Annual Fire Fund; require transfer of funds to City of Ocean Springs for purchase of fire truck.

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To: Insurance;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Zuber

HOUSE BILL NO. 1102

AN ACT TO AMEND SECTION 17-23-21, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE COMMISSIONER OF INSURANCE TO REQUEST THE STATE 2
FISCAL OFFICER TO TRANSFER FUNDS TO THE CITY OF OCEAN SPRINGS FOR 3
THE PURCHASE OF A FIRE TRUCK IN FISCAL YEAR 2027; TO BRING FORWARD 4
SECTION 17-23-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE RURAL 5
FIRE TRUCK FUND, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 6
FORWARD SECTION 17-23-11, MISSISSIPPI CODE OF 1972, WHICH CREATES 7
THE SUPPLEMENTARY RURAL FIRE TRUCK FUND, FOR PURPOSES OF POSSIBLE 8
AMENDMENT; TO BRING FORWARD SECTION 83-1-37, MISSISSIPPI CODE OF 9
1972, WHICH CREATES THE MUNICIPAL FIRE PROTECTION FUND, FOR 10
PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 17-23-21, Mississippi Code of 1972, is 13
amended as follows: 14
17-23-21. There is created in the State Treasury a special 15
fund to be designated as the "Annual Fire Fund" to be administered 16
by the Commissioner of Insurance. Except as otherwise required 17
under this section, monies in the fund, upon appropriation by the 18
Legislature, may be used by the commissioner only for the purpose 19
of his or her discretion in requesting the State Fiscal Officer, 20
and notifying the Legislative Budget Office of such, to transfer 21
funds from this fund to the Rural Fire Truck Fund, the 22
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Supplementary Rural Fire Truck Fund, the Municipal Fire Protection 23
Fund and/or the County Volunteer Fire Department Fund; however, 24
the commissioner shall request the State Fiscal Officer to 25
transfer at least One Million Five Hundred Thousand Dollars 26
($1,500,000.00) annually to the Rural and Supplementary Rural Fire 27
Truck Funds. Further, the commissioner shall request the State 28
Fiscal Officer to transfer an amount not exceeding One Million 29
Dollars ($1,000,000.00) to the City of Ocean Springs for the 30
purchase of a fire truck during fiscal year 2027. Upon the 31
request of the commissioner, the State Fiscal Officer shall 32
transfer the requested amounts from the Annual Fire Fund to the 33
Rural Fire Truck Fund, the Supplementary Rural Fire Truck Fund, 34
the Municipal Fire Protection Fund * * *, the County Volunteer 35
Fire Department Fund, or as otherwise required under this section. 36
The total amount of all such transfers shall not exceed the amount 37
appropriated by the Legislature from the Annual Fire Fund for the 38
fiscal year in which the transfers are made, and those transfers 39
shall not reduce the amount of the spending authority provided to 40
the commissioner by that appropriation. The commissioner shall 41
document those transfers through a reconciliation with the 42
Department of Finance and Administration. The Annual Fire Fund 43
shall consist of monies provided to it through the provisions of 44
Section 83-34-4(6), and any monies which may be appropriated to it 45
by the Legislature. Unexpended amounts remaining in the fund at 46
the end of a fiscal year shall not lapse into the State General 47
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Fund, and any interest earned on amounts in the fund shall be 48
deposited to the credit of the fund. 49
SECTION 2. Section 17-23-1, Mississippi Code of 1972, is 50
brought forward as follows: 51
17-23-1. (1) There is established the Rural Fire Truck 52
Acquisition Assistance Program to be administered by the 53
Department of Insurance for the purpose of assisting counties and 54
municipalities in the acquisition of fire trucks. 55
(2) There is created in the State Treasury a special fund to 56
be designated as the "Rural Fire Truck Fund." The Legislature may 57
appropriate that amount necessary to fulfill the obligations 58
created under this section by the Department of Insurance, from 59
the State General Fund to such special fund, which sum shall be 60
added to the remainder of the money transferred on July 1, 1995, 61
and during the 1996 Regular Session to the Rural Fire Truck Fund. 62
Unexpended amounts remaining in the fund at the end of a fiscal 63
year shall not lapse into the State General Fund, and any interest 64
earned on amounts in the fund shall be deposited to the credit of 65
the fund. Unobligated amounts remaining in the Rural Fire Truck 66
Fund, Fund No. 3507, or in any fund created for funds appropriated 67
or otherwise made available for this program, may be used as 68
matching funds by any county with remaining eligibility as 69
provided herein. It is the intent of the Legislature that the 70
Department of Insurance continue to accept applications from the 71
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counties for fire trucks as provided in subsection (3) of this 72
section. 73
(3) (a) A county that meets the requirements provided 74
