HF 210

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; providing reimbursement
to fire departments for expenses incurred in
extinguishing certain motor vehicle fires; providing
cities and towns authority to collect unpaid bills for
certain emergency services from nonresidents;
appropriating money; amending Minnesota Statutes 2004,
sections 161.465; 366.011; 366.012.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 161.465, is
amended to read:

161.465 REIMBURSEMENT FOR FIRE SERVICES.

deleted text begin (a) deleted text end new text begin Subdivision 1. new text end [GRASS FIRES.] Ordinary expenses
incurred by a municipal or volunteer fire department in
extinguishing a grass fire within the right-of-way of a trunk
highway must be reimbursed upon certification to the
commissioner of transportation from the trunk highway fund. In
addition, ordinary expenses incurred by a municipal or volunteer
fire department in extinguishing a fire outside the right-of-way
of any trunk highway if the fire originated within the
right-of-way, upon approval of a police officer or an officer or
employee of the Department of Public Safety must, upon
certification to the commissioner of transportation by the
proper official of the municipality or fire department within 60
days after the completion of the service, be reimbursed to the
municipality or fire department from funds in the trunk highway
fund.

new text begin Subd. 2. new text end

new text begin Motor vehicle fires. new text end

new text begin Ordinary expenses incurred
by a municipal or volunteer fire department in extinguishing a
motor vehicle fire within the right-of-way of a trunk highway or
interstate, to the extent these expenses are not reimbursed by
insurance, some other reasonable method of reimbursement, or
collected in accordance with section 366.012, may be reimbursed
by the commissioner from the motor vehicle fire revolving
account in the general fund up to $300 per fire call upon
certification to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Fund reimbursement. new text end

The commissioner of
transportation shall take action practicable to secure
reimbursement to the trunk highway fund new text begin or to the general fund
new text end of money expended under this section from the person, firm, or
corporation responsible for the fire or danger of fire. new text begin A motor
vehicle fire revolving account is created in the general fund.
The commissioner shall deposit into the account all money
received by the commissioner in reimbursements from persons,
firms, or corporations for costs of extinguishing motor vehicle
fires within trunk highway rights-of-way. Money in the account
is appropriated to the commissioner for the purpose of making
reimbursements to municipal or volunteer fire departments under
subdivision 2.
new text end

deleted text begin (b) deleted text end new text begin Subd. 4. new text end [NO ADMISSION OF LIABILITY.] The provisions
of this section shall not be construed to admit state liability
for damage or destruction to private property or for injury to
persons resulting from a fire originating within a trunk highway
new text begin or interstate new text end right-of-way.

Sec. 2.

Minnesota Statutes 2004, section 366.011, is
amended to read:

366.011 CHARGES FOR EMERGENCY SERVICES; COLLECTION.

A town may impose a reasonable service charge for emergency
services, including fire, rescue, medical, and related services
provided by the town or contracted for by the town. If the
service charge remains unpaid 30 days after a notice of
delinquency is sent to the recipient of the service or the
recipient's representative or estate, the town or its contractor
on behalf of the town may use any lawful means allowed to a
private party for the collection of an unsecured delinquent
debt. The town may also use the authority of section 366.012 to
collect unpaid service charges of this kind from delinquent
recipients of services deleted text begin who are owners of taxable real property
in the town deleted text end .

The powers conferred by this section are in addition and
supplemental to the powers conferred by any other law for a town
to impose a service charge or assessment for a service provided
by the town or contracted for by the town.

Sec. 3.

Minnesota Statutes 2004, section 366.012, is
amended to read:

366.012 COLLECTION OF UNPAID SERVICE CHARGES.

If a town is authorized to impose a service charge deleted text begin on the
owner, lessee, or occupant of property, or any of them, deleted text end for a
governmental service provided by the town, the town board may
certify to the county auditor new text begin of the county in which the
recipient of the services owns real property new text end , on or before
October 15 for each year, any unpaid service charges which shall
then be collected together with property taxes levied against
the property. new text begin The county auditor shall remit to the town all
service charges collected by the auditor on behalf of the town.
Charges collected under this section for motor vehicle fires, as
provided by section 161.465, subdivision 2, shall not exceed the
amount authorized in that subdivision, but a town may recover
expenses incurred for extinguishing a motor vehicle fire in
excess of that amount by any other authorized method. new text end A charge
may be certified to the auditor only if, on or before September
15, the town has given written notice to the property owner of
its intention to certify the charge to the auditor. The service
charges shall be subject to the same penalties, interest, and
other conditions provided for the collection of property taxes.
This section is in addition to other law authorizing the
collection of unpaid costs and service charges.