HB 300 Establishes the Volunteer Firefighter Job Protection Act

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 300 - This act modifies various provisions relating to fire protection.

This act bars public and private employers from firing an employee for joining any fire department, as a volunteer, or for missing work for responding to an emergency as a volunteer firefighter. Employers may, however, deduct hours missed by the employee from the employee's regular compensation. Employees must make a reasonable effort to notify their employers before they miss work and the employer may request the employee to provide the employer with a written statement from the supervisor of the volunteer fire department stating that the employee responded to an emergency and the time and date of such emergency.

This act prohibits fire department employees from being required to reside within a fixed area of the department if the only public school district available to the employee is or has been unaccredited or provisionally accredited in the last five years of the employee's employment. No employee of a fire department who has not resided in such fire department's fixed and legal boundaries, or who has changed such employee's residency, shall be required to reside within the boundaries if the school district subsequently becomes fully accredited.

The act defines a "fire department" as an agency or organization that provides fire suppression activities. The term fire department shall include any municipal fire department, voluntary fire protection association, or fire protection district. This act also requires "volunteer fire protection associations" to provide fire suppression and related activities in fixed geographical areas.

All fire protection districts, volunteer fire protection associations, and fire departments must complete and file a fire department registration form with the State Fire Marshal within 60 days after January 1, 2008, and annually thereafter. The state fire marshal may issue an identification number to each registered entity and conduct periodic reviews of the information provided on the registration forms.

This act requires volunteer fire protection associations to identify their boundaries and file them with the county, rather than simply allowing them to do so. Any volunteer fire protection association is prohibited from encroaching upon or including any portion of another fire department's legally established boundaries.

Except for state agencies, fire protection districts, municipal fire departments, and volunteer fire protection associations shall be the sole providers of services within their defined boundaries. Other associations may provide services upon approval by the appropriate governing body and may appeal the decision when denied approval in circuit court.

This act requires members of fire protection district (FPD) boards first elected after January 1, 2008, to complete educational training. The content of the training will be determined by the State Fire Marshal but must include the duties of the FPD director, all FPD statutes and regulations, ethics and sunshine laws, financial and fiduciary responsibilities, and laws relating to the setting of tax rates and revenue limitations. If a board member does not receive the required training within one year of taking office, the board member shall not receive an attendance fee until the training is completed.

This act is similar to CCS/HCS/SCS/SB 666 (2006) and SCS/SB 47 (2007) and certain provisions of SS/SCS/SB 22 (2007).

SUSAN HENDERSON MOORE


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