Missouri 2025 Regular Session

Missouri Senate Bill SB602 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 602
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR GREGORY (21).
6	6	2318S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 321.220, RSMo, and to enact in lieu thereof one new section relating to fire
9	9	protection districts, with penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 321.220, RSMo, is repealed and one new 1
13	13	section enacted in lieu thereof, to be known as section 321.220, 2
14	14	to read as follows:3
15	15	321.220. For the purpose of providing fire protection 1
16	16	to the property within the district, the district and, on 2
17	17	its behalf, the board shall have the following powers, 3
18	18	authority and privileges: 4
19	19	(1) To have perpetual existence; 5
20	20	(2) To have and use a corporate seal; 6
21	21	(3) To sue and be sued, and be a party to suits, 7
22	22	actions and proceedings; 8
23	23	(4) To enter into contracts, franchises and agreements 9
24	24	with any person, partnership, association or corporation, 10
25	25	public or private, affecting the affairs of the district, 11
26	26	including contracts with any municipality, district or 12
27	27	state, or the United States of America, and any of their 13
28	28	agencies, political subdivisions or instrumentalities, for 14
29	29	the planning, development, construction, acquisition or 15
30	30	operation of any public improvement or facility, or for a 16
31	31	common service relating to the control or prevention of 17
32	32	fires, including the installation, operation and maintenance 18 SB 602 2
33	33	of water supply distribution, fire hydrant and fire alarm 19
34	34	systems; provided, that a notice shall be published for bids 20
35	35	on all construction or purchase contracts for work or 21
36	36	material or both, outsi de the authority contained in 22
37	37	subdivision (9) of this section, involving an expense of ten 23
38	38	thousand dollars or more; 24
39	39	(5) Upon approval of the voters as herein provided, to 25
40	40	borrow money and incur indebtedness and evidence the same by 26
41	41	certificates, notes or debentures, and to issue bonds, in 27
42	42	accordance with the provisions of this chapter; 28
43	43	(6) To acquire, construct, purchase, maintain, dispose 29
44	44	of and encumber real and personal property, fire stations, 30
45	45	fire protection and fire -fighting apparatus and auxiliary 31
46	46	equipment therefor, and any interest therein, including 32
47	47	leases and easements; 33
48	48	(7) To refund any bonded indebtedness of the district 34
49	49	without an election. The terms and conditions of refunding 35
50	50	bonds shall be substantially the sam e as those of the 36
51	51	original issue of bonds, and the board shall provide for the 37
52	52	payment of interest, at not to exceed the legal rate, and 38
53	53	the principal of such refunding bonds in the same manner as 39
54	54	is provided for the payment of interest and principal o f 40
55	55	bonds refunded; 41
56	56	(8) To have the management, control and supervision of 42
57	57	all the business and affairs of the district, and the 43
58	58	construction, installation, operation and maintenance of 44
59	59	district improvements therein; 45
60	60	(9) To hire and retain ag ents, employees, engineers 46
61	61	and attorneys, including part -time or volunteer firemen; 47
62	62	(10) To have and exercise the power of eminent domain 48
63	63	and in the manner provided by law for the condemnation of 49
64	64	private property for public use to take any propert y within 50 SB 602 3
65	65	the district necessary to the exercise of the powers herein 51
66	66	granted; 52
67	67	(11) To receive and accept by bequest, gift or 53
68	68	donation any kind of property. Notwithstanding any other 54
69	69	provision of law to the contrary, any property received by 55
70	70	the fire protection district as a gift or any property 56
71	71	purchased by the fire protection district at a price below 57
72	72	the actual market value of the property may be returned to 58
73	73	the donor or resold to the seller if such property is not 59
74	74	used for the specific pu rpose for which it was acquired; 60
75	75	(12) (a) To adopt and amend bylaws, fire protection 61
76	76	and fire prevention ordinances, and any other rules and 62
77	77	regulations not in conflict with the constitution and laws 63
78	78	of this state, necessary for the carrying on o f the 64
79	79	business, objects and affairs of the board and of the 65
80	80	district, and refer to the proper authorities for 66
81	81	prosecution any infraction thereof detrimental to the 67
82	82	district. Any person violating any such ordinance is hereby 68
83	83	declared to be guilty of a misdemeanor, and upon conviction 69
84	84	thereof shall be punished as is provided by law therefor. 70
85	85	The prosecuting attorney for the county in which the 71
86	86	violation occurs shall prosecute such violations in the 72
87	87	circuit court of that county. The legal officer or attorney 73
88	88	for the fire district may be appointed by the prosecuting 74
89	89	attorney as special assistant prosecuting attorney for the 75
90	90	prosecution of any such violation. The enactments of the 76
91	91	fire district in delegating administrative authority to 77
92	92	officials of the district may provide standards of action 78
