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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Turner
HOUSE BILL NO. 1449
AN ACT TO PROHIBIT MANDATORY FIRE APPARATUS RETIREMENT BASED 1
SOLELY ON AGE WHEN CONDITION, TESTING AND MAINTENANCE CRITERIA ARE 2
SATISFIED; TO AMEND SECTION 83-3-24, MISSISSIPPI CODE OF 1972, TO 3
ESTABLISH THE RESPONSE DISTANCE FROM A FIRE STATION THAT MUST BE 4
UTILIZED BY THE MISSISSIPPI STATE RATING BUREAU WHEN GRADING 5
MUNICIPALITIES OR FIRE DISTRICTS FOR FIRE INSURANCE RATING 6
PURPOSES; TO BRING FORWARD SECTION 83-1-37, MISSISSIPPI CODE OF 7
1972, WHICH REQUIRES CERTAIN FUNDS COLLECTED ON THE GROSS PREMIUMS 8
OF FIRE INSURANCE POLICIES TO BE EARMARKED FOR THE MUNICIPAL FIRE 9
DEPARTMENT FUND, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 10
FORWARD SECTION 83-1-39, MISSISSIPPI CODE OF 1972, WHICH REQUIRES 11
CERTAIN FUNDS FROM THE INSURANCE PREMIUM TAX TO BE EARMARKED FOR 12
THE COUNTY VOLUNTEER FIRE DEPARTMENT FUND, FOR PURPOSES OF 13
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. (1) Notwithstanding any provision of law or rule 16
to the contrary, a county, municipality or fire protection 17
district may not be required by state regulation, local ordinance 18
or fire rating mandate to replace or retire a fire apparatus, 19
solely on the basis of the calendar age of the apparatus, if the 20
apparatus: 21
(a) Has passed all required safety inspections, 22
mechanical evaluations, performance testing, pump and ladder 23
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testing, if applicable, in accordance with NFPA 1911, NFPA 1900, 24
and any applicable Mississippi State Rating Bureau standards; 25
(b) Has been maintained and serviced in full compliance 26
with manufacturer specifications and documented maintenance 27
records; and 28
(c) Does not possess known structural, mechanical or 29
operational defects rendering the apparatus unsafe or materially 30
deficient in firefighting capability. 31
(2) A recommendation by the Mississippi State Rating Bureau 32
or its designees that a fire apparatus be replaced must be based 33
on objective test results, engineering analyses, or documented 34
mechanical failure and not on chronological age. 35
(3) This section may not be deemed to prevent a political 36
subdivision from voluntarily replacing fire apparatus earlier than 37
what testing and maintenance would require, and a penalty, 38
deduction or rating downgrade may not be imposed solely on the 39
basis that the apparatus has reached a certain age. 40
SECTION 2. Section 83-3-24, Mississippi Code of 1972, is 41
amended as follows: 42
83-3-24. (1) When rating a municipality or fire district, 43
including evaluations of rural or volunteer fire departments, the 44
Rating Bureau shall consider the mileage, condition and 45
maintenance of the fire trucks rather than the age of the fire 46
trucks. For the purpose of grading municipalities or fire 47
districts, including rural and volunteer fire departments, and 48
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awarding credits that are considered in determining an overall 49
fire rating based upon the condition of their fire trucks, the 50
Rating Bureau shall publish guidelines for use in the grading of 51
fire trucks not later than January 30 of the calendar year during 52
which the Rating Bureau will apply the guidelines. These 53
guidelines shall be published and made available to each 54
municipality and fire district, including rural and volunteer fire 55
departments, on the Rating Bureau's website not later than January 56
30 of the calendar year during which the Rating Bureau will apply 57
the guidelines. If a fire truck in a municipality or fire 58
district, including rural and volunteer fire departments, 59
satisfies the guidelines, then the Rating Bureau shall not 60
recommend the replacement of the fire truck before the next 61
grading process. 62
(2) For the purpose of grading fire departments, the 63
alternative water supply standard shall be two hundred fifty (250) 64
gallons per minute for a sustained period of one (1) hour. 65
(3) For the purpose of grading municipalities or fire 66
districts, including rural and volunteer fire departments, the 67
response distance from a fire station used by the Rating Bureau 68
must be no less than seven and one-half (7 1/2) road miles, 69
regardless of whether the property is inside the boundaries of a 70
municipality or fire protection district. 71
SECTION 3. Section 83-1-37, Mississippi Code of 1972, is 72
brought forward as follows: 73
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83-1-37. (1) The Department of Revenue shall pay for credit 74
to a fund known as the "Municipal Fire Protection Fund," the sum 75
of Four Million Eight Hundred Fifty Thousand Dollars 76
($4,850,000.00) annually out of the insurance premium tax 77
collected annually from the taxes levied on the gross premiums on 78
fire insurance policies written on properties in this state, under 79
Sections 27-15-103 through 27-15-127. The State Treasurer shall 80
credit this amount to the Municipal Fire Protection Fund. This 81
fund shall be set aside and earmarked for payment to 82
municipalities in this state, as hereinafter provided. 83
(2) Using 1990 as a base year, the Department of Revenue 84
shall pay over annually to the State Treasurer, for credit to the 85
"Municipal Fire Protection Fund," an amount representing one-half 86
of ten percent (1/2 of 10%) of any growth after 1990 of the 87
insurance premium tax collected annually from the taxes levied on 88
the gross premium on fire insurance policies written on properties 89
in this state, under Sections 27-15-103 through 27-15-127. 90
(3) The fund hereby created and denominated "Municipal Fire 91
Protection Fund" shall be apportioned and paid over by the 92
Department of Insurance to the incorporated municipalities 93
certified as eligible to participate in the fund by the 94