herein may receive an amount not to exceed One Million Ten 75
Thousand Dollars ($1,010,000.00) as provided in subparagraphs (i), 76
(ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), 77
(xii) and (xiii) of this paragraph, and such amount shall be 78
divided as follows: an amount of not more than Fifty Thousand 79
Dollars ($50,000.00) per fire truck for the first six (6) trucks 80
and not more than Seventy Thousand Dollars ($70,000.00) per fire 81
truck for the seventh, eighth, ninth, tenth and eleventh trucks, 82
and not more than Ninety Thousand Dollars ($90,000.00) per fire 83
truck for the twelfth, thirteenth, fourteenth and fifteenth truck. 84
Monies distributed under this chapter shall be expended only for 85
the purchase of new or used fire trucks and such trucks must meet 86
the National Fire Protection Association (NFPA) standards in the 87
1900 series and be approved by the Rural Fire Truck Review 88
Committee. 89
(i) Any county that has not applied for a fire 90
truck under this section is eligible to submit applications for 91
fifteen (15) fire trucks as follows: six (6) fire trucks at not 92
more than Fifty Thousand Dollars ($50,000.00) per truck and five 93
(5) fire trucks at not more than Seventy Thousand Dollars 94
($70,000.00) per truck, and four (4) fire trucks at not more than 95
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Ninety Thousand Dollars ($90,000.00) per truck or a total of One 96
Million Ten Thousand Dollars ($1,010,000.00). 97
(ii) Any county that has received one (1) fire 98
truck under this section is eligible to submit applications for 99
fourteen (14) fire trucks as follows: five (5) fire trucks at not 100
more than Fifty Thousand Dollars ($50,000.00) per truck and five 101
(5) fire trucks at not more than Seventy Thousand Dollars 102
($70,000.00) per truck, and four (4) fire trucks at not more than 103
Ninety Thousand Dollars ($90,000.00) per truck or a total of Nine 104
Hundred Sixty Thousand Dollars ($960,000.00). 105
(iii) Any county that has received two (2) fire 106
trucks under this section is eligible to submit an application for 107
thirteen (13) fire trucks as follows: four (4) fire trucks at not 108
more than Fifty Thousand Dollars ($50,000.00) per truck and five 109
(5) fire trucks at not more than Seventy Thousand Dollars 110
($70,000.00) per truck, and four (4) fire trucks at not more than 111
Ninety Thousand Dollars ($90,000.00) per truck or a total of not 112
more than Nine Hundred Ten Thousand Dollars ($910,000.00). 113
(iv) Any county that has received three (3) fire 114
trucks under this section is eligible to submit an application for 115
twelve (12) fire trucks as follows: three (3) fire trucks at not 116
more than Fifty Thousand Dollars ($50,000.00) per truck and five 117
(5) fire trucks at not more than Seventy Thousand Dollars 118
($70,000.00) per truck, and four (4) fire trucks at not more than 119
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Ninety Thousand Dollars ($90,000.00) per truck or a total of not 120
more than Eight Hundred Sixty Thousand Dollars ($860,000.00). 121
(v) Any county that has received four (4) fire 122
trucks under this section is eligible to submit an application for 123
eleven (11) fire trucks as follows: two (2) fire trucks at not 124
more than Fifty Thousand Dollars ($50,000.00) per truck and five 125
(5) fire trucks at not more than Seventy Thousand Dollars 126
($70,000.00) per truck, and four (4) fire trucks at not more than 127
Ninety Thousand Dollars ($90,000.00) per truck or a total of not 128
more than Eight Hundred Ten Thousand Dollars ($810,000.00). 129
(vi) Any county that has received five (5) fire 130
trucks under this section is eligible to submit an application for 131
ten (10) fire trucks as follows: one (1) fire truck at not more 132
than Fifty Thousand Dollars ($50,000.00) per truck and five (5) 133
fire trucks at not more than Seventy Thousand Dollars ($70,000.00) 134
per truck, and four (4) fire trucks at not more than Ninety 135
Thousand Dollars ($90,000.00) per truck or a total of not more 136
than Seven Hundred Sixty Thousand Dollars ($760,000.00). 137
(vii) Any county that has received six (6) fire 138
trucks under this section is eligible to submit an application for 139
nine (9) fire trucks as follows: five (5) fire trucks at not more 140
than Seventy Thousand Dollars ($70,000.00) per truck, and four (4) 141
fire trucks at not more than Ninety Thousand Dollars ($90,000.00) 142
per truck or a total of not more than Seven Hundred Ten Thousand 143
Dollars ($710,000.00). 144
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(viii) Any county that has received seven (7) fire 145
trucks under this section is eligible to submit an application for 146
eight (8) fire trucks as follows: four (4) fire trucks at not 147
more than Seventy Thousand Dollars ($70,000.00) per truck, and 148
four (4) fire trucks at not more than Ninety Thousand Dollars 149
($90,000.00) per truck or a total of not more than Six Hundred 150
Forty Thousand Dollars ($640,000.00). 151
