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HF 2079

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

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/23/2005

Current Version - as introduced

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A bill for an act
relating to public safety; establishing the fire
safety surcharge on fire premiums and assessments;
abolishing fire insurance tax; proposing coding for
new law in Minnesota Statutes, chapter 299F; repealing
Minnesota Statutes 2004, section 297I.05, subdivision
6.

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

Section 1.

new text begin [299F.012] FIRE SAFETY PROGRAM; INSURANCE
SURCHARGE, ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Insurance surcharge. new text end

new text begin Each insurer engaged
in writing policies covering fire risks or fire insurance shall
collect an annual surcharge, at the rate of $5 per residential
property coverage policy and $55 per commercial or business
policy on each policy issued or renewed in this state. The
surcharge may not be considered premium for any purpose,
including the computation of premium tax or agents'
commissions. The amount of the surcharge must be separately
stated on either a billing or policy declaration sent to an
insured. Insurers shall remit the revenue derived from this
surcharge at least quarterly to the commissioner of public
safety for deposit in the fire safety account.
new text end

new text begin Subd. 2. new text end

new text begin Fire safety account. new text end

new text begin A special account, to be
known as the fire safety account, is created in the state
treasury. The account consists of the proceeds of the surcharge
imposed under subdivision 1. Of the revenue in the account,
$250,000 each year must be transferred to the general fund to
offset the cost of collecting and transferring the funds; 70
percent of the revenue over $250,000 must be transferred to the
Division of Fire Marshal in the Department of Public Safety to
be used for programs identified in subdivision 3; and 30 percent
of the revenues over $250,000 must be transferred to the
commissioner of public safety to be disbursed for training and
education programs identified in subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Authorized programs within division of fire
marshal.
new text end

new text begin The Department of Public Safety, through its Division
of Fire Marshal, may expend funds from the revenues collected
under this section for the operation of the division in
conducting the duties identified in this chapter. In addition
to these programs, revenues may be used for the state hazardous
materials response team program; state structural collapse team
funding; national incident management system implementation
assistance for local government; the public safety officer's
survivor benefits program under sections 299A.41 to 299A.47; the
critical incident stress management response program in
coordination with the Minnesota Police and Peace Officers
Association, Minnesota Ambulance Association, and Fire Services
Joint Council; the fire service foundation memorial; and public
education or public service promotions regarding highway safety
around emergency scenes.
new text end

new text begin Subd. 4. new text end

new text begin Authorized programs for fire training and
education.
new text end

new text begin The commissioner of public safety may expend funds
from the surcharge collected under this section as follows:
new text end

new text begin (1) up to a maximum of five percent for administrative
costs;
new text end

new text begin (2) for reimbursing fire departments of local units of
government for costs of training and training materials;
new text end

new text begin (3) for developing and distributing special training
programs that are not normally available through other
reasonable means; and
new text end

new text begin (4) up to a maximum of 30 percent for special needs of fire
departments of local units of government related to fire
training and education.
new text end

new text begin Subd. 5. new text end

new text begin Carryover. new text end

new text begin Any funds not spent in a fiscal year
must be reported to the chairs of the committees of the house of
representatives and senate having jurisdiction over public
safety finance. Money in the fund does not cancel but remains
available for expenditure for the programs identified in
subdivisions 3 and 4.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 297I.05, subdivision 6, is
repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective July 1, 2005, for policies written
or renewed on or after that date.
new text end