Commissioner of Insurance, and shall be distributed in the 95
following manner annually: each municipality shall be paid Six 96
Thousand Dollars ($6,000.00), with the remainder of the monies to 97
be paid on a population basis, to be determined by the most recent 98
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federal census. Municipalities receiving these funds shall 99
earmark such monies for fire protection services. 100
(4) The amount paid under subsections (1) and (2) of this 101
section to a municipality shall be used and expended in accordance 102
with the guidelines established by the Commissioner of Insurance 103
authorized by Section 45-11-7, for the training of municipal 104
personnel as needed for the adoption of and compliance with the 105
minimum building codes as established and promulgated by the 106
Mississippi Building Codes Council, for windstorm mitigation 107
programs as approved by the Commissioner of Insurance, and for 108
emergency medical service training and equipment as provided by 109
municipal fire protection services. A municipality may provide 110
reasonable remuneration to municipal volunteer firefighters in 111
accordance with the guidelines established by the Commissioner of 112
Insurance authorized by Section 45-11-7. 113
(5) Each municipality shall levy a tax of not less than 114
one-fourth (1/4) mill on all property of the municipality or 115
appropriate the avails of not less than one-fourth (1/4) mill from 116
the municipality's general fund for fire protection purposes. 117
Municipalities may allow such millage to be collected by the 118
county. Each municipality shall annually provide the Commissioner 119
of Insurance and the State Fire Coordinator on a form provided by 120
the State Fire Coordinator a report stating whether the 121
municipality is levied the one-fourth (1/4) mill hereby required 122
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or in lieu thereof is allowing such millage to be collected by the 123
county. 124
(6) The Commissioner of Insurance may promulgate rules and 125
regulations to establish guidelines for the use of fire rebate 126
funds. 127
SECTION 4. Section 83-1-39, Mississippi Code of 1972, is 128
brought forward as follows: 129
83-1-39. (1) The Department of Revenue shall pay over to 130
the State Treasurer, to be credited to a fund entitled "County 131
Volunteer Fire Department Fund," the sum of Four Million Eight 132
Hundred Fifty Thousand Dollars ($4,850,000.00) annually out of the 133
insurance premium tax in addition to the amount collected by it 134
under the provisions of Section 27-15-103 et seq. Such funds, 135
hereinafter referred to as insurance rebate monies, are hereby 136
earmarked for payment to the various counties of the state and 137
shall be paid over to the counties by the Department of Insurance 138
in the following manner: each county shall be paid Thirty 139
Thousand Dollars ($30,000.00), with the remainder of the monies to 140
be paid on the basis of the population of each county as it 141
compares to the population of participating counties, not counting 142
residents of any municipality. Such insurance rebate monies shall 143
only be distributed to those counties which are in compliance with 144
subsections (5) and (6) of this section. 145
(2) Using 1990 as a base year, the Department of Revenue 146
shall pay to the State Treasurer, to be credited to the "County 147
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Volunteer Fire Department Fund," an amount representing one-half 148
of ten percent (1/2 of 10%) of any growth after 1990 of the 149
insurance premium tax collected annually from the taxes levied on 150
the gross premium on fire insurance policies written on properties 151
in this state, in addition to the amount collected by it under 152
Section 27-15-103 et seq. 153
(3) Insurance rebate monies shall be expended by the board 154
of supervisors for fire protection purposes of each county for the 155
following categories: 156
(a) For training expenses, including emergency medical 157
services training; 158
(b) Purchase of equipment, purchase of fire trucks, 159
repair and refurbishing of fire trucks and firefighting equipment, 160
for emergency medical services equipment, and capital construction 161
anywhere in the county or pledging as security for a period of not 162
more than ten (10) years for such purchases; 163
(c) Purchase of insurance on county-owned firefighting 164
or emergency medical services equipment; 165
(d) Fire protection service contracts, including, but 166
not limited to, municipalities, legal fire protection districts, 167
and nonprofit corporations providing or coordinating fire service 168
or emergency medical services in or out of the county; 169
(e) Appropriations to legal fire protection districts 170
located in counties subject to all restrictions applicable to the 171
use of insurance rebate monies; 172
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(f) Training of any county personnel as needed for the 173
adoption of and compliance with the codes established and 174
promulgated by the Mississippi Building Codes Council or for 175
windstorm mitigation programs as approved by the Commissioner of 176
Insurance; 177
(g) Any county-owned equipment or other property, at 178
the option of the board of supervisors, may be used by any legally 179
created fire department; 180
(h) At the option of the board of supervisors, a county 181
may provide reasonable remuneration to volunteer firefighters in 182
accordance with the guidelines established by the Commissioner of 183
Insurance authorized by Section 45-11-7; or 184
(i) For any use allowed in accordance with the 185
guidelines as established by the Commissioner of Insurance. 186
(4) Insurance rebate monies not expended in a given fiscal 187
year for fire protection purposes shall be placed in a special 188
fund with a written plan approved by the Commissioner of Insurance 189
