Bill Amendment: MS HB939 | 2026 | Regular Session
Bill Title: MS Length-of-Service Award Program; extend repealer and create Fire Grant Fund and Fire Equipment Grant Fund.
Status: 2026-04-08 - Approved by Governor [HB939 Detail]
Download: Mississippi-2026-HB939-Senate_Amendment_No_1.html
Pending
AMENDMENT NO 1 PROPOSED TO
House Bill No. 939
BY: Senator(s) Hopson
AMEND by inserting the following after line 111 and renumbering:
SECTION *. The State Fire Marshal and the Mississippi State Rating Bureau shall adhere to Section 83-3-24 as it relates to recommending age restrictions of fire apparatus. Maintenance requirements must follow NFPA 1900 as it relates to fire apparatus service and maintenance and fire apparatus pump requirements. SECTION *. (1) There is created in the State Treasury a special fund to be designated as the "FIRE Grant Fund" to be administered by the Department of Finance and Administration. The purposes of the fund shall be to assist municipalities and counties with fire safety, maintaining or lowering community fire ratings, recruiting and retaining firefighters, and defraying initial costs associated with creating a countywide fire program.
(2) Beginning on July 1, 2026, all funds that would have been appropriated to or otherwise deposited in, before July 1, 2026, the Rural Fire Truck Fund and Rural Fire Truck Matching Assistance Fund created under Section 17-23-1, the Supplementary Rural Fire Truck Fund created under Section 17-23-11, and the Annual Fire Fund created under Section 17-23-21 shall be deposited into the FIRE Grant Fund. No later than July 10, 2026, the State Fiscal Officer shall transfer all unobligated funds in the Rural Fire Truck Fund, the Rural Fire Truck Matching Assistance Fund, the Supplementary Rural Fire Truck Fund and the Annual Fire Fund to the FIRE Grant Fund. Unexpended amounts remaining in the FIRE Grant 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.
(3) (a) There is created the FIRE Grant Committee, which shall provide nonbinding advice to the Department of Finance and Administration regarding the administration of the FIRE Grant Fund and the authorizing and awarding grants from the FIRE Grant Fund. The FIRE Grant Advisory Committee shall be comprised of the following members:
(i) The Chair of the Appropriations Committee of the House of Representatives;
(ii) The Chair of the Appropriations Committee of the Senate;
(iii) Four (4) individuals appointed by the Lieutenant Governor, with one (1) of such being from each Congressional District;
(iv) Four (4) individuals appointed by the Speaker of the House of Representatives, with one (1) of such being from each Congressional District;
(v) One (1) representative appointed by the Mississippi Fire Chiefs Association;
(vi) One (1) representative from the Mississippi Fire Fighters Association;
(vii) One (1) representative from the Professional Firefighter Association of Mississippi;
(viii) One (1) volunteer, at large, jointly appointed by those associations named in subparagraphs (v) through (vii) of this paragraph (a); and
(ix) The State Fire Coordinator.
(b) The committee shall establish grant application guidelines and fire protection plan guidelines before the expiration of six (6) months following the date appointments are made pursuant to paragraph (a) of this subsection.
(4) The FIRE Grant Fund shall be used to fund grants in the following areas:
(a) Fire trucks. A fire truck grant will be awarded on a need, prior points system and the amount of matching funds made available by an applicant. An applicant must be awarded one (1) point for having a current Fire Rating Plan on file. In addition, an applicant shall be awarded one (1) point for every unsuccessful grant application. An applicant that is awarded a grant, but which chooses not to accept it, may not be awarded a point. After an applicant has been awarded a grant and accepted it, the applicant's points start to accumulate again. A grant awarded under this paragraph shall pay an amount up to seventy percent (70%) of the total purchase price of a fire truck; however, if an applicant never received a grant under the Rural Fire Truck Acquisition Assistance Program, the applicant's first match under this paragraph may be an amount up to ninety percent (90%).
(b) Equipment. An equipment grant will be awarded on a need, prior points system and the amount of matching funds made available by an applicant. An applicant must be awarded one (1) point for having a current Fire Rating Plan on file. In addition, an applicant shall be awarded one (1) point for every unsuccessful grant application. An applicant that is awarded a grant, but which chooses not to accept it, may not be awarded a point. After an applicant has been awarded a grant and accepted it, the applicant's points start to accumulate again. A grant awarded under this paragraph shall pay an amount up to seventy percent (70%) of the total purchase price of equipment.
