67th Legislature HB 421.1
1 HOUSE BILL NO. 421
2 INTRODUCED BY J. HINKLE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO VOLUNTEER
5 EMERGENCY CARE PROVIDERS; ALLOWING A VOLUNTEER EMERGENCY CARE PROVIDER TO
6 RECEIVE BENEFITS UNDER THE VOLUNTEER FIREFIGHTERS COMPENSATION ACT; ALLOWING A
7 LOCAL OR TRIBAL GOVERNMENT ENTITY TO DEPOSIT A PORTION OF 9-1-1 FUNDING TO PROVIDE
8 FOR VOLUNTEER EMERGENCY CARE PROVIDER PENSIONS; DEFINING THE DUTIES OF A
9 VOLUNTEER EMERGENCY CARE PROVIDER; DEFINING THE ELIGIBILITY REQUIREMENTS OF AN
10 EMERGENCY CARE PROVIDER COMPANY TO QUALIFY TO PARTICIPATE IN THE PENSION PROGRAM;
11 INCREASING REIMBURSEMENT LIMITS FOR A PERSON TO RECEIVE PROTECTIONS UNDER THE
12 GOOD SAMARITAN LAW; AMENDING SECTIONS 10-4-108, 19-17-102, 19-17-105, 19-17-108, 19-17-109,
13 19-17-110, 19-17-111, 19-17-112, 19-17-113, 19-17-205, 19-17-301, 19-17-401, 19-17-403, 19-17-406, 19-17-
14 412, 19-17-501, 19-17-502, 19-17-503, 19-17-601, AND 27-1-714, MCA; PROVIDING FOR CONTINGENT
15 VOIDNESS; AND PROVIDING AN EFFECTIVE DATE.”
16
17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
18
19 Section 1. Section 10-4-108, MCA, is amended to read:
20 "10-4-108. Rulemaking authority. (1) The department shall adopt rules to implement the provisions
21 of this chapter. The rules must include but are not limited to:
22 (a) distribution procedures for funding authorized in 10-4-305(1);
23 (b) procedures for grant funding authorized in 10-4-306. The rules for grant funding must include but
24 are not limited to:
25 (i) eligibility requirements for entities applying for grants;
26 (ii) criteria for awarding grants; and
27 (iii) reporting procedures for grant recipients.
28 (c) postdisbursement activities by the department to monitor the use of funding by entities, including:
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1 (i) reporting requirements; and
2 (ii) except as provided in subsection (5), procedures for repayment of funds expended on activities
3 determined not to meet eligibility requirements.
4 (2) The department shall adopt rules including but not limited to:
5 (a) technology standards, based on industry standards and a statewide 9-1-1 plan [pursuant to 10-4-
6 315], to ensure that public safety answering points meet minimum 9-1-1 services levels; and
7 (b) baseline next-generation 9-1-1 principles to facilitate the appropriate deployment of baseline next-
8 generation 9-1-1.
9 (3) (a) Before January 1, 2022, the department shall adopt rules for the allocation and distribution of
10 funds in the account provided for in 10-4-304(2)(a) in accordance with 10-4-305(2) and (3) to local and tribal
11 government entities that host public safety answering points.
12 (b) The rules adopted for allocation must be based on the official final decennial census figures and
13 must ensure that each local and tribal government entity that hosts a public safety answering point receives
14 funding. The allocation must account for:
15 (i) historic allocations provided to a local or tribal government entity that hosts a public safety
16 answering point;
17 (ii) the population of counties, cities, Indian reservations, or other government entities served by the
18 public safety answering point;
19 (iii) population trends; and
20 (iv) other factors determined by the department, in consultation with the 9-1-1 advisory council
21 provided for in 10-4-105, critical to the funding allocation.
22 (c) The department's allocation may not distribute funds in a manner that discourages public safety
23 answering points from consolidating or combining.
24 (4) The department shall adopt rules in accordance with the Montana Administrative Procedure Act
25 provided for in Title 2, chapter 4, to implement the provisions of this section.
26 (5) Eligibility requirements and allowable uses by the department must allow a local or tribal
27 government entity that receives a distribution in accordance with 10-4-305 to deposit a portion of their allocation
28 to the Volunteer Firefighters' Compensation Act in accordance with 19-17-301."
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1
2 Section 2. Section 19-17-102, MCA, is amended to read:
3 "19-17-102. Definitions. Unless the context requires otherwise, the following definitions apply in this
4 chapter:
5 (1) "Active member" means a volunteer firefighter or a volunteer emergency care provider credited
6 with service under this chapter as provided in 19-17-108 during the most recently reportable fiscal year.