for disposition and expenditure of such monies. After the 190
contracts for fire protection services have been approved and 191
accepted by the board of supervisors, the monies shall be released 192
to be expended in such manner as provided by this section. 193
(5) No county shall receive payments pursuant to this 194
section after July 1, 1988, unless such county: 195
(a) Designates a county fire service coordinator who is 196
responsible for seeing that standard guidelines established by the 197
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Commissioner of Insurance pursuant to Section 45-11-7(9), 198
Mississippi Code of 1972, are followed. The county fire 199
coordinator must demonstrate that he possesses fire-related 200
knowledge and experience; 201
(b) Designates one (1) member of the sheriff's 202
department to be the county fire investigator and, from and after 203
July 1, 2008, requires the designated member of the sheriff's 204
department to attend the State Fire Academy to be trained in arson 205
investigation; however, in the event of a loss of the county fire 206
investigator due to illness, death, resignation, discharge or 207
other legitimate cause, notice shall be immediately given to the 208
Commissioner of Insurance and the county may continue to receive 209
payments on an interim basis for a period not to exceed one (1) 210
year; 211
(c) Adheres to the standard guidelines established by 212
the Commissioner of Insurance pursuant to Section 45-11-7(9); and 213
(d) Counties shall levy a tax of not less than 214
one-fourth (1/4) mill on all property of the county or appropriate 215
avails of not less than one-fourth (1/4) mill from the county's 216
general fund for fire protection purposes. Municipalities making 217
a written declaration to the county that they fund and provide 218
their own fire services shall be exempted from this levy. This 219
levy shall be used for fire protection purposes which include, but 220
are not limited to, contracting with any provider of fire 221
protection services. 222
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(6) (a) No funds shall be paid by the county to any 223
provider of fire protection services except in accordance with a 224
written contract entered into in accordance with guidelines 225
established by the Commissioner of Insurance and properly approved 226
by the board of supervisors and Commissioner of Insurance. No 227
county shall distribute funds to any fire service provider which 228
has not met the reporting requirements required by the 229
Commissioner of Insurance. At such time that a fire protection 230
services provider, particularly a county volunteer fire 231
department, a municipality or a fire protection district, has 232
fulfilled the obligations of the written contract and has met the 233
reporting requirements provided for in this subsection and the 234
board of supervisors has received the insurance rebate monies, the 235
board of supervisors shall disburse the appropriate amount to the 236
fire protection services provider within a reasonable time, not to 237
exceed six (6) weeks, from the time such requirements are met. 238
Insurance rebate monies used for the purposes of contracting shall 239
be expended by the fire service provider for capital construction, 240
training expenses, purchase of firefighting equipment, including 241
payments on any loans made for the purpose of purchasing 242
firefighting equipment, purchase of insurance for any fire 243
equipment owned or operated by the provider, and for training and 244
equipment of emergency medical services as provided by fire 245
protection services. 246
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(b) If the Commissioner of Insurance believes that a 247
county is using the funds in a manner not consistent with 248
subsections (5) and (6) of this section, the commissioner shall 249
request the State Auditor to conduct an investigation pursuant to 250
Section 7-7-211(e). 251
(7) The board of supervisors of any county may contribute 252
funds directly to any provider of fire protection services serving 253
such county. Such contributions must be used for fire protection 254
purposes as may be reasonably established by the Commissioner of 255
Insurance. 256
(8) Any municipal, county or local water association or 257
other utility district supplying water may, upon adoption of a 258
resolution authorizing such action, contribute free of charge to a 259
volunteer fire department or fire protection district serving such 260
local government, political subdivision or utility district such 261
water as is necessary for firefighting or training activities of 262
such volunteer fire department or fire protection district. 263
(9) The board of supervisors of any county may, in its 264
discretion, grade, gravel, shell and/or maintain real property of 265
a county volunteer fire department, including roads or driveways 266
thereof, as necessary for the effective and safe operation of such 267
county volunteer fire department. Any action taken by the board 268
of supervisors under the authority of this subsection shall be 269
spread upon the minutes of the board of supervisors when the work 270
is authorized. 271
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ST: Fire protection; revise provisions
regarding mandatory retirement of fire apparatus
and response distance.
(10) For the purpose of this section, "fire protection 272
district" means a district organized under Section 19-5-151 et 273
seq., or pursuant to any other code section or by any local and 274
private act authorizing the establishment of a fire protection 275
district, unless the context clearly requires otherwise. 276
(11) The Commissioner of Insurance may promulgate rules and 277
regulations to establish guidelines for the use of fire rebate 278
funds. 279
SECTION 5. This act shall take effect and be in force from 280
and after July 1, 2026. 281