Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 496
4
5 By: Senator K. Hammer
6 By: Representative L. Johnson
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE DUTIES AND MEMBERSHIP OF THE
10 ARKANSAS FIRE PROTECTION SERVICES BOARD; TO ABOLISH
11 THE STATE FIRE PREVENTION COMMISSION; TO DECLARE AN
12 EMERGENCY; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE DUTIES AND MEMBERSHIP OF THE
17 ARKANSAS FIRE PROTECTION SERVICES BOARD;
18 TO ABOLISH THE STATE FIRE PREVENTION
19 COMMISSION; AND TO DECLARE AN EMERGENCY.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. DO NOT CODIFY. Abolition of State Fire Prevention
25 Commission.
26 (a) The State Fire Prevention Commission is abolished, and its
27 authority, duties, functions, records, contracts, personnel, property, and
28 unexpended balances of appropriations, allocations, and other funds,
29 including the functions of budgeting or purchasing, are transferred to the
30 Arkansas Fire Protection Services Board.
31 (b) The State Fire Prevention Commission's statutory powers, duties,
32 and functions, including the functions of budgeting or purchasing, records,
33 contracts, personnel, property, and unexpended balances of appropriations,
34 allocations, and other funds are transferred to the Arkansas Fire Protection
35 Services Board.
36 (c)(1) The abolishment of the State Fire Prevention Commission does
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1 not affect the orders, rules, directives, registration, licensing, or
2 standards made or promulgated by the State Fire Prevention Commission before
3 the effective date of this act.
4 (2) The orders, rules, directives, registration, licensing, or
5 standards of the State Fire Prevention Commission shall continue to be in
6 effect until they are amended or repealed under authority given by law.
7
8 SECTION 2. Arkansas Code Title 20, Chapter 22, Subchapter 2, is
9 repealed.
10 Subchapter 2 — State Fire Prevention Commission
11
12 20-22-201. Legislative findings.
13 The General Assembly finds and declares that:
14 (1) A significant part of the population of this state needs
15 improved fire prevention;
16 (2) The establishment and maintenance of a coordinated program
17 for fire prevention for the entire state is necessary to protect the safety
18 and wellbeing of the citizens and residents of this state;
19 (3) Adequate fire prevention is more likely to become a reality
20 when certain provisions are enacted by law; and
21 (4) Fire prevention is a public purpose and a responsibility of
22 government for which public funds may be spent.
23
24 20-22-202. State Fire Prevention Commission established — Members.
25 (a)(1) The State Fire Prevention Commission shall be composed of
26 eleven (11) residents of the State of Arkansas.
27 (2) Membership of the State Fire Prevention Commission shall
28 consist of the following members by virtue of their office:
29 (A) The State Fire Marshal or his or her designee;
30 (B) The Director of the Arkansas Fire Training Academy or
31 his or her designee; and
32 (C) The Chair of the Arkansas Forestry Commission or his
33 or her designee.
34 (3) The following members of the State Fire Prevention
35 Commission shall be appointed by the Governor:
36 (A) One (1) volunteer firefighter below the rank of chief;
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1 (B) One (1) volunteer fire chief or chief officer of a
2 voluntary municipal fire department;
3 (C) One (1) full-time fire chief or chief officer of a
4 municipality having a population of more than sixty thousand (60,000)
5 residents;
6 (D) One (1) full-time firefighter or fire department
7 officer of a municipality having a population of less than sixty thousand
8 (60,000) residents;
9 (E) Two (2) members at large active in fire protection or
10 safety; and
11 (F) Two (2) persons representing the general public.
12 (b) Appointed members shall be appointed to three-year terms. All
13 appointed members shall serve until their respective successors are appointed
14 and qualify.
15 (c) Vacancies shall be filled by appointment by the Governor for the
16 unexpired terms.
17 (d) The members of the State Fire Prevention Commission shall serve
18 without compensation but may receive expense reimbursement in accordance with
19 § 25-16-901 et seq.
20
21 20-22-203. Staff, offices, and supplies provided.
22 The Department of Public Safety shall provide staff, office space and
23 supplies, and other assistance as may be necessary for the day-to-day
24 operation of the State Fire Prevention Commission and its activities.
25
26 20-22-204. Powers and duties.