7 (2) "Allowance" means a total monetary and gift amount that is available to a volunteer firefighter from
8 a fire company or a volunteer emergency care provider from an emergency care provider pursuant to 19-17-
9 110.
10 (3) "Benefit" means the pension, disability, or survivorship benefit provided under this chapter.
11 (4) "Board" means the public employees' retirement board provided for in 2-15-1009.
12 (5) "Claim" means a request from a member, surviving spouse, or dependent child for payment of
13 medical or funeral expenses.
14 (6) "Compensation" means remuneration for services rendered:
15 (a) as a firefighter from the fire company requesting credit for that firefighter; or
16 (b) as an emergency care provider from the emergency care provider company requesting credit for
17 that emergency care provider.
18 (7) "Dependent child" means a child who is unmarried, who is under 18 years of age, and who is the
19 child of a deceased member.
20 (8) "Designated official" means:
21 (a) a representative of a fire company appointed by the fire chief to perform specified actions and
22 includes but is not limited to a fire company supervisor, a fire company secretary, and a fire company presiding
23 officer as described in 7-33-2312; or
24 (b) a representative of an emergency care provider company designated to report to the board as
25 required under this chapter and to ensure compliance with the provisions of this chapter.
26 (9) "Disability" or "permanent total disability" means a duty-related injury resulting in permanent total
27 disability as defined in 39-71-116.
28 (10) "Emergency care provider company" means an organization of volunteer emergency care
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1 providers, including but not limited to:
2 (a) an organization created under 7-34-103 to provide ambulance service;
3 (b) an employer who provides workers' compensation coverage to a volunteer emergency care
4 provider as provided in 7-33-4510 or 39-71-118; and
5 (c) a nontransporting medical unit as defined in 50-6-302.
6 (10)(11) "Fire company" means an organization of volunteer firefighters created under the authority of
7 a governing board or commission to serve an unincorporated area, town, or village.
8 (11)(12) "Fiscal year" means the 12-month period that begins on July 1 and ends on June 30 of the
9 following year.
10 (12)(13) "Inactive member" means a member not credited with service under this chapter as provided
11 in 19-17-108 during the most recently reportable fiscal year.
12 (13)(14) "Member" means a volunteer firefighter or volunteer emergency care provider who has service
13 credited under this chapter.
14 (14)(15) "Pension benefit" means a full or partial payment for service earned as a volunteer firefighter
15 or volunteer emergency care provider and does not include payment for disability.
16 (15)(16) "Pension trust fund" means the volunteer firefighters' and volunteer emergency care provider's
17 pension trust fund established to pay claims and benefits under this chapter.
18 (16)(17) "Reimbursed" means the return by a fire company or emergency care provider company of an
19 equivalent amount of money expended by a member for the benefit of the fire company or emergency care
20 provider company.
21 (17)(18) "Retiree" or "retired member" means a member who is receiving full or partial pension benefits
22 or disability benefits from the pension trust fund.
23 (18)(19) "Supplemental insurance" means insurance that is carried by a fire company or emergency
24 care provider company for the purposes of providing disability or death benefits. Supplemental insurance does
25 not include any insurance required by law, such as workers' compensation insurance.
26 (19)(20) "Surviving spouse" means the spouse married to a member when the member dies.
27 (20)(21) "Survivorship benefit" means the monthly benefit paid to the surviving spouse or dependent
28 child of a deceased member.
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1 (21)(22) "Training" means instruction pertaining to firefighting that is supervised by the chief or a
2 designated official.
3 (23) "Volunteer emergency care provider" means an individual who:
4 (a) is licensed pursuant to Title 50, chapter 6, part 2, and provides out-of-hospital, emergency medical
5 or community-integrated health care or interfacility transport for an emergency medical service; and
6 (b) does not receive a regular salary or wage to provide emergency care provider services.
7 (22)(24) "Volunteer firefighter" means a person who is a member of an eligible fire company and is not
8 compensated for services as a firefighter."
9
10 Section 3. Section 19-17-105, MCA, is amended to read:
11 "19-17-105. Duties of volunteer firefighters and emergency care providers. (1) The duties of a
12 volunteer firefighter include any activity authorized by an officer of the fire company relating to travel to,
13 participation in, and return from calls for fire protection, fire company meetings, training, medical assistance,
14 search and rescue assistance, public service activities, such as parades, and calls for assistance to protect
15 individual or public health and safety.
