SF 78

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to local government; providing reimbursement 
  1.3             to fire departments for expenses incurred in 
  1.4             extinguishing certain motor vehicle fires; providing 
  1.5             cities and towns authority to collect unpaid bills for 
  1.6             certain emergency services from nonresidents; 
  1.7             appropriating money; amending Minnesota Statutes 2002, 
  1.8             sections 161.465; 366.011; 366.012. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 161.465, is 
  1.11  amended to read: 
  1.12     161.465 [REIMBURSEMENT FOR FIRE SERVICES.] 
  1.13     (a) Subdivision 1.  [GRASS FIRES.] Ordinary expenses 
  1.14  incurred by a municipal or volunteer fire department in 
  1.15  extinguishing a grass fire within the right-of-way of a trunk 
  1.16  highway must be reimbursed upon certification to the 
  1.17  commissioner of transportation from the trunk highway fund.  In 
  1.18  addition, ordinary expenses incurred by a municipal or volunteer 
  1.19  fire department in extinguishing a fire outside the right-of-way 
  1.20  of any trunk highway if the fire originated within the 
  1.21  right-of-way, upon approval of a police officer or an officer or 
  1.22  employee of the department of public safety must, upon 
  1.23  certification to the commissioner of transportation by the 
  1.24  proper official of the municipality or fire department within 60 
  1.25  days after the completion of the service, be reimbursed to the 
  1.26  municipality or fire department from funds in the trunk highway 
  1.27  fund.  
  2.1      Subd. 2.  [MOTOR VEHICLE FIRES.] Ordinary expenses incurred 
  2.2   by a municipal or volunteer fire department in extinguishing a 
  2.3   motor vehicle fire within the right-of-way of a trunk highway or 
  2.4   interstate, to the extent these expenses are not reimbursed by 
  2.5   insurance, some other reasonable method of reimbursement, or 
  2.6   collected in accordance with section 366.012, may be reimbursed 
  2.7   by the commissioner from the motor vehicle fire revolving 
  2.8   account in the general fund up to $300 per fire call upon 
  2.9   certification to the commissioner. 
  2.10     Subd. 3.  [FUND REIMBURSEMENT.] The commissioner of 
  2.11  transportation shall take action practicable to secure 
  2.12  reimbursement to the trunk highway fund or to the general fund 
  2.13  of money expended under this section from the person, firm, or 
  2.14  corporation responsible for the fire or danger of fire.  A motor 
  2.15  vehicle fire revolving account is created in the general fund.  
  2.16  The commissioner shall deposit into the account all money 
  2.17  received by the commissioner in reimbursements from persons, 
  2.18  firms, or corporations for costs of extinguishing motor vehicle 
  2.19  fires within trunk highway rights-of-way.  Money in the account 
  2.20  is appropriated to the commissioner for the purpose of making 
  2.21  reimbursements to municipal or volunteer fire departments under 
  2.22  subdivision 2. 
  2.23     (b) Subd. 4.  [NO ADMISSION OF LIABILITY.] The provisions 
  2.24  of this section shall not be construed to admit state liability 
  2.25  for damage or destruction to private property or for injury to 
  2.26  persons resulting from a fire originating within a trunk highway 
  2.27  or interstate right-of-way. 
  2.28     Sec. 2.  Minnesota Statutes 2002, section 366.011, is 
  2.29  amended to read: 
  2.30     366.011 [CHARGES FOR EMERGENCY SERVICES; COLLECTION.] 
  2.31     A town may impose a reasonable service charge for emergency 
  2.32  services, including fire, rescue, medical, and related services 
  2.33  provided by the town or contracted for by the town.  If the 
  2.34  service charge remains unpaid 30 days after a notice of 
  2.35  delinquency is sent to the recipient of the service or the 
  2.36  recipient's representative or estate, the town or its contractor 
  3.1   on behalf of the town may use any lawful means allowed to a 
  3.2   private party for the collection of an unsecured delinquent 
  3.3   debt.  The town may also use the authority of section 366.012 to 
  3.4   collect from recipients of services the delinquent unpaid 
  3.5   service charges of this kind from delinquent recipients of 
  3.6   services who are owners of taxable real property in the town. 
  3.7      The powers conferred by this section are in addition and 
  3.8   supplemental to the powers conferred by any other law for a town 
  3.9   to impose a service charge or assessment for a service provided 
  3.10  by the town or contracted for by the town. 
  3.11     Sec. 3.  Minnesota Statutes 2002, section 366.012, is 
  3.12  amended to read: 
  3.13     366.012 [COLLECTION OF UNPAID SERVICE CHARGES.] 
  3.14     If a town is authorized to impose a service charge on the 
  3.15  owner, lessee, or occupant of property, or any of them, for a 
  3.16  governmental service provided by the town, the town board may 
  3.17  certify to the county auditor of the county in which the 
  3.18  recipient of the services owns real property, on or before 
  3.19  October 15 for each year, any unpaid service charges which shall 
  3.20  then be collected together with property taxes levied against 
  3.21  the property.  The county auditor shall remit to the town all 
  3.22  service charges collected by the auditor on behalf of the town.  
  3.23  Charges collected under this section for motor vehicle fires, as 
  3.24  provided by section 161.465, subdivision 2, shall not exceed the 
  3.25  amount authorized in that subdivision, but a town may recover 
  3.26  expenses incurred for extinguishing a motor vehicle fire in 
  3.27  excess of that amount by any other authorized method.  A charge 
  3.28  may be certified to the auditor only if, on or before September 
  3.29  15, the town has given written notice to the property owner of 
  3.30  its intention to certify the charge to the auditor.  The service 
  3.31  charges shall be subject to the same penalties, interest, and 
  3.32  other conditions provided for the collection of property taxes.  
  3.33  This section is in addition to other law authorizing the 
  3.34  collection of unpaid costs and service charges.