27 (a) The State Fire Prevention Commission may:
28 (1)(A) Obtain all necessary information from fire departments,
29 police or sheriffs' departments, the Division of Arkansas State Police, other
30 state agencies, clinics, insurance companies, or any other person with regard
31 to fire, its causes, and its methods of prevention.
32 (B)(i) Notwithstanding any provision of law to the
33 contrary, information furnished under this subsection shall be confidential
34 and maintained as such if so requested by the persons providing the
35 information.
36 (ii) Nothing in this subsection shall prohibit the
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1 use of confidential information to prepare statistics or other general data
2 when it is presented so as to prevent identification of the source of
3 information; and
4 (2) Receive and expend funds obtained from the United States
5 Government or other sources by means of contracts, grants, awards, gifts, and
6 other devices in support of fire prevention-related scientific and technical
7 programs, studies, or other operations beneficial to the state.
8 (b) The State Fire Prevention Commission shall have the following
9 duties and responsibilities:
10 (1) Develop a plan for statewide fire prevention, including
11 plans for urban and rural fire prevention;
12 (2) Develop and maintain a fire prevention database upon which
13 decisions concerning fire prevention and policy may intelligently be made;
14 (3) Identify state needs relative to fire prevention, including
15 specific needs of urban and rural areas;
16 (4) Recommend actions to meet identified state needs relative to
17 fire prevention;
18 (5) Monitor and review the effectiveness of existing and
19 proposed fire prevention programs;
20 (6) Maintain an awareness of fire prevention research and
21 development of importance to the state in order to promote information
22 exchange and coordination of efforts;
23 (7) Recommend legislative and executive action to encourage
24 development of fire prevention resources and the efficient utilization of the
25 resources;
26 (8) Administer a public fire prevention awareness program to
27 inform the public of the importance and methods of fire prevention;
28 (9) Advise the General Assembly, the Governor, the State Fire
29 Marshal, the Arkansas Forestry Commission, the Director of the Arkansas Fire
30 Training Academy, the Director of the Division of Arkansas State Police, and
31 the Insurance Commissioner on fire prevention and program matters of
32 importance to each;
33 (10) Advise on the delegation of responsibilities to state
34 agencies responsible for fire prevention and policy and recommend resolution
35 of conflicts between the various agencies on fire prevention matters;
36 (11) Develop an annual report on the activities of the State
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1 Fire Prevention Commission and transmit the report to the Secretary of the
2 Department of Public Safety and the General Assembly on or before November 30
3 annually; and
4 (12) Coordinate activities with the Federal Emergency Management
5 Agency and any of the other federal or state agencies involved with fire
6 prevention matters.
7
8 20-22-205. Cooperation by other agencies.
9 All other state agencies shall cooperate and coordinate with the State
10 Fire Prevention Commission to the utmost degree within the range of action
11 permissible within statutory authority.
12
13 SECTION 3. Arkansas Code § 20-22-803(a)(2), concerning the creation
14 and membership of the Arkansas Fire Protection Services Board, is amended to
15 read as follows:
16 (2) The board shall be composed of fifteen (15) seventeen (17)
17 members to be appointed by the Governor subject to confirmation by the Senate
18 as follows:
19 (A)(i) Four (4) members shall be fire chiefs appointed by
20 the Governor after consulting the Arkansas Association of Fire Chiefs.
21 (ii) Two (2) of the fire chiefs under this
22 subdivision (a)(2)(A) shall be full paid fire chiefs, one One (1) shall be a
23 volunteer fire chief, and one (1) shall be a retired fire chief or a
24 volunteer fire chief;
25 (B) Two (2) members shall be appointed after consulting
26 the Arkansas Rural and Volunteer Firefighters Association;
27 (C) Four (4) members shall be appointed after consulting
28 the Arkansas State Firefighters Association, Inc. all of whom shall be
29 volunteer firefighters of which:
30 (i) Two (2) members shall be full paid firefighters;
31 and
32 (ii) Two (2) members shall be volunteer
33 firefighters;
34 (D) Four (4) members shall be appointed by the Governor
35 after consulting the Arkansas Professional Fire Fighters Association; and
36 (E) The State Forester of the Arkansas Forestry Commission
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1 or his or her designee; and
2 (F) Two (2) members shall be appointed after consulting
3 the Arkansas Fire Marshal's Association.
