HCS SCS SB 47 -- FIRE PROTECTION

SPONSOR:  Engler (Bruns)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 9 to 0.

This substitute establishes the Volunteer Firefighter Job
Protection Act which prohibits public and private employers from
terminating an employee who becomes a volunteer firefighter or is
a member of Missouri-1 Disaster Medical Assistance Team, Missouri
Task Force One, or Urban Search and Rescue Team who is absent
from or late to work due to his or her volunteer emergency
service.  If an employee is absent from or late to work due to
his or her service as a volunteer firefighter or as a member of
the emergency response teams, the employee may lose pay and may
be required to provide a written verification from his or her
supervisor as to the time and date of the emergency.  The
volunteer firefighter or emergency response member must make a
reasonable effort to notify his or her employer that he or she
may be absent from or late to work due to an emergency.  A
volunteer firefighter or emergency response member who is
terminated in violation of this provision may bring a civil
action within one year against his or her employer seeking
reinstatement of his or her position, benefits, seniority, and
back wages.  If the employee prevails in the civil action, he or
she is entitled to receive reasonable attorney fees and other
costs associated with the civil action.

Currently, all fire protection districts, fire departments, and
volunteer fire protection associations must file the name and
address of the district, department, or association with the
State Fire Marshal by October 13 of each year.  Beginning
January 1, 2008, the substitute changes the date to by March 1.
The State Fire Marshal may conduct periodic reviews of the
information provided on the registration forms and may deny or
revoke a fire department identification number based upon the
information provided.

Fire protection districts, municipal fire departments, and
volunteer fire protection associations must be the sole providers
of fire suppression and related activities.  Only with the
approval of the governing body of any district, department, or
association will any other association, organization, group, or
political subdivision be authorized to provide fire suppression
response and related activities.  However, any ambulance service
or district may provide emergency medical services and
nonemergency medical transport within the geographic boundaries
of a fire department.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill specifies that if a
volunteer firefighter responds to an emergency and he or she is
late in arriving at his or her regular place of employment, he or
she cannot be penalized for being late.

Testifying for the bill were Senator Engler; State Fire Marshal;
and Missouri Fire Service Alliance.

OPPONENTS:  Those who oppose the bill say that there are concerns
about how the bill will affect ambulatory and health services.

Testifying against the bill were Metropolitan Ambulance Services
Trust; and Ambulance District Association of Missouri.

OTHERS:  Others testifying on the bill say the ambulance industry
and firefighter interest groups need to work together to reach a
compromise.

Testifying on the bill was Marty Limphiemer, St. Charles
Ambulance District.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am