MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Ways and Means
By: Representatives Byrd, Reynolds, Karriem, Stamps, Bounds, Miles
AN ACT TO AMEND SECTION 17-23-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ADDITIONAL ROUND OF FIRE TRUCKS FOR COUNTIES AND MUNICIPALITIES UNDER THE RURAL FIRE TRUCK ACQUISITION ASSISTANCE PROGRAM; TO CREATE A SPECIAL FUND TO BE DESIGNATED THE "RURAL FIRE TRUCK MATCHING ASSISTANCE FUND" WHICH SHALL BE USED TO ASSIST COUNTIES AND MUNICIPALITIES WITH REMAINING ELIGIBILITY UNDER THE RURAL FIRE TRUCK ACQUISITION PROGRAM; TO PROVIDE THAT THE TOTAL AMOUNT OF MATCHING ASSISTANCE SHALL NOT EXCEED 80% OF THE PURCHASE PRICE OF THE RURAL FIRE TRUCK; TO PROVIDE THAT THE DEPARTMENT OF INSURANCE MAY PROVIDE SUCH MATCHING ASSISTANCE TO COUNTIES AND MUNICIPALITIES UPON MEETING CERTAIN CRITERIA; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-23-1, Mississippi Code of 1972, is amended as follows:
17-23-1. (1) There is established the Rural Fire Truck Acquisition Assistance Program to be administered by the Department of Insurance for the purpose of assisting counties and municipalities in the acquisition of fire trucks.
(2) There is created in the State Treasury a special fund to be designated as the "Rural Fire Truck Fund." The Legislature may appropriate that amount necessary to fulfill the obligations created under this section by the Department of Insurance, from the State General Fund to such special fund, which sum shall be added to the remainder of the money transferred on July 1, 1995, and during the 1996 Regular Session to the Rural Fire Truck Fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund. Unobligated amounts remaining in the Rural Fire Truck Fund, Fund No. 3507, or in any fund created for funds appropriated or otherwise made available for this program, may be used as matching funds by any county with remaining eligibility as provided herein. It is the intent of the Legislature that the Department of Insurance continue to accept applications from the counties for fire trucks as provided in subsection (3) of this section.
(3) (a) A county that meets
the requirements provided herein may receive an amount not to exceed * * * One Million Ten Thousand Dollars ($1,010,000.00)
as provided in subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix),
(x), (xi), (xii) * * *
and (xiii) * * * of this paragraph, and such amount shall be divided as follows:
an amount of not more than Fifty Thousand Dollars ($50,000.00) per fire truck for
the first six (6) trucks and not more than Seventy Thousand Dollars ($70,000.00)
per fire truck for the seventh, eighth, ninth, tenth and eleventh trucks, and not
more than Ninety Thousand Dollars ($90,000.00) per fire truck for the twelfth, thirteenth * * *, fourteenth and fifteenth truck.
Monies distributed under this chapter shall be expended only for the purchase of
new or used fire trucks and such trucks must meet the National Fire Protection
Association (NFPA) standards in the 1900 series and be approved by the Rural
Fire Truck Review Committee.
(i) Any county that
has not applied for a fire truck under this section is eligible to submit applications
for * * *
fifteen (15) fire trucks as follows: six (6) fire trucks at not more than
Fifty Thousand Dollars ($50,000.00) per truck and five (5) fire trucks at not more
than Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of * * *
One Million Ten Thousand Dollars ($1,010,000.00).
(ii) Any county that
has received one (1) fire truck under this section is eligible to submit applications
for * * *
fourteen (14) fire trucks as follows: five (5) fire trucks at not more than
Fifty Thousand Dollars ($50,000.00) per truck and five (5) fire trucks at not more
than Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of * * *
Nine Hundred Sixty Thousand Dollars ($960,000.00).
(iii) Any county that
has received two (2) fire trucks under this section is eligible to submit an application
for * * *
thirteen (13) fire trucks as follows: four (4) fire trucks at not more than
Fifty Thousand Dollars ($50,000.00) per truck and five (5) fire trucks at not more
than Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Nine Hundred Ten Thousand Dollars ($910,000.00).
(iv) Any county that
has received three (3) fire trucks under this section is eligible to submit an application
for * * *
twelve (12) fire trucks as follows: three (3) fire trucks at not more than
Fifty Thousand Dollars ($50,000.00) per truck and five (5) fire trucks at not more
than Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Eight Hundred Sixty Thousand Dollars ($860,000.00).
(v) Any county that
has received four (4) fire trucks under this section is eligible to submit an application
for * * *
eleven (11) fire trucks as follows: two (2) fire trucks at not more than
Fifty Thousand Dollars ($50,000.00) per truck and five (5) fire trucks at not more
than Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Eight Hundred Ten Thousand Dollars ($810,000.00).
(vi) Any county that
has received five (5) fire trucks under this section is eligible to submit an application
for * * *
ten (10) fire trucks as follows: one (1) fire truck at not more than Fifty
Thousand Dollars ($50,000.00) per truck and five (5) fire trucks at not more than
Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Seven Hundred Sixty Thousand Dollars ($760,000.00).
