Senate Bill No. 333

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act requiring a consolidated city-county to extend membership in its fire department relief association to volunteer firefighters of areas that were unincorporated areas prior to the city-county consolidation; amending sections 19-18-101 and 19-18-102, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 19-18-101, MCA, is amended to read:

"19-18-101.   Definitions. Unless the context requires otherwise, the following definitions apply in this chapter:

(1)  "Association" means the fire department relief association provided for in 19-18-102.

(2)  "Disability and pension fund" or "fund" means the fund provided for in 19-18-105.

(3)  "Fire department" includes all fire departments, consisting of paid, part-paid, or volunteer firefighters or any combination thereof, recognized by the city or town council of an incorporated city or town or by the governing body of a consolidated city-county of this state.

(4)  "Incorporated city or town" includes county seats, whether incorporated or not, and includes a consolidated city-county.

(5)  Any reference to "municipality", "city", or "town" includes those jurisdictions which that, prior to the effective date of a county-municipal consolidation, were incorporated municipalities or subsequent districts created for urban fire protection services and includes the areas that were unincorporated areas of a consolidated city-county prior to its consolidation."

Section 2.  Section 19-18-102, MCA, is amended to read:

"19-18-102.   Formation of fire department relief association -- membership. (1) The confirmed members of a fire department, as defined in 19-18-101, may form a local association to be known as the fire department relief association of the city or town of .... (naming the city or town or consolidated city-county). When an association is formed, it shall must be incorporated under the laws of this state. No one A person who is serving as a substitute, who is on probation, or who has not been confirmed as a member of the fire department is not eligible for membership in the association.

(2)  An association may only be formed and incorporated if:

(a)  its formation is authorized by subsection (1); and

(b)  the fire department has firefighting equipment in serviceable condition which that has a value of $750 or more."

NEW SECTION. Section 3.  Rights of volunteer firefighters in areas that were unincorporated prior to city-county consolidation -- funding. (1) On [the effective date of this act], volunteer firefighters in areas of a consolidated city-county that were unincorporated areas prior to the city-county consolidation, if the firefighters meet the eligibility requirements of this chapter, must be granted membership in the existing consolidated city-county fund.

(2) Funding to meet the requirements of this section is provided for in 19-18-503 and 19-18-504.

NEW SECTION. Section 4.  Codification instruction. [Section 3] is intended to be codified as an integral part of Title 19, chapter 18, part 1, and the provisions of Title 19, chapter 18, part 1, apply to [section 3].

NEW SECTION. Section 5.  Effective date. [This act] is effective July 1, 1997.