(c) Countywide Fire Programs. The countywide fire grant will reimburse a county an amount up to One Hundred Thousand Dollars ($100,000.00) to help cover the first or second year expenses following the formation and implementation of a countywide fire program. The grant may cover expenses incurred from the construction of a building, the purchase of software, computers, radios and other equipment, and staffing. In order to be eligible for a grant under this paragraph, a program must be approved by the local governing board and must consolidate no less than three (3) local volunteer fire departments or alternatively, must cover no less than forty percent (40%) of the county. No more than five (5) grants may be awarded across the state under this paragraph during a one-year period.
(5) In addition to the requirements specified in subsection (4) of this section, in order to be eligible for a grant under this section, an applicant must have a Fire Rating Plan on file which includes a one-year and three-year plan to maintain and reduce the area fire rating.
SECTION *. Section 17-23-1, Mississippi Code of 1972, which creates the Rural Fire Truck Acquisition Assistance Program, is repealed.
SECTION *. Section 17-23-11, Mississippi Code of 1972, which creates a Supplementary Rural Fire Truck Acquisition Assistance Program, is repealed.
SECTION *. Section 17-23-21, Mississippi Code of 1972, which creates the Annual Fire Fund, is repealed.
SECTION *. Section 83-34-4, Mississippi Code of 1972, is amended as follows:
83-34-4. (1) Nonadmitted insurers shall not be assessable insurers of the association. All surplus lines insurance producers placing insurance through nonadmitted insurers shall collect from the insured and remit to the association a nonadmitted policy fee on all premiums for all insurance written by such surplus lines insurance producer for a policy from a nonadmitted insurer for any and all risks in this state, except that policies or portions thereof that cover residential earthquake risks or residential flood risks that are not written through the National Flood Insurance Program shall be exempt from the nonadmitted policy fee. By procuring or selling insurance on property in this state from a nonadmitted insurer, each surplus lines insurance producer placing insurance through a nonadmitted insurer agrees to be bound by the provisions of this chapter and to collect and remit the nonadmitted policy fee provided for herein.
(2) The nonadmitted policy fee shall be a percentage of the total policy premium but the nonadmitted policy fee shall not be considered premium and is not subject to premium taxes or commissions. However, failure to pay the nonadmitted policy fee shall be treated the same as failure to pay the premium. "Total policy premium" includes taxes and commissions.
(3) The nonadmitted policy fee percentage shall be three percent (3%).
(4) Within twenty (20) days of the end of the quarter, surplus lines insurance producers placing insurance through nonadmitted insurers shall remit directly to the association all nonadmitted policy fees collected in the preceding quarter. In addition to the nonadmitted policy fee provided for herein, surplus lines insurance producers placing insurance through nonadmitted insurers shall collect and remit excess deficit surcharges as provided by this chapter. Surplus lines insurance producers placing insurance through nonadmitted insurers may designate another surplus lines insurance producer that actually procured the insurance from the nonadmitted carrier to collect and remit the nonadmitted policy fees.
(5) Each insured in this state who directly procures or renews insurance with a nonadmitted insurer on properties, risks or exposures located or to be performed, in whole or in part, in this state, other than insurance procured through a surplus lines licensee, shall be subject to the nonadmitted policy fee which shall be paid by the insured according to the procedures provided for premium taxes in Section 83-21-17(5).