(ix) Any county that has received eight (8) fire 152
trucks under this section is eligible to submit an application for 153
seven (7) fire trucks as follows: three (3) fire trucks at not 154
more than Seventy Thousand Dollars ($70,000.00) per truck, and 155
four (4) fire trucks at not more than Ninety Thousand Dollars 156
($90,000.00) per truck or a total of not more than Five Hundred 157
Seventy Thousand Dollars ($570,000.00). 158
(x) Any county that has received nine (9) fire 159
trucks under this section is eligible to submit an application for 160
six (6) fire trucks as follows: two (2) fire trucks at not more 161
than Seventy Thousand Dollars ($70,000.00) per truck, and four (4) 162
fire trucks at not more than Ninety Thousand Dollars ($90,000.00) 163
per truck or a total of not more than Five Hundred Thousand 164
Dollars ($500,000.00). 165
(xi) Any county that has received ten (10) fire 166
trucks under this section is eligible to submit an application for 167
five (5) fire trucks as follows: one (1) fire truck at not more 168
than Seventy Thousand Dollars ($70,000.00) per truck, and four (4) 169
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fire trucks at not more than Ninety Thousand Dollars ($90,000.00) 170
per truck or a total of not more than Four Hundred Thirty Thousand 171
Dollars ($430,000.00). 172
(xii) Any county that has received eleven (11) 173
fire trucks under this section is eligible to submit an 174
application for four (4) fire trucks at not more than Ninety 175
Thousand Dollars ($90,000.00) per truck. 176
(xiii) Any county may apply for four (4) fire 177
trucks at not more than Ninety Thousand Dollars ($90,000.00) per 178
truck as provided in subparagraph (xii), provided that the county 179
agrees to forego any previous fire truck under subparagraphs (i) 180
through (xi) for which the county has not previously applied, and 181
that the county has received approval from the Rural Fire Truck 182
Acquisition Assistance Program Committee to apply for and receive 183
a truck under subparagraph (xii). 184
(b) The board of supervisors of the county shall submit 185
its request for the receipt of monies to the Department of 186
Insurance. A committee composed of the Commissioner of Insurance, 187
the State Fire Coordinator, the Director of the Rating Bureau and 188
the Director of the State Fire Academy shall review the requests 189
by the boards of supervisors and shall determine whether the 190
county or municipality for which the board of supervisors has 191
requested a truck meets the requirements of eligibility under this 192
chapter. 193
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(c) To be eligible to receive monies under this 194
chapter: 195
(i) A county or municipality must pledge to set 196
aside or dedicate each year as matching funds, for a period not to 197
extend over ten (10) years, local funds in an amount equal to or 198
not less than one-tenth (1/10) of the amount of monies for which 199
it is requesting distribution from the Rural Fire Truck Fund, 200
which pledged monies may be derived from local ad valorem tax 201
authorized by law or from any other funds available to the county 202
or municipality, except for those funds received by municipalities 203
or counties from the Municipal Fire Protection Fund or the County 204
Volunteer Fire Department Fund, as defined in Sections 83-1-37 and 205
83-1-39. 206
(ii) A municipality must provide adequate 207
documentation of its contract with the county that requires the 208
municipality to provide fire protection in rural areas. The term 209
"rural areas" means any area within the county located outside the 210
boundaries of an incorporated municipality or any incorporated 211
municipality with a population of two thousand five hundred 212
(2,500) or less. 213
(d) The Department of Insurance shall maintain an 214
accurate record of all monies distributed to counties and 215
municipalities and the number of fire trucks purchased and the 216
cost for each fire truck, such records to be kept separate from 217
other records of the Department of Insurance; notify counties and 218
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municipalities of the Rural Fire Truck Acquisition Assistance 219
Program and the requirements for them to become eligible to 220
participate; adopt and promulgate such rules and regulations as 221
may be necessary and desirable to implement the provisions of this 222
chapter; and file with the Legislature a report detailing how 223
monies made available under this chapter were distributed and 224
spent during the preceding portion of the fiscal year in each 225
county and municipality, the number of fire trucks purchased, the 226
counties and municipalities making such purchases, and the cost of 227
each fire truck purchased. 228
(4) There is created in the State Treasury a special fund to 229
be designated as the "Rural Fire Truck Matching Assistance Fund," 230
which shall consist of funds appropriated by the Legislature from 231
the State General Fund or any other special source fund. The 232
