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SB-817 Fire protection: Office of the State Fire Marshal: State Board of Fire Services: membership.(2021-2022)



Current Version: 03/16/21 - Amended Senate         Compare Versions information image


SB817:v98#DOCUMENT

Amended  IN  Senate  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 817


Introduced by Committee on Governmental Organization (Senators Dodd (Chair), Allen, Archuleta, Becker, Borgeas, Bradford, Glazer, Hueso, Jones, Melendez, Nielsen, Portantino, Rubio, and Wilk)

March 03, 2021


An act to amend Sections 13140.5 and 13140.6 13140, 13140.5, 13140.6, and 13140.7 of the Health and Safety Code, relating to fire protection.


LEGISLATIVE COUNSEL'S DIGEST


SB 817, as amended, Committee on Governmental Organization. Fire protection: Office of the State Fire Marshal: State Board of Fire Services. Services: membership.
Existing law creates in the Office of the State Fire Marshal a State Board of Fire Services to succeed to all the powers, duties, and responsibilities of the former State Fire Advisory Board. Existing law requires the board to consist of 18 members, including, among others, the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection, the Director of Emergency Services, and the Chairperson of the California Fire Fighter Joint Apprenticeship Program. Existing law requires each member to be a resident of this state, and prohibits proxy representation on the board.
This bill would eliminate the residency requirement, instead require the board to consist of 17 members and would authorize the members specified above to assign a designee to serve on the board. The bill would also make conforming and nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13140 of the Health and Safety Code is amended to read:

13140.
 There is hereby created in the Office of the State Fire Marshal a State Board of Fire Services Services, which shall consist of 18 17 members. The State Board of Fire Services succeeds to all of the powers, duties, and responsibilities of the State Fire Advisory Board, which is hereby abolished. Whenever the term “State Fire Advisory Board” appears in any other law, it means the State Board of Fire Services.

SECTION 1.SEC. 2.

 Section 13140.5 of the Health and Safety Code is amended to read:

13140.5.
 (a) (1) (A) The board shall be composed of the following voting members: the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection who is not the State Fire Marshal, the Director of Emergency Services, and the Chairperson of the California Fire Fighter Joint Apprenticeship Program.
(B) A member of the board pursuant to this paragraph may assign a designee to serve on the board.
(2) (A) The board shall also be composed of the following voting members: one representative of the insurance industry, one volunteer firefighter, three fire chiefs, five fire service labor representatives, one representative from city government, one representative from a fire district, and one representative from county government.
(B) Members on the board pursuant to this paragraph shall be appointed by the Governor, as provided in subdivision (b). (b), and shall be residents of this state.
(b) (1) The volunteer firefighter shall be selected from a list of names submitted by the California State Firefighters Association. One fire chief shall be selected from a list of names submitted by the California Fire Chiefs’ Association; one fire chief shall be selected from a list of names submitted by the Fire Districts Association of California; and one fire chief shall be selected from a list of names submitted by the California Metropolitan Fire Chiefs. One fire service labor representative shall be selected from a list of names submitted by the California Labor Federation; one fire service labor representative shall be selected from a list of names submitted by the California Professional Firefighters; one fire service labor representative shall be selected from a list of names submitted by the International Association of Fire Fighters; one fire service labor representative shall be selected from a list of names submitted by the California Department of Forestry Firefighters; and one fire service labor representative shall be selected from a list of names submitted by the California State Firefighters Association. The city government representative shall be selected from elected or appointed city chief administrative officers or elected city mayors or council members. The fire district representative shall be selected from elected or appointed directors of fire districts. The county government representative shall be selected from elected or appointed county chief administrative officers or elected county supervisors.
(2) An appointed member shall be appointed for a term of four years. Any member chosen by the Governor to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member that appointed member is to succeed.

SEC. 2.SEC. 3.

 Section 13140.6 of the Health and Safety Code is amended to read:

13140.6.
 A quorum of the board shall consist of not less than nine members of the board. Except as provided in Section 13140.5, proxy representation shall not be permitted.

SEC. 4.

 Section 13140.7 of the Health and Safety Code is amended to read:

13140.7.
 The State Fire Marshal shall act as chairman chairperson of the board and provide necessary staff services. A vice chairman chairperson shall be selected by majority vote of the members.