SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES YATES (Sponsor) AND PRATT (Co-sponsor).
Read 1st time March 31, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 320.300, 320.302, 320.305, 320.307, 320.310, and 320.320, RSMo, and to enact in lieu thereof six new sections relating to Missouri civil defense fire rescue squads, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 320.300, 320.302, 320.305, 320.307, 320.310, and 320.320, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 320.300, 320.302, 320.305, 320.307, 320.310, and 320.320, to read as follows:
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 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.] As used in sections 320.300 to 320.320, the phrase "Missouri civil defense fire rescue squad" means a public safety and civil defense instrumentality of this state organized and operated as a fire department that is staffed in part, by paid personnel and which is also staffed in part by volunteers, for the duel purposes of providing its members and subscribers with fire rescue services and also for the purpose of providing the general public with public safety services as a standing ready-reserve fire rescue squad and civil defense emergency, catastrophe, and disaster response organization of this state. The duties of these public safety assets shall include, but are not limited to, making a response to forest fires, open fires, crop fires, brush fires, and other public emergencies, catastrophes, and disasters, including fires occurring among boats and watercraft operating on the rivers, streams, lakes, and waterways of this state. Such fire departments may be organized for the purpose of combating fires in a specified area, and for other public safety and civil defense purposes, as shall be authorized by statute or by proclamation of the governor in times of emergency. Subsequent to the adoption of this section, a Missouri civil defense fire rescue squad may be organized exclusively in conformity with the provisions of this chapter. Notwithstanding the term "volunteer" as used in this section, it shall be lawful for a Missouri civil defense fire rescue squad to pay reasonable salaries for its trustees, command, supervisory, and training personnel. The provisions of sections 320.300 to 320.320, shall apply only to Missouri civil defense fire rescue squads either partially or wholly funded by membership dues, subscriber fees, fire department user fees, or by its philanthropic patrons 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 emergency response area of a Missouri civil defense fire rescue squad.
320.302. 1. [Volunteer fire protection associations] Missouri civil defense fire rescue squads may respond to any emergency within its area regardless of whether the property owner or individual is a member of or subscriber to the [association] squad.
2. In responding to emergencies of nonmembers or nonsubscribers of the [association] squad, the [association] squad and its firefighters shall be subject to the same liabilities for claims for death or injury to persons or property as those subjected to when responding to emergencies of members or subscribers.
3. In responding to emergencies of nonmembers or nonsubscribers, the [volunteer fire protection association] Missouri civil defense fire rescue squad may charge up to the following fees:
(1) One hundred dollars for responding to an emergency;
(2) Five hundred dollars for each hour or a proportional sum for each quarter hour spent in providing emergency services; plus
(3) An amount equal to one year's subscription or membership fees. No property owner or individual shall be liable for fees or charges under this subsection if said property owner or individual notifies the [volunteer fire protection association] Missouri civil defense fire rescue squad in writing, prior to the occurrence of an emergency, not to respond to an emergency on or involving his property.
4. Upon payment of the charges and fees set forth in subsection 3 of this section, the property owner or individual shall be deemed to be a member or subscriber in good standing until membership or subscriber payments are again due as prescribed by [association] squad rules and regulations.
320.305. 1. When making a claim for a loss to property, each owner of an insured property, who is not a member or subscriber of [an association] a squad but who received services from a [volunteer fire protection association] Missouri civil defense fire rescue squad, shall notify his or her property or casualty insurance company of the name, address and billing statement from the [volunteer fire protection association] Missouri civil defense fire rescue squad which responded to a call for emergency assistance at such property.
2. Failure to comply with the provisions of subsection 1 of this section is a class A misdemeanor.
3. In paying a claim to an insured who received the services of a [volunteer fire protection association] Missouri civil defense fire rescue squad any property or casualty insurance company shall make checks payable to the order of both the insured and the [volunteer fire protection association] Missouri civil defense fire rescue squad, and the property owner or individual shall make full payment to the [association] squad within thirty days after receipt of a loss settlement check from an insurance carrier.
4. Failure to comply with the provisions of subsection 3 of this section shall be deemed to be a class A misdemeanor.
320.307. If payment is not made pursuant to section 320.305, a [volunteer fire protection association] Missouri civil defense fire rescue squad shall have a cause of action against the property owner or individual for full payment and for additional damages not to exceed ten thousand dollars.
320.310. All [volunteer fire protection associations] Missouri civil defense fire rescue squads may identify the association's boundaries and file the same with the county administrative body.
320.320. 1. A volunteer firefighter serving a rural, volunteer [or], subscription fire department or organization, or Missouri civil defense fire rescue squad is serving the state of Missouri in an official capacity as a fire protection volunteer and is hereby declared to be a public safety officer of the state of Missouri serving without wages, salary or certain other employee-type fringe benefits described in subsection 3 of this section.
2. The designation of a volunteer firefighter as a public safety officer of the state of Missouri in subsection 1 of this section does not entitle a volunteer firefighter to any rights, privileges or benefits provided to an employee or official of the state of Missouri, including retirement benefits and participation in the state legal defense fund, except as provided in subsection 3 of this section.
3. Notwithstanding the provisions of subsection 2 of this section, any rural, volunteer [or], subscription fire department or organization, or [volunteer fire protection association] Missouri civil defense fire rescue squad as defined in section 320.300, may provide life insurance, accident, sickness, health, disability, annuity, length of service, retirement, pension and other employee-type fringe benefits, subject to the provisions of section 70.615, RSMo, for volunteer firefighters who are members of any such department, organization or association and such other benefits for their spouses and eligible unemancipated children as the governing board deems appropriate, either through a contributory or noncontributory plan, or both. For purposes of this section, "eligible unemancipated child" means a natural or adopted child of an insured, or a stepchild of an insured who is domiciled with the insured, who is less than twenty-three years of age, who is not married, not employed on a full-time basis, not maintaining a separate residence except for full-time students in an accredited school or institution of higher learning, and who is dependent on parents or guardians for at least fifty percent of his or her support. The type and extent of such benefits shall be determined by the governing board of the department, organization or association, whichever is applicable. The provision and receipt of such benefits shall not make the recipient an employee of the district, [association] squad or organization. Directors or board members who are also volunteer firefighters may receive such benefits while serving as a director or board member of the district, [association] squad or organization.
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