HB 1176 -- Fire Protection Agencies

Sponsor:  Nance

This bill changes the laws regarding fire protection agencies.
In its main provisions, the bill:

(1)  Changes the term "volunteer fire protection association" to
"fire protection agency" and adds rural and industrial fire
departments and public safety fire suppression organizations to
the definition of "fire protection agency";

(2)  Specifies that Sections 320.300 - 320.349, RSMo, regarding
fire protection agencies, will apply to municipal fire
departments, rural fire departments, public safety fire
suppression organizations, industrial fire departments, a reserve
military force as an emergency response agency, and a disaster
fire suppression and related activities organization with fire
protection agency mutual-aid duties;

(3)  Specifies that rural fire departments and public safety fire
suppression organizations are not political subdivisions but are
bona fide quasi-municipal, civil defense, and first responder
public safety instrumentalities of the state and have certain
minimum staffing and equipment requirements;

(4)  Specifies that fire departments and public safety fire
suppression organizations are authorized to acquire real property
and real property easements, including the use of eminent domain;
to issue bonds; and to adopt fire codes;

(5)  Specifies that all personnel of rural, volunteer, or
subscription fire departments or a public safety fire suppression
organization are public safety officers but not employees of the
state, must be 21 years of age, and cannot be convicted felons.
The bill specifies their duties, benefits, and compensation;

(6)  Establishes industrial fire departments and specifies their
personnel, training, and equipment requirements; fee structure;
liability limits; and other powers, duties, responsibilities, and
privileges;

(7)  Specifies that fire protection agencies:

(a)  Are exempt from certain taxes, licenses, and fees;

(b)  Have certain civil defense powers;

(c)  Have limited liability when responding to calls;

(d)  Have a specified chain-of-command when multiple agencies are
on site; and

(e)  Are subject to new procedures and requirements for
annexation by a political subdivision;

(8)  Creates a subscription fire rescue uninsured pooled claims
fund to be administered by the Director of the Department of
Insurance, Financial Institutions and Professional Registration
and to be funded equally by the casualty insurance companies
doing business in the state and establishes rules for pay-outs to
fire protection agencies;

(9)  Creates the Missouri Rural Fire Suppression and Related
Activities Trust Fund to be administered by the State Treasurer
and funded by the collection of fire department membership dues
and casualty insurance policy surcharges from casualty insurance
companies doing business in the state.  Half of the funds will be
distributed on an equally prorated per-capita basis to the rural
fire departments and public safety fire suppression organizations
and half to the newly established Missouri Reserve Military
Force;

(10)  Prohibits discrimination between paid and volunteer fire
protection entities and prohibits public servants from oppressing
any fire protection entity because it is not the regular fire
protection entity; it is not a unionized fire department; due to
the status of its fire fighters personnel being public safety
officers of the state and not employees of a political
subdivision; or due to the poverty, if any, of any fire
department or disaster organization.  Any paid or unionized
firefighter who demeans an unpaid firefighter or other public
safety officer will be guilty of conduct unbecoming a fire
service organization officer, with the complaint subject to
mediation;

(11)  Prohibits the State Fire Marshal from directing or
controlling any specific fire department or fire protection
district and from revoking the license of a fire suppression
entity under certain circumstances.  Other duties, obligations
of, and restrictions on the State Fire Marshal and fire
suppression entities are specified;

(12)  Authorizes the Governor to mobilize the Missouri Reserve
Military Force for any declared state of emergency and for all
martial law purposes.  The Governor will appoint the commandant,
who is authorized to establish rules and regulations.  The bill
specifies the composition of the leadership staff and all members
of the force, their duties, and obligations.  For the purpose of
being integrated and mobilized for standby; on-call; and
emergency, catastrophe, and disaster response duty, members of
the force will be divided as equally as possible into red, blue,
or gold disaster teams; and

(13)  Requires the force and certain other public safety officers
to annually complete a community emergency response team course
and the United States Weather Bureau's severe weather observer
class and authorizes ribbons for their uniforms to indicate
completion of the courses.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am