MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Insurance
By: Senator(s) Michel, McLendon
AN ACT TO AMEND SECTION 45-11-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE LIMITATION ON THE NUMBER OF EMERGENCY MEDICAL RESPONDER STUDENTS THE STATE FIRE ACADEMY MAY TRAIN PER YEAR; TO AMEND SECTION 83-1-37, MISSISSIPPI CODE OF 1972, TO REVISE THE MUNICIPAL FIRE PROTECTION FUND TO ALLOW USE OF FIRE REBATE MONIES FOR EMERGENCY MEDICAL SERVICES TRAINING AND EQUIPMENT; TO AMEND SECTION 83-1-39, MISSISSIPPI CODE OF 1972, TO REVISE THE COUNTY VOLUNTEER FIRE PROTECTION FUND TO ALLOW USE OF FIRE REBATE MONIES FOR EMERGENCY MEDICAL SERVICES TRAINING AND EQUIPMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-11-7, Mississippi Code of 1972, is amended as follows:
45-11-7. (1) There is hereby created a State Fire Academy for the training and education of persons engaged in municipal, county and industrial fire protection. The Commissioner of Insurance shall appoint an Executive Director of the State Fire Academy who, along with his employees, shall be designated as a division of the Insurance Department. The executive director shall serve at the pleasure of the Commissioner of Insurance. The State Fire Academy shall be under the supervision and direction of the Executive Director of the State Fire Academy. State Fire Academy training programs for fire personnel shall be conducted at the academy with seminars to be conducted in other sections of the state as and when the State Fire Academy Advisory Board considers it necessary and advisable.
The Commissioner of Insurance may establish and charge reasonable fees for the training programs and other services provided by the academy. A record of all funds received pursuant to this paragraph shall be maintained as is required for other monies pursuant to Section 45-11-5.
The Executive Director of the State Fire Academy is authorized and empowered to purchase, operate and maintain mobile firefighting equipment as he may find necessary and proper for the operation of the academy subject to approval of the Commissioner of Insurance. The equipment may be utilized wherever training sessions may be held at the discretion of the State Fire Academy Advisory Board.
(2) The Commissioner of Insurance shall be authorized to undertake appropriate action to accomplish and fulfill the purposes of the State Fire Academy, including the hiring of instructors and personnel, the lease and purchase of appropriate training equipment and to lease, purchase or construct suitable premises and quarters for conducting annual school and seminars, as the State Fire Academy Advisory Board may deem necessary and required for such purposes. Any contract entered into under and by virtue of the provisions of this section shall first be submitted to and approved by the Public Procurement Review Board, and construction pursuant to the contract shall be under the supervision of the Governor's Office of General Services.
(3) Vouchers for operating expense for the State Fire Academy shall be signed by the Executive Director of the State Fire Academy and payment thereof shall be made from such funds to be derived from a special allocation from the State Fire Academy Fund as provided in Section 45-11-5.
(4) The State Fire Academy is hereby officially designated as the agency of this state to conduct training for fire personnel on a statewide basis in which members of all duly constituted fire departments may participate. This subsection shall not be construed to affect the authority of any fire department to conduct training for its own personnel.
(5) Each state agency,
private agency or federal agency which provides training for the fire service
shall coordinate such efforts with the State Fire Academy to prevent
duplication of cost and to * * * ensure
standardization of training.
(6) The State Fire Academy shall present an appropriate certificate signifying the successful completion of its prescribed courses.
(7) National firefighter standards approved by the Mississippi Fire Personnel Minimum Standards and Certification Board shall be used as the basis for classroom instruction at the fire academy.
(8) The Commissioner of Insurance, Executive Director of the State Fire Academy, and the Mississippi Fire Personnel Minimum Standards and Certification Board shall coordinate all state programs related to fire department operations.
(9) The Commissioner of Insurance is hereby authorized and empowered to establish standard guidelines for the use of, and accountability for, municipal and county fire protection funds distributed pursuant to the provisions of Sections 83-1-37 and 83-1-39, Mississippi Code of 1972. Such guidelines shall include requirements for the establishment of record keeping and reports to the Commissioner of Insurance by municipalities and counties relating to the receipt and expenditure of fire protection funds, the training of fire department personnel and the submission to the Commissioner of Insurance of other data reasonably related to local fire protection responsibilities which the Commissioner of Insurance deems necessary for the performance of the duties of the State Fire Academy Advisory Board.
