18-04 Distribution of Insurance Tax to Fire Departments - North Dakota Statutes

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CHAPTER 18-04DISTRIBUTION OF INSURANCE TAX TO FIRE DEPARTMENTS18-04-01.Eligibility for participation in fund created from premium tax on fireinsurance companies. To become eligible for the benefits provided under this chapter, a city,
or one or more townships or fire districts, shall maintain therein for a period of at least eight
months before the filing of the certificate required under section 18-04-02 an organized fire
district or department which:1.Has been in actual existence for the period specified in this section;2.Meets the minimum requirements for class 9 protection or better; and3.Has been in compliance with the requirements to report fires as set forth in section
18-01-06.Change in a fire department's name, or incorporation into a fire district, must be deemed a waiver
of the eight-month waiting period for filing a certificate of existence under section 18-04-02.18-04-02. City auditor or secretary of rural fire department to file certificate withstate fire marshal and insurance commissioner. On or before the thirty-first day of October in
each year, the auditor or secretary of any city or rural fire department that has an organized fire
department shall file with the state fire marshal and with the insurance commissioner the
auditor's or secretary's certificate stating the existence of the fire department, the date of its
organization, the number of fire engines, hook and ladder trucks, and the system of water supply
in use by the department, with such other facts as the state fire marshal or commissioner may
require.18-04-03.Failure to file certificate deemed waiver - Exception.If the certificaterequired by section 18-04-02 is not filed with the office of management and budget and insurance
commissioner on or before the thirty-first day of October, the city or rural fire department failing to
file the same must be deemed to have waived and relinquished its right for such year to the
benefits of this chapter. If, however, the city or rural fire department has filed its certificate for
three successive years and has drawn money thereunder for such time, the certificate may be
filed at any time up to and including March first of the succeeding year without waiving the right to
the benefits provided in this chapter.18-04-04. Insurance companies to report fire, allied lines, homeowner's multipleperil, farmowner's multiple peril, and commercial multiple peril insurance premium
collections - Form furnished by insurance commissioner.The insurance commissioner,when the commissioner forwards to an insurance company which is issuing policies for fire, allied
lines, homeowner's multiple peril, farmowner's multiple peril, and commercial multiple peril
insurance in this state the form to be used in submitting its annual statement, shall forward a
form containing the names of all cities and all rural fire protection districts or rural fire
departments entitled to benefits under the provisions of this chapter. Every insurance company
issuing policies for fire, allied lines, homeowner's multiple peril, farmowner's multiple peril, and
commercial multiple peril insurance within this state shall complete such form by showing
thereon the amount of all premiums received by it upon such policies issued on property within
the corporate limits of each city shown on such form and on property within the boundaries of
each rural fire protection district shown on such form or property within the boundaries of each
rural fire department as certified by the state fire marshal during the year ending on the preceding
thirty-first day of December and shall file the same as a part of its annual statement.18-04-04.1. Insurance tax distribution fund. The insurance tax distribution fund is aspecial fund in the state treasury. The portion of revenue provided in section 26.1-03-17 must be
deposited in the fund for disbursement as provided in this chapter and chapter 23-40, subject to
legislative appropriation.Page No. 118-04-05. Amount due cities, rural fire protection districts, or rural fire departments- Payments by insurance commissioner.The insurance commissioner shall compute theamounts due to the city fire departments, certified rural fire departments, or fire protection
districts entitled to benefits under this chapter on or before October first of each year. The
insurance commissioner shall allocate one-half of the biennial legislative appropriation for
distribution under this section to each eligible city not within a fire protection district, each rural
fire protection district organized under this title, and each rural fire department certified by the
state fire marshal, and pay the amount allocated in September of each year. The allocation must
be made in proportion to the amount of insurance company premiums received by insurance
companies pursuant to section 26.1-03-17 for policies for fire, allied lines, homeowner's multiple
peril, farmowner's multiple peril, commercial multiple peril, and crop hail insurance on property
within the city, rural fire protection district, or area served by the certified rural fire department to
the total of those premiums for those policies in the state.18-04-06. Office of management and budget to issue warrants on state treasurerfor benefits. Repealed by S.L. 1971, ch. 230,