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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | February 4, 2014 03:22 PM |
|---|---|
| From: | Representative Stephen Barrar |
| To: | All House members |
| Subject: | Emergency Services Reimbursement |
| I plan to introduce legislation in the near future to authorize volunteer fire companies to recoup their costs associated with an emergency response that do not include the costs of providing manpower. At the present time, there is no state law that authorizes or prohibits volunteer fire companies from billing for their services. This legislation would establish that a person who is involved in an emergency, that necessitates a response from a volunteer emergency services organization, shall be liable for the actual and reasonable response costs. As you know, our volunteer fire and EMS organizations continue to struggle financially to provide our local municipalities with fire and emergency services protection. The reasons for this are two fold; 1) increased operation costs like trucks, turnout gear, etc. and 2) decreased municipal funding support. In the absence of a state law, the county courts have rendered two mid-1990 court decisions which ruled that, through the theory of “unjust enrichment,” volunteer fire departments could bill for real and reasonable costs (Lima Fire Co. No. 1 v. Rowe et. al., and Cherryhill Township Volunteer Co. v. David Marcus, Jr.). As well, the “Cherryhill” decision established that an enabling ordinance must be adopted by the local municipality which is serviced by the volunteer fire department. My legislation is a compromise, forward thinking proposal, that will codify this case law into statute; thereby, providing our more than 2,400 volunteer services organizations a way to recoup expenses by billing for real and reasonable reimbursement costs, not for manpower or labor costs. The cost recoupment may include items such as chemical agents used, the refill of air tanks, flares used at emergency scenes, fuel to operate apparatus, etc.). In short, my proposal is a cost recovery measure, not a revenue enhancement process. Furthermore, under my proposal, a fire company is prohibited from billing an individual who has paid a tax to the municipality wherein the fire company is located to fund the fire company or if the individual has made a monetary contribution to an annual fund drive of the fire company recognized by the municipality within the preceding 12 months. Please consider sponsoring this legislation to assist our volunteer fire companies that provide our communities with a very necessary service that we depend on to provide protection of life and property. |
Introduced as HB2427