FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 271
103RD GENERAL ASSEMBLY
0908S.02C KRISTINA MARTIN, Secretary
AN ACT
To repeal section 321.220, RSMo, and to enact in lieu thereof two new sections relating to fire
protection ordinances, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 321.220, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 64.003 2
and 321.220, to read as follows:3
64.003. Notwithstanding any provision of law to the 1
contrary, no fire protection or fi re prevention ordinance 2
adopted by any county in this state shall be exercised so as 3
to impose regulations or to require permits with respect to 4
the erection, maintenance, repair, alteration, or extension 5
of farm buildings or farm structures. 6
321.220. For the purpose of providing fire protection 1
to the property within the district, the district and, on 2
its behalf, the board shall have the following powers, 3
authority and privileges: 4
(1) To have perpetual existence; 5
(2) To have and use a corporate seal; 6
(3) To sue and be sued, and be a party to suits, 7
actions and proceedings; 8
(4) To enter into contracts, franchises and agreements 9
with any person, partnership, association or corporation, 10
public or private, affecting the affairs of the district, 11 SCS SB 271 2
including contracts with any municipality, district or 12
state, or the United States of America, and any of their 13
agencies, political subdivisions or instrumentalities, for 14
the planning, development, constr uction, acquisition or 15
operation of any public improvement or facility, or for a 16
common service relating to the control or prevention of 17
fires, including the installation, operation and maintenance 18
of water supply distribution, fire hydrant and fire al arm 19
systems; provided, that a notice shall be published for bids 20
on all construction or purchase contracts for work or 21
material or both, outside the authority contained in 22
subdivision (9) of this section, involving an expense of ten 23
thousand dollars or more; 24
(5) Upon approval of the voters as herein provided, to 25
borrow money and incur indebtedness and evidence the same by 26
certificates, notes or debentures, and to issue bonds, in 27
accordance with the provisions of this chapter; 28
(6) To acquire, construct, purchase, maintain, dispose 29
of and encumber real and personal property, fire stations, 30
fire protection and fire -fighting apparatus and auxiliary 31
equipment therefor, and any interest therein, including 32
leases and easements; 33
(7) To refund any bonded indebtedness of the district 34
without an election. The terms and conditions of refunding 35
bonds shall be substantially the same as those of the 36
original issue of bonds, and the board shall provide for the 37
payment of interest, at not to exceed the legal rate, and 38
the principal of such refunding bonds in the same manner as 39
is provided for the payment of interest and principal of 40
bonds refunded; 41
(8) To have the management, control and supervision of 42
all the business and affairs o f the district, and the 43 SCS SB 271 3
construction, installation, operation and maintenance of 44
district improvements therein; 45
(9) To hire and retain agents, employees, engineers 46
and attorneys, including part -time or volunteer firemen; 47
(10) To have and exercise the power of eminent domain 48
and in the manner provided by law for the condemnation of 49
private property for public use to take any property within 50
the district necessary to the exercise of the powers herein 51
granted; 52
(11) To receive and accep t by bequest, gift or 53
donation any kind of property. Notwithstanding any other 54
provision of law to the contrary, any property received by 55
the fire protection district as a gift or any property 56
purchased by the fire protection district at a price below 57
the actual market value of the property may be returned to 58
the donor or resold to the seller if such property is not 59
used for the specific purpose for which it was acquired; 60
(12) To adopt and amend bylaws, fire protection and 61
fire prevention ordinances, and any other rules and 62
regulations not in conflict with the constitution and laws 63
of this state, necessary for the carrying on of the 64
business, objects and affairs of the board and of the 65
district, and refer to the proper authorities for 66
prosecution any infraction thereof detrimental to the 67
district. However, fire protection and fire prevention 68
ordinances shall not be exercised so as to impose 69
regulations or to require permits with respect to the 70
erection, maintenance, repair, alteration , or extension of 71
farm buildings or farm structures. Any person violating any 72
such ordinance is hereby declared to be guilty of a 73
misdemeanor, and upon conviction thereof shall be punished 74
as is provided by law therefor. The prosecuting attorney 75 SCS SB 271 4