(10) In order that the Commissioner of Insurance may more effectively execute the duties imposed upon him by subsection (9) of this section, there is hereby created within the State Fire Academy a Division of Fire Services Development. The division shall be staffed by a Fire Services Development Coordinator, appointed by the executive director of the academy from his current staff and by such other personnel as deemed by the Commissioner of Insurance. The division shall work with municipal and county fire coordinators to ensure effective implementation of guidelines established pursuant to subsection (9) of this section and shall serve in an advisory capacity for all aspects of fire service improvement. The Fire Service Coordinator shall annually notify the Department of Finance and Administration of those municipalities and counties which are not eligible to receive a portion of fire protection fund distributions because of failure to comply with requirements imposed in Sections 83-1-37 and 83-1-39 as a prerequisite to receipt of such funds.
(11) There is created in the State Treasury a separate account to be known as the "State Fire Academy Construction Fund." The State Treasurer shall transfer on July 1, 1997, the sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00) and on July 1, 1998, the sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00) from the State Fire Academy Fund 3502 into the separate account created in this subsection. Monies in such account shall be expended solely, upon legislative appropriations, to defray expenses related to the construction of capital improvements project known as "Fire Safety and Education Building" and parking areas at the State Fire Academy by the Bureau of Building, Grounds and Real Property Management of the Office of General Services and to pay any indebtedness incurred to accomplish such construction. Funds not used after the completion of this capital improvements project shall be transferred back into State Fund 3502.
(12) From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(13) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
(14) The State Fire Academy
is designated as an authorized training program for Emergency Medical Response
and Emergency Medical Technician, and is authorized to provide initial and
national continued competency program training, including Emergency Medical
Responder, Emergency Medical Technician-Basic and Emergency Medical Technician-Advanced.
The State Fire Academy shall be limited to a total of one hundred twenty (120)
students per year for * * * Emergency Medical Technician-Basic
and Emergency Medical Technician-Advanced training; however, no limitation
shall apply to the number of Emergency Medical Responder students. The
training program established by the State Fire Academy shall meet or exceed the
requirements of the most current training program national standard curriculum
as developed by the United States Department of Transportation, National
Highway Traffic Safety Administration, and shall also meet the minimum testing
and certification requirements established by the State Board of Health.
Successful graduates of the State Fire Academy Emergency Medical Response and
Emergency Medical Technician training shall be eligible for certification by
the State Board of Health for the training level achieved, provided that their
training meets or exceeds the minimum testing and certification requirements
established by the State Board of Health for these respective skills, and such
certification may be obtained in coordination with the State Board of Health pursuant
to Chapters 59 and 60, Title 41, Mississippi Code of 1972.
SECTION 2. Section 83-1-37, Mississippi Code of 1972, is amended as follows:
83-1-37. (1) The Department of Revenue shall pay for credit to a fund known as the "Municipal Fire Protection Fund," the sum of Four Million Eight Hundred Fifty Thousand Dollars ($4,850,000.00) annually out of the insurance premium tax collected annually from the taxes levied on the gross premiums on fire insurance policies written on properties in this state, under Sections 27-15-103 through 27-15-127. The State Treasurer shall credit this amount to the Municipal Fire Protection Fund. This fund shall be set aside and earmarked for payment to municipalities in this state, as hereinafter provided.
(2) Using 1990 as a base year, the Department of Revenue shall pay over annually to the State Treasurer, for credit to the "Municipal Fire Protection Fund," an amount representing one-half of ten percent (1/2 of 10%) of any growth after 1990 of the insurance premium tax collected annually from the taxes levied on the gross premium on fire insurance policies written on properties in this state, under Sections 27-15-103 through 27-15-127.
(3) The fund hereby created
and denominated "Municipal Fire Protection Fund" shall be apportioned
and paid over by the Department of Insurance to the incorporated municipalities
certified as eligible to participate in the fund by the Commissioner of
Insurance, and shall be distributed * * * in the following manner annually:
each municipality shall be paid Six Thousand Dollars ($6,000.00), with the remainder
of the monies to be paid on a population basis, to be determined by the
most recent federal census * * *.
