1998 Regular Session
By: Representatives Gadd, Jennings
House Bill 1198
AN ACT TO AMEND SECTION 19-5-175, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A FIRE PROTECTION DISTRICT SHALL HAVE A CERTAIN PERIOD OF TIME TO BRING THE FIRE RATING OF ANY TERRITORY WITHIN THE DISTRICT THAT HAS BEEN ANNEXED BY A MUNICIPALITY TO THE LEVEL OF THE FIRE RATING OF THE MUNICIPALITY; TO AMEND SECTION 21-25-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE GOVERNING AUTHORITIES OF A MUNICIPALITY MAY REQUIRE THAT FIRE PROTECTION DISTRICTS SHALL BRING THE FIRE RATING OF ANY ANNEXED TERRITORY TO THE LEVEL OF THE FIRE RATING OF THE MUNICIPALITY WITHIN A CERTAIN PERIOD OF TIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-175, Mississippi Code of 1972, is amended as follows:
19-5-175. Districts created under the provisions of Sections 19-5-151 through 19-5-207 shall have the powers enumerated in the resolution of the board of supervisors creating such districts but shall be limited to the conducting and operating of a water supply system, a sewer system, a garbage and waste collection and disposal system, a fire protection system, a combined water and fire protection system, a combined water and sewer system, a combined water and garbage and waste collection and disposal system, or a combined water, sewer, garbage and waste collection and disposal and fire protection system; and to carry out such purpose or purposes, such districts shall have the power and authority to acquire, construct, reconstruct, improve, better, extend, consolidate, maintain and operate such system or systems, and to contract with any municipality, person, firm or corporation for such services and for a supply and distribution of water, for collection, transportation, treatment and/or disposal of sewage and for services required incident to the operation and maintenance of such systems. Except as otherwise provided herein for fire protection services in territory annexed by a municipality, as long as any such district continues to furnish any of the services which it was authorized to furnish in and by the resolution by which it was created, it shall be the sole public corporation empowered to furnish such services within such district. However, if the board of commissioners of such district and the board of supervisors unanimously agree, the county may contract directly with any fire protection services provider, in which case the board of supervisors may distribute directly to the fire protection services provider any or all of the funds that otherwise would be distributed to the fire protection district. If a fire protection district, created under Section 19-5-151 et seq., contains territory annexed by a municipality, the fire protection district shall have one (1) year from the date of the annexation to bring the fire rating of that territory to the level of the fire rating of the annexing municipality. If, at the end of the one-year period, the annexed territory has not received the fire rating of the annexing municipality, the fire protection district shall relinquish its jurisdiction over the annexed territory in regard to fire protection services to the annexing municipality. Any indebtedness of the fire protection district regarding the annexed territory that is incurred by the municipality at the time of the annexation shall either be retired by the municipality or shall be paid through the tax levies authorized under Section 19-5-189, which shall remain in effect for the annexed territory only until the indebtedness is retired.
Any district created pursuant to the provisions of Sections 19-5-151 through 19-5-207 shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created. No enumeration of powers herein shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. Such districts are empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under such sections.
SECTION 2. Section 21-25-3, Mississippi Code of 1972, is amended as follows:
21-25-3. (1) The governing authorities of municipalities shall have the power to provide for the prevention and extinguishment of fires, to organize, establish, operate, and maintain fire and hook and ladder companies, to provide for and maintain a fire department and system, and to regulate the same. The governing authorities shall have the power to allow the fire department to attend and help to extinguish a fire outside the city limits. The governing authorities of a municipality shall have the power to require that fire protection districts containing territory annexed by the municipality shall bring the fire rating of the annexed territory to the level of the fire rating of the municipality within a one-year period from the date of the annexation. Failure to bring the annexed territory to the level of the fire rating of the municipality within such time frame shall result in the relinquishment of jurisdiction by the fire protection district to the municipality in regard to fire protection services as provided in Section 19-5-175, as amended by House Bill No. , 1998 Regular Session.
(2) No fire fighter whose training expenses have been reimbursed to or paid by the political subdivision employing the fire fighter shall leave the employ of the political subdivision for not less than two (2) years after completion of the reimbursed training, unless the reimbursed expenses are paid by the new employer to the political subdivision which reimbursed or paid such expenses. The amount to be paid shall be determined on a pro rata basis based upon when the fire fighter leaves the political subdivision within the two-year period. Defined training expenses are related to minimum standards training, as established by the Mississippi Fire Personnel Minimum Standards and Certification Board which were incurred and include salary, tuition, travel expenses of the employee as well as personnel cost related to the training incurred during the employee's absence.
SECTION 3. This act shall take effect and be in force from and after July 1, 1998.