16 (2) The duties of a volunteer emergency care provider include any activity relating to travel to,
17 participation in, and return from calls for emergency medical care, community-integrated health care,
18 interfacility transport, training, public service activities, and calls for assistance to protect individual public health
19 and safety."
20
21 Section 4. Section 19-17-108, MCA, is amended to read:
22 "19-17-108. Credit for service as volunteer firefighter or volunteer emergency care provider --
23 records. (1) The annual period of service that may be credited under this chapter is the fiscal year. A fractional
24 part of a year may not count toward the service required for participation in this system. To A member must
25 continue to meet the requirements of 19-17-109 to be eligible to receive credit for any particular year and,:
26 (a) a volunteer firefighter shall serve throughout the entire fiscal year with a single fire company that
27 is organized under Title 7, chapter 33, and continues to meet the requirements of 19-17-109.; and
28 (b) a volunteer emergency care provider shall serve with at least one emergency care provider
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1 company throughout the entire fiscal year.
2 (2) The years of service are cumulative and need not be continuous. Separate periods of service
3 properly credited with different fire companies or emergency care provider companies must be credited toward
4 a member's eligibility for benefits.
5 (3) A volunteer firefighter may not receive credit for service during any fiscal year unless:
6 (a) during the fiscal year, the volunteer firefighter completes a minimum of 30 hours of training in
7 firefighting duties as outlined in 19-17-105 under a formal program that has been formulated, supervised, and
8 certified to the board by the chief or designated official of the fire company; and
9 (b) the volunteer firefighter's participation in the training program is documented in the fire company's
10 records maintained pursuant to 19-17-111 by the chief or designated official.
11 (4) A volunteer emergency care provider may not receive credit for service during any fiscal year
12 unless:
13 (a) the volunteer emergency care provider remains licensed, certified, or otherwise legally qualified to
14 provide emergency medical care for the duration of the fiscal year; and
15 (b) the emergency care provider company maintains adequate record of the licensure and certification
16 of all volunteer emergency care providers in the company."
17
18 Section 5. Section 19-17-109, MCA, is amended to read:
19 "19-17-109. Eligible fire company and emergency care provider company. (1) To be eligible to
20 participate under this chapter, a fire company shall provide to the board documentation of the following:
21 (1)(a) the fire company's name and mailing address;
22 (2)(b) the name of the fire chief and designated official, if any;
23 (3)(c) the portion of the fire district serviced by the fire company;
24 (4)(d) that the area serviced is located in an unincorporated area;
25 (5)(e) that the fire company maintains firefighting equipment that is in serviceable condition and owns,
26 rents, or uses one or more buildings for the storage of the equipment. The equipment and buildings must be
27 valued at $12,000 or more.
28 (6)(f) that the fire company was properly established by a governing board. Documentation under this
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1 subsection (6) (1)(f) must consist of:
2 (a)(i) a copy of the minutes of the meeting during which the governing board established the fire
3 company; or
4 (b)(ii) if the meeting minutes are unavailable, a copy of its first filing with the county clerk pursuant to 7-
5 33-2311.
6 (2) To be eligible to participate under this chapter, an emergency care provider company shall provide
7 to the board documentation of the following:
8 (a) the emergency care provider company's name and mailing address;
9 (b) the name of the designated official;
10 (c) that the emergency care provider company maintains emergency care provider equipment that is
11 in serviceable condition and owns, rents, or uses one or more buildings for the storage of the equipment or
12 contracts with another entity for the procurement and use of sufficient equipment; and
13 (d) that the emergency care provider company is located within the boundaries of a local or tribal
14 government entity that contributes funds in accordance with 19-17-301."
15
16 Section 6. Section 19-17-110, MCA, is amended to read:
17 "19-17-110. Allowable payments to volunteer firefighters and volunteer emergency care
18 providers. (1) Allowable payments to volunteer firefighters and volunteer emergency care providers include:
19 (a) payments of money reimbursed for documented expenses; and
20 (b) an allowance, including a stipend or per diem, that may not exceed $3,000 $5,000 in a calendar
21 year.
22 (2) Compensation, as defined in 19-17-102, is not an allowable payment.
23 (3) Records of all payments and allowances must be maintained pursuant to 19-17-111."
24
25 Section 7. Section 19-17-111, MCA, is amended to read:
26 "19-17-111. Records information management. (1) The chief or designated official of a fire
27 company or emergency care provider company shall maintain the records