Bill Text: MS HB638 | 2013 | Regular Session | Introduced
Bill Title: State property; create Business Property Insurance Fund & authorize fund transfers into for insurance matters.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB638 Detail]
Download: Mississippi-2013-HB638-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Appropriations
By: Representatives Frierson, Weathersby
House Bill 638
AN ACT TO AMEND SECTION 29-13-1, MISSISSIPPI CODE OF 1972, TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE BUSINESS PROPERTY INSURANCE FUND; TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO REQUISITION FUNDS FOR THE BUSINESS PROPERTY INSURANCE FUND FROM THE WORKING CASH-STABILIZATION FUND WHEN HE DETERMINES THAT FUNDS ARE IMMEDIATELY NEEDED TO PROVIDE FOR INSURANCE POLICY DEDUCTIBLES OR ANY OTHER RELATED MATTER REGARDING INSURANCE ON STATE-OWNED BUILDINGS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-13-1, Mississippi Code of 1972, is amended as follows:
29-13-1. (1) The Department of Finance and Administration ("department") shall purchase and maintain business property insurance and business personal property insurance on all state-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The department is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The department is authorized to enter into agreements with other state agencies, local school districts, community/junior college districts, state institutions of higher learning and community hospitals to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(2) The Department of Finance and Administration is required to purchase and maintain flood insurance under the National Flood Insurance Program (42 USCS, Section 4001 et seq.) as required by federal law on state-owned buildings and/or contents. To meet the requirements of participation in such program, the department is further required to adopt floodplain management criteria and procedures in accordance with the rules and regulations of 24 CFR, Chapter X, Subchapter B (National Flood Insurance Program), established by the United States Department of Housing and Urban Development pursuant to the National Flood Insurance Act of 1968 (Public Law 90-448) as amended and by the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended, and any supplemental changes to such rules and regulations. The department shall adopt the floodplain management criteria set forth in 24 CFR, Chapter X, Section 1910.3, on an emergency basis immediately upon passage of this chapter and until such time as final regulations and criteria are developed by the department. Final regulations, criteria and procedures shall be implemented by the department within ninety (90) days after passage of this chapter. Such criteria and procedures shall apply to any new construction or substantial improvement of state-owned buildings and other state-owned development located in floodplain areas as identified in conjunction with the National Flood Insurance Program. The department shall enforce the floodplain management criteria and procedures adopted by the department pursuant to this section.
(3) No state agency shall be authorized to expend any state, federal or special funds for the construction, renovation, repair or placement of any structure in a designated floodplain, floodway or coastal high hazard area, or to allow for the construction, renovation, repair or placement of any privately owned structure onto state-owned land in a designated floodplain, floodway or coastal high hazard area unless such agency has previously obtained the necessary permits required by the Department of Finance and Administration to comply with the regulations of the Federal Emergency Management Agency (FEMA), National Flood Insurance Program and the state's floodplain management regulations.
(4) There is created in
the State Treasury a special fund, separate and apart from any other fund, to
be designated the Business Property Insurance Fund. The Business Property
Insurance Fund shall not be considered as a surplus or available funds when
adopting a balanced budget as required by law.
(5) Whenever the Executive Director of the Department of Finance
and Administration determines that funds are immediately needed in the Business
Property Insurance Fund to provide for insurance policy deductibles or any
other insurance related matter governed under this chapter, he shall ascertain
whether the amount is available in the Working Cash-Stabilization Fund, and if
available, shall requisition the amount of funds from the Working Cash-Stabilization
Fund that are needed for the Business Property Insurance Fund, which shall be
subject to the limitations set forth below in this subsection. At the same
time he makes the requisition, the executive director shall notify the
Lieutenant Governor, the Speaker of the House of Representatives and the
respective Chairmen of the Senate Appropriations Committee, the Senate Finance
Committee, the House Appropriations Committee and the House Ways and Means
Committee of his determination of the need for the funds and the amount that he
has requisitioned. If the amount that is needed for the Business Property
Insurance Fund is more than the amount available in the Working Cash-Stabilization
Fund or above the limitations set forth below in this subsection, the executive
director shall transfer the amount that is available within the limitations.
The maximum amount that may be transferred from the Working Cash-Stabilization
Reserve Fund as allowed in 27-103-203 to the Business Property Insurance Fund
for any one (1) insurance claim/loss shall be Two Hundred Fifty Thousand
Dollars ($250,000.00) and the maximum amount that may be transferred for that
purpose during any fiscal year shall be Five Hundred Thousand Dollars
($500,000.00).
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