Municipalities receiving these funds shall earmark such monies for fire
protection services.
* * *
( * * *4) The amount paid under subsections
(1) and (2) of this section to a municipality shall be used and expended in
accordance with the guidelines established by the Commissioner of Insurance
authorized by Section 45-11-7, * * * for the training of municipal personnel as
needed for the adoption of and compliance with the minimum building codes as
established and promulgated by the Mississippi Building Codes Council, * * * for windstorm mitigation programs as approved
by the Commissioner of Insurance, and for emergency medical service training
and equipment as provided by municipal fire protection services. A municipality
may provide reasonable remuneration to municipal volunteer firefighters in accordance
with the guidelines established by the Commissioner of Insurance authorized by Section
45-11-7.
( * * *5) Each municipality shall levy a tax
of not less than one-fourth (1/4) mill on all property of the municipality or
appropriate the avails of not less than one-fourth (1/4) mill from the
municipality's general fund for fire protection purposes. Municipalities may
allow such millage to be collected by the county. Each municipality shall
annually provide the Commissioner of Insurance and the State Fire Coordinator
on a form provided by the State Fire Coordinator a report stating whether the
municipality is levied the one-fourth (1/4) mill hereby required or in lieu
thereof is allowing such millage to be collected by the county.
(6) The Commissioner of Insurance may promulgate rules and regulations to establish guidelines for the use of fire rebate funds.
SECTION 3. Section 83-1-39, Mississippi Code of 1972, is amended as follows:
83-1-39. (1) The Department
of Revenue shall pay over to the State Treasurer, to be credited to a fund
entitled "County Volunteer Fire Department Fund," the sum of Four
Million Eight Hundred Fifty Thousand Dollars ($4,850,000.00) annually out of
the insurance premium tax in addition to the amount collected by it under the
provisions of Section 27-15-103 et seq. Such funds, hereinafter referred to as
insurance rebate monies, are hereby earmarked for payment to the various counties
of the state and shall be paid over to the counties by the Department of
Insurance in the following manner: each county shall be paid Thirty Thousand
Dollars ($30,000.00), with the remainder of the monies to be paid on the
basis of the population of each county as it compares to the population of
participating counties, not counting residents of any municipality. Such
insurance rebate monies shall only be distributed to those counties which are
in compliance with subsections (5) and (6) of this section. * * *
(2) Using 1990 as a base year, the Department of Revenue shall pay to the State Treasurer, to be credited to the "County Volunteer Fire Department Fund," an amount representing one-half of ten percent (1/2 of 10%) of any growth after 1990 of the insurance premium tax collected annually from the taxes levied on the gross premium on fire insurance policies written on properties in this state, in addition to the amount collected by it under Section 27-15-103 et seq.
(3) Insurance rebate monies shall be expended by the board of supervisors for fire protection purposes of each county for the following categories:
(a) For training expenses, including emergency medical services training;
(b) Purchase of equipment, purchase of fire trucks, repair and refurbishing of fire trucks and firefighting equipment, for emergency medical services equipment, and capital construction anywhere in the county or pledging as security for a period of not more than ten (10) years for such purchases;
(c) Purchase of insurance on county-owned firefighting or emergency medical services equipment;
(d) Fire protection service contracts, including, but not limited to, municipalities, legal fire protection districts, and nonprofit corporations providing or coordinating fire service or emergency medical services in or out of the county;
(e) Appropriations to
legal fire protection districts located in counties subject to all restrictions
applicable to the use of insurance rebate monies; * * *
(f) Training of any
county personnel as needed for the adoption of and compliance with the codes
established and promulgated by the Mississippi Building Codes Council or for
windstorm mitigation programs as approved by the Commissioner of Insurance * * *;
(g) Any county-owned
equipment or other property, at the option of the board of supervisors, may be
used by any legally created fire department * * *;
(h) At the option of the board of supervisors, a county may provide reasonable remuneration to volunteer firefighters in accordance with the guidelines established by the Commissioner of Insurance authorized by Section 45-11-7; or
(i) For any use allowed in accordance with the guidelines as established by the Commissioner of Insurance.
