HF 1727

as introduced - 88th Legislature (2013 - 2014) Posted on 04/08/2013 02:49pm

A bill for an act
relating to transportation; providing for reimbursement of fire department services
on certain trunk highways; amending Minnesota Statutes 2012, section 161.465.

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

Section 1.

Minnesota Statutes 2012, section 161.465, is amended to read:

161.465 REIMBURSEMENT FOR FIRE SERVICES.

(a) 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. The commissioner of transportation shall take action
practicable to secure reimbursement to the trunk highway fund of money expended under
this section from the person, firm, or corporation responsible for the fire or danger of fire.

(b) new text begin The commissioner shall reimburse a fire department in an amount up to $500 if:
new text end

new text begin (1) the fire department incurs costs for a response on an Interstate highway;
new text end

new text begin (2) the response is located within a town, or within a statutory or home rule charter
city having a population under 5,000; and
new text end

new text begin (3) the fire department submits written proof to the commissioner that the fire
department has made a reasonable effort to collect for the costs of the response from the
insurer of the person for whom the response was provided, or from the person for whom
the response was provided.
new text end

new text begin (c) A fire department may attempt to collect costs of the response from a person only
if the department is unsuccessful in its efforts to collect from the person's insurer or if the
person has no insurer. If a department collects costs after the commissioner reimburses the
fire department under paragraph (b), the fire department shall provide the amount collected
to the commissioner, up to the amount of reimbursement.
new text end

new text begin (d) new text end 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 right-of-way.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end