FIRST REGULAR SESSION
SENATE BILL NO. 602
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
2318S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 321.220, RSMo, and to enact in lieu thereof one new section relating to fire
protection districts, 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Section A. Section 321.220, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 321.220, 2
to read as follows:3
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
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, construction, 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 SB 602 2
of water supply distribution, fire hydrant and fire alarm 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, outsi de 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 sam e 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 o f 40
bonds refunded; 41
(8) To have the management, control and supervision of 42
all the business and affairs of the district, and the 43
construction, installation, operation and maintenance of 44
district improvements therein; 45
(9) To hire and retain ag ents, 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 propert y within 50 SB 602 3
the district necessary to the exercise of the powers herein 51
granted; 52
(11) To receive and accept 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 pu rpose for which it was acquired; 60
(12) (a) To adopt and amend bylaws, fire protection 61
and 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 o f 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. Any person violating any such ordinance is hereby 68
declared to be guilty of a misdemeanor, and upon conviction 69
thereof shall be punished as is provided by law therefor. 70
The prosecuting attorney for the county in which the 71
violation occurs shall prosecute such violations in the 72
circuit court of that county. The legal officer or attorney 73
for the fire district may be appointed by the prosecuting 74
attorney as special assistant prosecuting attorney for the 75
prosecution of any such violation. The enactments of the 76
fire district in delegating administrative authority to 77
officials of the district may provide standards of action 78
for the administrative officials, which standards are 79
declared as industrial codes adopted by nationally organized 80
and recognized trade bodies. The board shall have the power 81
to adopt an ordinance, rule , or regulation allowing the 82 SB 602 4
district to charge individuals who reside outside of the 83
district, but who receive emergency services within the 84
boundaries of the district, for the actual and reasonable 85
cost of such services. However, such actual and rea sonable 86
costs shall not exceed one hundred dollars for responding to 87
each fire call or alarm and two hundred fifty dollars for 88
each hour or a proportional sum for each quarter hour spent 89
in combating a fire or emergency ; 90
(b) Notwithstanding parag raph (a) of this subdivision, 91
fire protection and fire prevention ordinances shall not be 92
exercised so as to impose regulations or require permits 93
with respect to the erection, maintenance, repair, 94
alteration, or extension of farm buildings or farm 95
structures; 96
(13) To pay all court costs and expenses connected 97
with the first election or any subsequent election in the 98
district; 99
(14) To have and exercise all rights and powers 100
necessary or incidental to or implied from the specific 101
powers granted herein. Such specific powers shall not be 102
considered as a limitation upon any power necessary or 103
appropriate to carry out the purposes and intent of this 104
chapter; 105
(15) To provide for health, accident, disability and 106
pension benefits for the salaried members of its organized 107
fire department of the district and such other benefits for 108
their spouses and eligible unemancipated children, through 109
either or both a contributory or noncontributory plan. For 110
purposes of this section, "eligible unemancipated child" 111
means a natural or adopted child of an insured, or a 112
stepchild of an insured who is domiciled with the insured, 113
who is less than twenty -three years of age, who is not 114 SB 602 5
married, not employed on a full -time basis, not maintaining 115
a separate residence except for full -time students in an 116
accredited school or institution of higher learning, and who 117
is dependent on parents or guardians for at least fifty 118
percent of his or her support. The type and amount of such 119
benefits shall be de termined by the board of directors of 120
the fire protection district within the level of available 121
revenues of the pension program and other available revenues 122
of the district. If an employee contributory plan is 123
adopted, then at least one voting member of the board of 124
trustees shall be a member of the fire district elected by 125
the contributing members, which shall not be the same as the 126
board of directors; 127
(16) To contract with any municipality that is 128
contiguous to a fire protection district f or the fire 129
protection district to provide fire protection to the 130
municipality for a fee as hereinafter provided; 131
(17) To provide for life insurance, accident, 132
sickness, health, disability, annuity, length of service, 133
pension, retirement and othe r employee-type fringe benefits, 134
subject to the provisions of section 70.615, for the 135
volunteer members of any organized fire department of the 136
district and such other benefits for their spouses and 137
eligible unemancipated children, through either a 138
contributory or noncontributory plan, or both. For purposes 139
of this section, "eligible unemancipated child" means a 140
natural or adopted child of an insured, or a stepchild of an 141
insured who is domiciled with the insured, who is less than 142
twenty-three years of age, who is not married, not employed 143
on a full-time basis, not maintaining a separate residence 144
except for full-time students in an accredited school or 145
institution of higher learning, and who is dependent on 146 SB 602 6
parents or guardians for at least fi fty percent of his or 147
her support. The type and amount of such benefits shall be 148
determined by the board of directors of the fire protection 149
district within available revenues of the district, 150
including the pension program of the district. The 151
provision and receipt of such benefits shall not make the 152
recipient an employee of the district. Directors who are 153
also volunteer members may receive such benefits while 154
serving as a director of the district; 155
(18) To contract for services with any rur al, 156
volunteer or subscription fire department or organization, 157
or volunteer fire protection association, as defined in 158
section 320.300, for the purpose of providing the benefits 159
described in subdivision (17) of this section. 160