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Volunteer departments urge quick code cleanup after tax and benefits confusion
Summary
Volunteer fire department leaders told the committee that 501(c)(3) organizational status has created unintended consequences (vehicle classification, line-of-duty death benefits and excise taxes) and urged a legislative fix to adopt a single 'certified fire department' definition to ensure consistent protections and funding.
Volunteer fire chiefs urged lawmakers to address statutory inconsistencies that can leave volunteer departments and their members without the protections enjoyed by municipal or fire protection districts.
John Hale of Castleton Fire described how his 100% volunteer, 501(c)(3)-organized department provides fire protection for multiple townships and interstates but has faced recent administrative problems after a legislative sales-tax bill amendment and a motor-vehicle excise tax notice from NDDOT. "With no government plates, no red lights and no sirens, we would have some inefficient fire trucks and fairly unsafe" fleet operations, Hale said.
Hale and other speakers recommended replacing multiple, inconsistent Century Code references to "fire department" or "firefighter" with a unified "certified fire department" definition already used by the State Fire Marshal's office for insurance rebate and reporting purposes. That certification requires annual reporting of runs, active firefighter rosters and financial use of insurance-premium disbursements, proponents said, and it would keep volunteers eligible for line-of-duty death benefits, civil-immunity protections and correct vehicle classifications.
Committee members asked whether the needed fixes should be pursued during the special session; Hale replied some items are urgent (vehicle classification, death-benefit language) and that draft language is being prepared with the State Fire Marshal's office and legislative sponsors. No formal bill was introduced at the meeting.