for the county in which the violation occurs shall prosecute 76
such violations in the circuit court of that county. The 77
legal officer or attorney for the fire district may be 78
appointed by the prosecuting attorney as special assistant 79
prosecuting attorney f or the prosecution of any such 80
violation. The enactments of the fire district in 81
delegating administrative authority to officials of the 82
district may provide standards of action for the 83
administrative officials, which standards are declared as 84
industrial codes adopted by nationally organized and 85
recognized trade bodies. The board shall have the power to 86
adopt an ordinance, rule, or regulation allowing the 87
district to charge individuals who reside outside of the 88
district, but who receive emergency services within the 89
boundaries of the district, for the actual and reasonable 90
cost of such services. However, such actual and reasonable 91
costs shall not exceed one hundred dollars for responding to 92
each fire call or alarm and two hundred fifty dollar s for 93
each hour or a proportional sum for each quarter hour spent 94
in combating a fire or emergency; 95
(13) To pay all court costs and expenses connected 96
with the first election or any subsequent election in the 97
district; 98
(14) To have and exercise all rights and powers 99
necessary or incidental to or implied from the specific 100
powers granted herein. Such specific powers shall not be 101
considered as a limitation upon any power necessary or 102
appropriate to carry out the purposes and intent of this 103
chapter; 104
(15) To provide for health, accident, disability and 105
pension benefits for the salaried members of its organized 106
fire department of the district and such other benefits for 107 SCS SB 271 5
their spouses and eligible unemancipated children, through 108
either or both a contributory or noncontributory plan. For 109
purposes of this section, "eligible unemancipated child" 110
means a natural or adopted child of an insured, or a 111
stepchild of an insured who is domiciled with the insured, 112
who is less than twenty -three years of age, who is not 113
married, not employed on a full -time basis, not maintaining 114
a separate residence except for full -time students in an 115
accredited school or institution of higher learning, and who 116
is dependent on parents or guardians for at le ast fifty 117
percent of his or her support. The type and amount of such 118
benefits shall be determined by the board of directors of 119
the fire protection district within the level of available 120
revenues of the pension program and other available revenues 121
of the district. If an employee contributory plan is 122
adopted, then at least one voting member of the board of 123
trustees shall be a member of the fire district elected by 124
the contributing members, which shall not be the same as the 125
board of directors; 126
(16) To contract with any municipality that is 127
contiguous to a fire protection district for the fire 128
protection district to provide fire protection to the 129
municipality for a fee as hereinafter provided; 130
(17) To provide for life insurance, accide nt, 131
sickness, health, disability, annuity, length of service, 132
pension, retirement and other employee -type fringe benefits, 133
subject to the provisions of section 70.615, for the 134
volunteer members of any organized fire department of the 135
district and such other benefits for their spouses and 136
eligible unemancipated children, through either a 137
contributory or noncontributory plan, or both. For purposes 138
of this section, "eligible unemancipated child" means a 139 SCS SB 271 6
natural or adopted child of an insured, or a st epchild of an 140
insured who is domiciled with the insured, who is less than 141
twenty-three years of age, who is not married, not employed 142
on a full-time basis, not maintaining a separate residence 143
except for full-time students in an accredited school or 144
institution of higher learning, and who is dependent on 145
parents or guardians for at least fifty percent of his or 146
her support. The type and amount of such benefits shall be 147
determined by the board of directors of the fire protection 148
district within available revenues of the district, 149
including the pension program of the district. The 150
provision and receipt of such benefits shall not make the 151
recipient an employee of the district. Directors who are 152
also volunteer members may receive such benefits wh ile 153
serving as a director of the district; 154
(18) To contract for services with any rural, 155
volunteer or subscription fire department or organization, 156
or volunteer fire protection association, as defined in 157
section 320.300, for the purpose of provid ing the benefits 158
described in subdivision (17) of this section. 159