93	93	for the administrative officials, which standards are 79
94	94	declared as industrial codes adopted by nationally organized 80
95	95	and recognized trade bodies. The board shall have the power 81
96	96	to adopt an ordinance, rule , or regulation allowing the 82 SB 602 4
97	97	district to charge individuals who reside outside of the 83
98	98	district, but who receive emergency services within the 84
99	99	boundaries of the district, for the actual and reasonable 85
100	100	cost of such services. However, such actual and rea sonable 86
101	101	costs shall not exceed one hundred dollars for responding to 87
102	102	each fire call or alarm and two hundred fifty dollars for 88
103	103	each hour or a proportional sum for each quarter hour spent 89
104	104	in combating a fire or emergency ; 90
105	105	(b) Notwithstanding parag raph (a) of this subdivision, 91
106	106	fire protection and fire prevention ordinances shall not be 92
107	107	exercised so as to impose regulations or require permits 93
108	108	with respect to the erection, maintenance, repair, 94
109	109	alteration, or extension of farm buildings or farm 95
110	110	structures; 96
111	111	(13) To pay all court costs and expenses connected 97
112	112	with the first election or any subsequent election in the 98
113	113	district; 99
114	114	(14) To have and exercise all rights and powers 100
115	115	necessary or incidental to or implied from the specific 101
116	116	powers granted herein. Such specific powers shall not be 102
117	117	considered as a limitation upon any power necessary or 103
118	118	appropriate to carry out the purposes and intent of this 104
119	119	chapter; 105
120	120	(15) To provide for health, accident, disability and 106
121	121	pension benefits for the salaried members of its organized 107
122	122	fire department of the district and such other benefits for 108
123	123	their spouses and eligible unemancipated children, through 109
124	124	either or both a contributory or noncontributory plan. For 110
125	125	purposes of this section, "eligible unemancipated child" 111
126	126	means a natural or adopted child of an insured, or a 112
127	127	stepchild of an insured who is domiciled with the insured, 113
128	128	who is less than twenty -three years of age, who is not 114 SB 602 5
129	129	married, not employed on a full -time basis, not maintaining 115
130	130	a separate residence except for full -time students in an 116
131	131	accredited school or institution of higher learning, and who 117
132	132	is dependent on parents or guardians for at least fifty 118
133	133	percent of his or her support. The type and amount of such 119
134	134	benefits shall be de termined by the board of directors of 120
135	135	the fire protection district within the level of available 121
136	136	revenues of the pension program and other available revenues 122
137	137	of the district. If an employee contributory plan is 123
138	138	adopted, then at least one voting member of the board of 124
139	139	trustees shall be a member of the fire district elected by 125
140	140	the contributing members, which shall not be the same as the 126
141	141	board of directors; 127
142	142	(16) To contract with any municipality that is 128
143	143	contiguous to a fire protection district f or the fire 129
144	144	protection district to provide fire protection to the 130
145	145	municipality for a fee as hereinafter provided; 131
146	146	(17) To provide for life insurance, accident, 132
147	147	sickness, health, disability, annuity, length of service, 133
148	148	pension, retirement and othe r employee-type fringe benefits, 134
149	149	subject to the provisions of section 70.615, for the 135
150	150	volunteer members of any organized fire department of the 136
151	151	district and such other benefits for their spouses and 137
152	152	eligible unemancipated children, through either a 138
153	153	contributory or noncontributory plan, or both. For purposes 139
154	154	of this section, "eligible unemancipated child" means a 140
155	155	natural or adopted child of an insured, or a stepchild of an 141
156	156	insured who is domiciled with the insured, who is less than 142
157	157	twenty-three years of age, who is not married, not employed 143
158	158	on a full-time basis, not maintaining a separate residence 144
159	159	except for full-time students in an accredited school or 145
160	160	institution of higher learning, and who is dependent on 146 SB 602 6
161	161	parents or guardians for at least fi fty percent of his or 147
162	162	her support. The type and amount of such benefits shall be 148
163	163	determined by the board of directors of the fire protection 149
164	164	district within available revenues of the district, 150
165	165	including the pension program of the district. The 151
166	166	provision and receipt of such benefits shall not make the 152
167	167	recipient an employee of the district. Directors who are 153
168	168	also volunteer members may receive such benefits while 154
169	169	serving as a director of the district; 155
170	170	(18) To contract for services with any rur al, 156
171	171	volunteer or subscription fire department or organization, 157
172	172	or volunteer fire protection association, as defined in 158
173	173	section 320.300, for the purpose of providing the benefits 159
174	174	described in subdivision (17) of this section. 160
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