Department of Insurance shall use the funds for matching 233
assistance to counties and municipalities with remaining 234
eligibility in accordance with the provisions of subsection (5) of 235
this section. Unexpended amounts remaining in the fund at the end 236
of a fiscal year shall not lapse into the State General Fund, and 237
any interest earned on amounts in the fund shall be deposited to 238
the credit of the fund. 239
(5) Subject to appropriation by the Legislature, the 240
Department of Insurance may provide funds to counties and 241
municipalities out of the Rural Fire Truck Matching Assistance 242
Fund in an amount exceeding the amount authorized in subsection 243
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(3) of this section. However, the total amount of funds allowed 244
under this subsection combined with the funds provided in 245
subsection (3) of this section shall not exceed eighty percent 246
(80%) of the purchase price of the rural fire truck. A county or 247
municipality is eligible for such matching assistance upon meeting 248
the following criteria: 249
(a) The county or municipality's application is 250
approved for funding in accordance with the criteria in subsection 251
(3) of this section; 252
(b) The department determines that the county or 253
municipality does not have sufficient funds available for the 254
purchase of a rural fire truck with the funds authorized in 255
subsection (3) of this section; and 256
(c) The county has received funding for no more than 257
eight (8) rounds from the Rural Fire Truck Acquisition Assistance 258
Program. 259
SECTION 3. Section 17-23-11, Mississippi Code of 1972, is 260
brought forward as follows: 261
17-23-11. (1) There is established a supplementary rural 262
fire truck acquisition assistance program to be administered by 263
the Department of Insurance for the purpose of assisting counties 264
and municipalities in the acquisition of fire trucks. The 265
supplementary rural fire truck acquisition assistance program is 266
in addition to the rural fire truck acquisition assistance program 267
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established in Section 17-23-1 or any other program by which 268
counties and municipalities acquire fire trucks. 269
(2) There is created in the State Treasury a special fund to 270
be designated as the "Supplementary Rural Fire Truck Fund" which 271
shall consist of funds appropriated or otherwise made available by 272
the Legislature in any manner, and funds from any other source 273
designated for deposit into such fund. Monies in the fund shall 274
be used for the purpose of assisting counties and municipalities 275
in the acquisition of fire trucks. Unexpended amounts remaining 276
in the fund at the end of a fiscal year shall not lapse into the 277
State General Fund, and any interest earned on amounts in the fund 278
shall be deposited to the credit of the fund. 279
(3) (a) A county that meets the requirements provided 280
herein may receive an amount of not more than Seventy Thousand 281
Dollars ($70,000.00) per fire truck. Monies distributed under 282
this section shall be expended only for the purchase of new fire 283
trucks and such trucks must meet the National Fire Protection 284
Association (NFPA) standards in the 1900 series. 285
(b) The board of supervisors of the county shall submit 286
its request for the receipt of monies to the Department of 287
Insurance. A committee composed of the Commissioner of Insurance, 288
the State Fire Coordinator, the Director of the Rating Bureau and 289
the Director of the State Fire Academy shall review the requests 290
by the boards of supervisors and shall determine whether the 291
county or municipality for which the board of supervisors has 292
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requested a truck meets the requirements of eligibility under this 293
section. 294
(c) To be eligible to receive monies under this 295
section: 296
(i) A county or municipality must pledge to set 297
aside or dedicate each year as matching funds, for a period not to 298
extend over ten (10) years, local funds in an amount equal to or 299
not less than one-tenth (1/10) of the amount of monies for which 300
it is requesting distribution from the Supplementary Rural Fire 301
Truck Fund, which pledged monies may be derived from local ad 302
valorem tax authorized by law or from any other funds available to 303
the county or municipality, except for those funds received by 304
municipalities or counties from the Municipal Fire Protection Fund 305
or the County Volunteer Fire Department Fund, as defined in 306
Sections 83-1-37 and 83-1-39. 307
(ii) A municipality must provide adequate 308
documentation of its contract with the county that requires the 309
municipality to provide fire protection in rural areas. The term 310
"rural areas" means any area within the county located outside the 311
boundaries of an incorporated municipality or any incorporated 312
