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Text of Bill for SB1166

Bill Text For SB1166 - Enrolled

  |ENROLLED SENATE                                                        |
  |BILL NO. 1166                        By: Jolley and Garrison of the    |
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  |                                         and                           |
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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;          |
arsid4472341 ENR. S. B. NO. 1166                                   Page 1
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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.                 |
arsid4472341 ENR. S. B. NO. 1166                                   Page 2
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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.                                                              |
  |                                                                       |
  |    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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arsid4472341 ENR. S. B. NO. 1166                                   Page 3
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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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arsid4472341 ENR. S. B. NO. 1166                                   Page 4

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