(4) Insurance rebate monies not expended in a given fiscal year for fire protection purposes shall be placed in a special fund with a written plan approved by the Commissioner of Insurance for disposition and expenditure of such monies. After the contracts for fire protection services have been approved and accepted by the board of supervisors, the monies shall be released to be expended in such manner as provided by this section.
(5) No county shall receive payments pursuant to this section after July 1, 1988, unless such county:
(a) Designates a county fire service coordinator who is responsible for seeing that standard guidelines established by the Commissioner of Insurance pursuant to Section 45-11-7(9), Mississippi Code of 1972, are followed. The county fire coordinator must demonstrate that he possesses fire-related knowledge and experience;
(b) Designates one (1) member of the sheriff's department to be the county fire investigator and, from and after July 1, 2008, requires the designated member of the sheriff's department to attend the State Fire Academy to be trained in arson investigation; however, in the event of a loss of the county fire investigator due to illness, death, resignation, discharge or other legitimate cause, notice shall be immediately given to the Commissioner of Insurance and the county may continue to receive payments on an interim basis for a period not to exceed one (1) year;
(c) Adheres to the standard guidelines established by the Commissioner of Insurance pursuant to Section 45-11-7(9); and
(d) Counties shall levy a tax of not less than one-fourth (1/4) mill on all property of the county or appropriate avails of not less than one-fourth (1/4) mill from the county's general fund for fire protection purposes. Municipalities making a written declaration to the county that they fund and provide their own fire services shall be exempted from this levy. This levy shall be used for fire protection purposes which include, but are not limited to, contracting with any provider of fire protection services.
(6) (a) No funds shall be
paid by the county to any provider of fire protection services except in
accordance with a written contract entered into in accordance with guidelines
established by the Commissioner of Insurance and properly approved by the board
of supervisors and Commissioner of Insurance. No county shall distribute funds
to any fire service provider which has not met the reporting requirements
required by the Commissioner of Insurance. At such time that a fire protection
services provider, particularly a county volunteer fire department, a
municipality or a fire protection district, has fulfilled the obligations of
the written contract and has met the reporting requirements provided for in
this subsection and the board of supervisors has received the insurance rebate
monies, the board of supervisors shall disburse the appropriate amount to the
fire protection services provider within a reasonable time, not to exceed six
(6) weeks, from the time such requirements are met. Insurance rebate monies
used for the purposes of contracting shall be expended by the fire service
provider for capital construction, training expenses, purchase of firefighting
equipment, including payments on any loans made for the purpose of purchasing firefighting
equipment, * * *
purchase of insurance for any fire equipment owned or operated by the provider,
and for training and equipment of emergency medical services as provided by fire
protection services.
(b) If the Commissioner of Insurance believes that a county is using the funds in a manner not consistent with subsections (5) and (6) of this section, the commissioner shall request the State Auditor to conduct an investigation pursuant to Section 7-7-211(e).
(7) The board of supervisors of any county may contribute funds directly to any provider of fire protection services serving such county. Such contributions must be used for fire protection purposes as may be reasonably established by the Commissioner of Insurance.
(8) Any municipal, county or local water association or other utility district supplying water may, upon adoption of a resolution authorizing such action, contribute free of charge to a volunteer fire department or fire protection district serving such local government, political subdivision or utility district such water as is necessary for firefighting or training activities of such volunteer fire department or fire protection district.
(9) The board of supervisors of any county may, in its discretion, grade, gravel, shell and/or maintain real property of a county volunteer fire department, including roads or driveways thereof, as necessary for the effective and safe operation of such county volunteer fire department. Any action taken by the board of supervisors under the authority of this subsection shall be spread upon the minutes of the board of supervisors when the work is authorized.
(10) For the purpose of this section, "fire protection district" means a district organized under Section 19-5-151 et seq., or pursuant to any other code section or by any local and private act authorizing the establishment of a fire protection district, unless the context clearly requires otherwise.
(11) The Commissioner of Insurance may promulgate rules and regulations to establish guidelines for the use of fire rebate funds.
SECTION 4. This act shall take effect and be in force from and after July 1, 2022.