(6) Monies derived from the nonadmitted policy fee collected under this section shall not be considered public funds and may be used by the association, in addition to any uses provided for in Section 83-34-3(4), for education, public outreach, training of building officials and other programs targeted to reduce the number of policies within the association; however, beginning on July 1, 2018, and ending on June 30, 2019, before any fees are remitted to the association, One Million Five Hundred Thousand Dollars ($1,500,000.00) shall be diverted and deposited into the Capital Expense Fund, and Four Million Five Hundred Thousand Dollars ($4,500,000.00) shall be diverted and deposited into the Rural Fire Truck Fund or Supplementary Rural Fire Truck Fund. Further, beginning July 1, 2019, and ending on June 30, 2020, before any fees are remitted to the association, Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited into the Rural Fire Truck Fund or Supplementary Rural Fire Truck Fund. Further, beginning July 1, 2022, and ending on June 30, 2025, before any fees are remitted to the association but only if the association will receive at least sixty percent (60%) of the fees, Five Hundred Thousand Dollars ($500,000.00) shall be diverted and deposited annually into the Mississippi First Responders Health and Safety Trust Fund created in Section 25-15-411. Further, beginning July 1, 2022, and ending on June 30, 2025, but only if the association will receive at least sixty percent (60%) of the fees and the Mississippi First Responders Health and Safety Trust Fund has received the diversion of Five Hundred Thousand Dollars ($500,000.00), Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited annually into the Annual Fire Fund created in Section 17-23-21. Further, beginning July 1, 2022, and ending on June 30, 2025, after the association has received sixty percent (60%) of the fees and after all other diversions are made, fifty percent (50%) of any excess amount shall be remitted to the association and fifty percent (50%) of any excess amount shall be diverted and deposited annually into the Annual Fire Fund. Beginning July 1, 2025, and ending on June 30, 2026, (a) Five Hundred Thousand Dollars ($500,000.00) shall be diverted and deposited annually into the Mississippi First Responders Health and Safety Trust Fund created in Section 25-15-41; (b) Twelve Million Dollars ($12,000,000.00) shall be remitted annually to the association; and (c) any remaining excess amount shall be diverted and deposited annually as follows: forty percent (40%) into the Rural Fire Truck Fund created in Section 17-23-1; thirty percent (30%) into the Municipal Fire Protection Fund created in Section 83-1-37 and thirty percent (30%) into the County Volunteer Fire Department Fund created in Section 83-1-39. Beginning July 1, 2026, (a) Five Hundred Thousand Dollars ($500,000.00) shall be diverted and deposited annually into the Mississippi First Responders Health and Safety Trust Fund created in Section 25-15-41; (b) Twelve Million Dollars ($12,000,000.00) shall be remitted annually to the association; and (c) any remaining excess amount shall be diverted and deposited annually as follows: forty percent (40%) into the FIRE Grant Fund created in Section 2 of this act; thirty percent (30%) into the Municipal Fire Protection Fund created in Section 83-1-37 and thirty percent (30%) into the County Volunteer Fire Department Fund created in Section 83-1-39.
(7) The association may use excess funds to purchase reinsurance in an amount that may exceed the total premiums collected from policyholders.
FURTHER, AMEND by adding the following on line 113 before the period:
, and shall stand repealed from and after June 30, 2026
FURTHER, AMEND the title by inserting the following after the semicolon on line 5:
TO REQUIRE THE STATE FIRE MARSHAL AND THE MISSISSIPPI STATE RATING BUREAU TO ADHERE TO THE REQUIREMENTS OF SECTION 83-3-24, MISSISSIPPI CODE OF 1972, AS IT RELATES TO RECOMMENDING AGE RESTRICTIONS FOR FIRE APPARATUS AND THE REQUIREMENTS OF NFPA 1900 AS IT RELATES TO FIRE APPARATUS SERVICE AND MAINTENANCE AND PUMP REQUIREMENTS; TO CREATE THE FIRE GRANT FUND AS A SPECIAL FUND IN THE STATE TREASURY FOR THE PURPOSE OF ASSISTING COUNTIES AND MUNICIPALITIES WITH MEASURES AIMED AT IMPROVING FIRE SAFETY; TO REQUIRE ALL FUNDS FORMERLY CREDITED TO THE RURAL FIRE TRUCK FUND, THE RURAL FIRE TRUCK MATCHING ASSISTANCE FUND, THE SUPPLEMENTARY RURAL FIRE TRUCK FUND AND THE ANNUAL FIRE FUND TO BE PAID INTO THE FIRE GRANT FUND, AND TO REQUIRE THE TRANSFER OF BALANCES IN THOSE FUNDS TO THE FIRE GRANT FUND; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ADMINISTER THE FUND; TO ESTABLISH THE FIRE GRANT ADVISORY COMMITTEE FOR THE PURPOSE OF PROVIDING NONBINDING ADVICE TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION REGARDING THE ADMINISTRATION OF THE FIRE GRANT FUND AND THE AUTHORIZING AND AWARDING GRANTS FROM THE FIRE GRANT FUND; TO AUTHORIZE GRANTS TO BE AWARDED FOR FIRE TRUCKS, EQUIPMENT AND COUNTYWIDE FIRE PROGRAMS; TO REPEAL SECTION 17-23-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE RURAL FIRE TRUCK ACQUISITION ASSISTANCE PROGRAM; TO REPEAL SECTION 17-23-11, MISSISSIPPI CODE OF 1972, WHICH CREATES A SUPPLEMENTARY RURAL FIRE TRUCK ACQUISITION ASSISTANCE PROGRAM; TO REPEAL SECTION 17-23-21, MISSISSIPPI CODE OF 1972, WHICH CREATES THE ANNUAL FIRE FUND; TO AMEND SECTION 83-34-4, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS;
