provided by agreement, any participating |
|public agency that had been authorized by its voters to fund a |
|nine-one-one (911) system prior to the formation of the district |
|shall retain control of the property, operation, and funding of its |
|system; provided, however, the district may contract with such |
|participating public agency to include the agency's system in the |
|district's master implementation plan. To the extent practicable, |
|the district shall not duplicate the equipment or answering point |
|services already provided by a participating public agency. A user |
|of one or more communication services subject to the payment of fees |
|or taxes for an emergency nine-one-one (911) system shall not be |
|charged for more than one such fee or tax for each service. |
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| I. An emergency communication district shall have power to make |
|all contracts to carry out the purposes of this act, purchase and |
|convey real property, impose service fees authorized for public |
|agencies for the provision of nine-one-one (911) service, appoint a |
|manager of the district and adopt rules and policies for the |
|operation of the district. |
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| J. Within one (1) year after the effective date of the |
|formation of the district, the board of directors shall prepare its |
|master plan to deliver emergency nine-one-one (911) service |
|throughout its territory. It shall periodically review and update |
|its plan. |
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| K. An emergency communication district shall operate on a |
|fiscal year beginning July 1. It shall adopt an annual budget and |
|cause to be prepared an independent financial audit annually. As |
|soon as practicable after the end of the fiscal year, the district |
|shall deliver to each participating public agency an annual report |
|showing in detail the operations of the district. |
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| SECTION 2. This act shall become effective July 1, 2009. |
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| SECTION 3. 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. |
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| Passed the Senate the 12th day of May, 2009. |
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| Presiding Officer of the Senate |
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| Passed the House of Representatives the 15th day of May, 2009. |
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| Presiding Officer of the House |
| of Representatives |
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