(vii) Any county that
has received six (6) fire trucks under this section is eligible to submit an application
for * * *
nine (9) fire trucks as follows: five (5) fire trucks at not more than Seventy
Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Seven Hundred Ten Thousand Dollars ($710,000.00).
(viii) Any county that
has received seven (7) fire trucks under this section is eligible to submit an application
for * * *
eight (8) fire trucks as follows: four (4) fire trucks at not more than
Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Six Hundred Forty Thousand Dollars ($640,000.00).
(ix) Any county that
has received eight (8) fire trucks under this section is eligible to submit an application
for * * *
seven (7) fire trucks as follows: three (3) fire trucks at not more than
Seventy Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Five Hundred Seventy Thousand Dollars ($570,000.00).
(x) Any county that
has received nine (9) fire trucks under this section is eligible to submit an application
for * * *
six (6) fire trucks as follows: two (2) fire trucks at not more than Seventy
Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Five Hundred Thousand Dollars ($500,000.00).
(xi) Any county that
has received ten (10) fire trucks under this section is eligible to submit an application
for * * *
five (5) fire trucks as follows: one (1) fire truck at not more than Seventy
Thousand Dollars ($70,000.00) per truck, and * * * four (4) fire trucks at not more
than Ninety Thousand Dollars ($90,000.00) per truck or a total of not more than * * *
Four Hundred Thirty Thousand Dollars ($430,000.00).
(xii) Any county that
has received eleven (11) fire trucks under this section is eligible to submit an
application for * * * four (4) fire trucks at not more than Ninety Thousand Dollars
($90,000.00) per truck.
(xiii) Any county may
apply for * * *
four (4) fire trucks at not more than Ninety Thousand Dollars ($90,000.00)
per truck as provided in subparagraph (xii), provided that the county agrees to
forego any previous fire truck under subparagraphs (i) through (xi) for which the
county has not previously applied, and that the county has received approval from
the Rural Fire Truck Acquisition Assistance Program Committee to apply for and receive
a truck under subparagraph (xii).
(b) The board of supervisors of the county shall submit its request for the receipt of monies to the Department of Insurance. A committee composed of the Commissioner of Insurance, the State Fire Coordinator, the Director of the Rating Bureau and the Director of the State Fire Academy shall review the requests by the boards of supervisors and shall determine whether the county or municipality for which the board of supervisors has requested a truck meets the requirements of eligibility under this chapter.
(c) To be eligible to receive monies under this chapter:
(i) A county or municipality must pledge to set aside or dedicate each year as matching funds, for a period not to extend over ten (10) years, local funds in an amount equal to or not less than one-tenth (1/10) of the amount of monies for which it is requesting distribution from the Rural Fire Truck Fund, which pledged monies may be derived from local ad valorem tax authorized by law or from any other funds available to the county or municipality, except for those funds received by municipalities or counties from the Municipal Fire Protection Fund or the County Volunteer Fire Department Fund, as defined in Sections 83-1-37 and 83-1-39.
(ii) A municipality must provide adequate documentation of its contract with the county that requires the municipality to provide fire protection in rural areas. The term "rural areas" means any area within the county located outside the boundaries of an incorporated municipality or any incorporated municipality with a population of two thousand five hundred (2,500) or less.
(d) The Department of Insurance shall maintain an accurate record of all monies distributed to counties and municipalities and the number of fire trucks purchased and the cost for each fire truck, such records to be kept separate from other records of the Department of Insurance; notify counties and municipalities of the Rural Fire Truck Acquisition Assistance Program and the requirements for them to become eligible to participate; adopt and promulgate such rules and regulations as may be necessary and desirable to implement the provisions of this chapter; and file with the Legislature a report detailing how monies made available under this chapter were distributed and spent during the preceding portion of the fiscal year in each county and municipality, the number of fire trucks purchased, the counties and municipalities making such purchases, and the cost of each fire truck purchased.
(4) There is created in the State Treasury a special fund to be designated as the "Rural Fire Truck Matching Assistance Fund," which shall consist of funds appropriated by the Legislature from the State General Fund or any other special source fund. The Department of Insurance shall use the funds for matching assistance to counties and municipalities with remaining eligibility in accordance with the provisions of subsection (5) of this section. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.
(5) Subject to appropriation by the Legislature, the Department of Insurance may provide funds to counties and municipalities out of the Rural Fire Truck Matching Assistance Fund in an amount exceeding the amount authorized in subsection (3) of this section. However, the total amount of funds allowed under this subsection combined with the funds provided in subsection (3) of this section shall not exceed eighty percent (80%) of the purchase price of the rural fire truck. A county or municipality is eligible for such matching assistance upon meeting the following criteria:
(a) The county or municipality's application is approved for funding in accordance with the criteria in subsection (3) of this section;
(b) The department determines that the county or municipality does not have sufficient funds available for the purchase of a rural fire truck with the funds authorized in subsection (3) of this section; and
(c) The county has received funding for no more than eight (8) rounds from the Rural Fire Truck Acquisition Assistance Program.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.