SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
93RD GENERAL ASSEMBLY
Reported from the Committee on Crime Prevention and Public Safety March 8, 2006 with recommendation that House Committee Substitute for House Bill No. 1508 Do Pass by Consent. Referred to the Committee on Rules pursuant to Rule 25(26)(f).
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 320.200, 320.271, 320.300, and 320.310, RSMo, and to enact in lieu thereof four new sections relating to fire departments.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 320.200, 320.271, 320.300, and 320.310, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 320.200, 320.271, 320.300, and 320.310, to read as follows:
320.200. As used in sections 320.200 to [320.270] 320.271, unless the context requires otherwise, the following terms mean:
(1) "Division", the division of fire safety created in section 320.202;
(2) "Dwelling unit", one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities;
(3) "Fire department", an agency or organization that provides fire suppression and related activities, including but not limited to: fire prevention, rescue, emergency medical services, hazardous material response, or special operation to a population within a fixed and legally recorded geographical area. The term "fire department" shall include any municipal fire department or any fire protection district as defined in 321.010, RSMo, or voluntary fire protection association as defined in 320.300, engaging in this type of activity;
(4) "Fire loss", loss of or damage to property, or the loss of life or of personal injury, by fire, lightning, or explosion;
[(4)] (5) "Investigator", the supervising investigators and investigators appointed under sections 320.200 to 320.270;
[(5)] (6) "Owner", any person who owns, occupies, or has charge of any property;
[(6)] (7) "Privately occupied dwelling", a building occupied exclusively for residential purposes and having not more than two dwelling units;
[(7)] (8) "Property", property of all types, both real and personal, movable and immovable;
[(8)] (9) "State fire marshal", the state fire marshal selected under the provisions of sections 320.200 to 320.270.
320.271. All fire protection districts, fire departments, and all volunteer fire protection associations as defined in section 320.300 shall complete and file with the state fire marshal within sixty days after [August 13, 1988] January 1, 2007, and annually thereafter, [the name and address of the fire protection district, fire department, or volunteer fire protection association] a fire department registration form provided by the state fire marshal. The state fire marshal may issue a fire department identification number to each registered fire protection district, fire department, and volunteer fire protection association based upon such registration. The state fire marshal may conduct periodic reviews of information contained on the fire department registration form.
320.300. As used in sections 320.300 to 320.310, the phrase "volunteer fire protection association" means any fire department which is staffed by volunteers and organized for the purpose of combating fires in a specified area. The provisions of sections 320.300 to 320.310 shall apply only to volunteer fire protection associations that provide fire suppression and related activities, including but not limited to: fire prevention, rescue, emergency medical services, hazardous material response, or special operation to a population within a fixed and legally recorded geographical area; either partially or wholly funded by membership or subscriber fees and shall not apply to fire protection districts supported by local tax revenues, or which have contracted with a political subdivision to respond to fires within the area of an association's boundaries.
320.310. All volunteer fire protection associations [may] shall identify the association's boundaries and file the same with the county administrative body, such boundaries shall not encroach upon nor include any portion of another fire department's legally established boundaries.
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