4
5 SECTION 4. Arkansas Code § 20-22-804 is amended to read as follows:
6 20-22-804. Arkansas Fire Protection Services Board — Duties and powers.
7 (a) The Arkansas Fire Protection Services Board shall:
8 (1)(A) Prescribe by rule minimum standards for the certification
9 of fire departments and standards for the classification of fire departments
10 as to their level of service, including, but not limited to, standards for
11 training levels for firefighters of fire departments, minimum levels of
12 equipment, and minimum performance standards.
13 (B) A fire department shall be certified when it meets the
14 minimum standards, training, and equipment set forth for each classification;
15 (2) Establish a system of identification for firefighters of
16 certified fire departments for the purpose of assisting firefighters to carry
17 out their duties;
18 (3) Assist fire departments with training programs and assist
19 with the establishment and upgrading of fire departments;
20 (4) Promote the exchange of information among fire departments
21 and state agencies;
22 (5) Serve in an advisory a governing capacity to with the
23 Director of the Division of Emergency Management with respect to the:
24 (i) operation Operation of fire services; and
25 (ii) the matters Matters concerning certification and
26 standards related to fire services in the state;
27 (6) Periodically review and evaluate current and proposed
28 national and international activities related to the improvement and
29 upgrading of fire services to ensure that the state maintains acceptable
30 standards of fire protection for its citizens and standards for training its
31 firefighters;
32 (7) Advise Provide oversight for the Director of the Arkansas
33 Fire Training Academy in matters related to the:
34 (i) training Training and certification of fire services
35 personnel in Arkansas; and
36 (ii) curriculum Curriculum and instructional content of
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1 the curriculum offered by the Arkansas Fire Training Academy;
2 (8)(A) Advise the President of Southern Arkansas University in
3 matters regarding the appointment and retention of the Director of the
4 Arkansas Fire Training Academy, including without limitation:.
5 (B)(i) The Arkansas Fire Protection Services Board shall
6 review Reviewing the applications for the position of Director of the
7 Arkansas Fire Training Academy submitted to the president; and
8 (ii) recommend three (3) Ranking the candidates for
9 the position in a descending order for to the president.
10 (C)(B)(i) The president shall appoint the Director of the
11 Arkansas Fire Training Academy from the Arkansas Fire Protection Services
12 Board’s top three (3) recommended candidates; and
13 (ii) If a candidate removes his or her application
14 for consideration, the rank of the candidates shall be adjusted to fill that
15 numerical rank to ensure the Director of the Arkansas Fire Training Academy
16 considers the top three (3) remaining recommended candidates; and
17 (9)(A) Advise the president in the creation and maintenance of
18 the job description of the Director of the Arkansas Fire Training Academy.
19 (B) The job description for the Director of the Arkansas
20 Fire Training Academy shall define the Director of the Arkansas Fire Training
21 Academy’s:
22 (i) Job duties and directions; and
23 (ii) Expectations;
24 (9)(10) Establish other reasonable rules as may be necessary for
25 the purposes of this subchapter.;
26 (11)(A) Advise the Director of the Division of Emergency
27 Management in matters regarding the employment and retention of the
28 Coordinator of the Office of Fire Protection Services, including without
29 limitation:
30 (i) Reviewing the applications for the Coordinator
31 of the Office of Fire Protection Services and submitted to the Division of
32 Emergency Management; and
33 (ii) Ranking the candidates for Coordinator of the
34 Office of Fire Protection Services in a descending order for the Director of
35 the Division of Emergency Management.
36 (B)(i) The Director of the Division of Emergency
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1 Management shall employ the Coordinator of the Office of Fire Protection
2 Services from the top three (3) recommended candidates; and
3 (ii) If a candidate removes his or her application
4 for consideration, the rank of the candidates shall be adjusted to fill that
5 numerical rank to ensure the Director of the Division of Emergency Management
6 considers the top three (3) remaining recommended candidates; and
7 (12) Provide oversight for the Director of the Division of
8 Emergency Management for the Office of Fire Protection Services;
9 (13)(A) Provide guidance to fire departments concerning
10 compliance with rules or orders of the Arkansas Fire Protection Services
11 Board.
12 (B) The Office of Fire Protection Services shall be
13 responsible for oversight of