municipality with a population of two thousand five hundred 313
(2,500) or less. 314
(iii) A county or a municipality, designated by 315
the county, must have exhausted all rounds of applications for 316
fire trucks available to it under Section 17-23-1. 317
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(d) The Department of Insurance shall maintain an 318
accurate record of all monies distributed to counties and 319
municipalities and the number of fire trucks purchased and the 320
cost for each fire truck, such records to be kept separate from 321
other records of the Department of Insurance; notify counties and 322
municipalities of the supplementary rural fire truck acquisition 323
assistance program and the requirements for them to become 324
eligible to participate; adopt and promulgate such rules and 325
regulations as may be necessary and desirable to implement the 326
provisions of this section; and file with the Legislature a report 327
detailing how monies made available under this chapter were 328
distributed and spent during the preceding portion of the fiscal 329
year in each county and municipality, the number of fire trucks 330
purchased, the counties and municipalities making such purchases 331
and the cost of each fire truck purchased. 332
SECTION 4. Section 83-1-37, Mississippi Code of 1972, is 333
brought forward as follows: 334
83-1-37. (1) The Department of Revenue shall pay for credit 335
to a fund known as the "Municipal Fire Protection Fund," the sum 336
of Four Million Eight Hundred Fifty Thousand Dollars 337
($4,850,000.00) annually out of the insurance premium tax 338
collected annually from the taxes levied on the gross premiums on 339
fire insurance policies written on properties in this state, under 340
Sections 27-15-103 through 27-15-127. The State Treasurer shall 341
credit this amount to the Municipal Fire Protection Fund. This 342
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fund shall be set aside and earmarked for payment to 343
municipalities in this state, as hereinafter provided. 344
(2) Using 1990 as a base year, the Department of Revenue 345
shall pay over annually to the State Treasurer, for credit to the 346
"Municipal Fire Protection Fund," an amount representing one-half 347
of ten percent (1/2 of 10%) of any growth after 1990 of the 348
insurance premium tax collected annually from the taxes levied on 349
the gross premium on fire insurance policies written on properties 350
in this state, under Sections 27-15-103 through 27-15-127. 351
(3) The fund hereby created and denominated "Municipal Fire 352
Protection Fund" shall be apportioned and paid over by the 353
Department of Insurance to the incorporated municipalities 354
certified as eligible to participate in the fund by the 355
Commissioner of Insurance, and shall be distributed in the 356
following manner annually: each municipality shall be paid Six 357
Thousand Dollars ($6,000.00), with the remainder of the monies to 358
be paid on a population basis, to be determined by the most recent 359
federal census. Municipalities receiving these funds shall 360
earmark such monies for fire protection services. 361
(4) The amount paid under subsections (1) and (2) of this 362
section to a municipality shall be used and expended in accordance 363
with the guidelines established by the Commissioner of Insurance 364
authorized by Section 45-11-7, for the training of municipal 365
personnel as needed for the adoption of and compliance with the 366
minimum building codes as established and promulgated by the 367
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ST: Annual Fire Fund; require transfer of funds
to City of Ocean Springs for purchase of fire
truck.
Mississippi Building Codes Council, for windstorm mitigation 368
programs as approved by the Commissioner of Insurance, and for 369
emergency medical service training and equipment as provided by 370
municipal fire protection services. A municipality may provide 371
reasonable remuneration to municipal volunteer firefighters in 372
accordance with the guidelines established by the Commissioner of 373
Insurance authorized by Section 45-11-7. 374
(5) Each municipality shall levy a tax of not less than 375
one-fourth (1/4) mill on all property of the municipality or 376
appropriate the avails of not less than one-fourth (1/4) mill from 377
the municipality's general fund for fire protection purposes. 378
Municipalities may allow such millage to be collected by the 379
county. Each municipality shall annually provide the Commissioner 380
of Insurance and the State Fire Coordinator on a form provided by 381
the State Fire Coordinator a report stating whether the 382
municipality is levied the one-fourth (1/4) mill hereby required 383
or in lieu thereof is allowing such millage to be collected by the 384
county. 385
(6) The Commissioner of Insurance may promulgate rules and 386
regulations to establish guidelines for the use of fire rebate 387
funds. 388
SECTION 5. This act shall take effect and be in force from 389
and after July 1, 2026. 390