320.094. Fire education fund created, annual transfers--treasurer to administer fund--transfer from general revenue--fire education trust fund established, administration, board, members--appropriatio
Fire education fund created, annual transfers--treasurer toadminister fund--transfer from general revenue--fire education trustfund established, administration, board, members--appropriation todivision of fire safety--fire education commissionestablished, members, terms, compensation, meetings, duties.
320.094. 1. The state treasurer shall annually transfer an amountprescribed in subsection 2 of this section out of the state revenuesderived from premium taxes levied on insurance companies pursuant tosections 148.310 to 148.461, RSMo, which are deposited by the director ofrevenue in the general revenue fund pursuant to section 148.330, RSMo, in afund hereby created in the state treasury, to be known as the "FireEducation Fund". Any interest earned from investment of moneys in thefund, and all moneys received from gifts, grants, or other moneysappropriated by the general assembly, shall be credited to the fund. Thestate treasurer shall administer the fund, and the moneys in such fundshall be used solely as prescribed in this section. Notwithstanding theprovisions of section 33.080, RSMo, to the contrary, moneys in the fireeducation fund at the end of any biennium shall not be transferred to thecredit of the general revenue fund.
2. Beginning July 1, 1998, three percent of the amount of premiumtaxes collected in the immediately preceding fiscal year pursuant tosections 148.310 to 148.461, RSMo, which are deposited in the generalrevenue fund that exceeds the amount of premium taxes which were depositedin the general revenue fund in the 1997 fiscal year shall be transferredfrom the general revenue fund to the credit of the fire education fund. Atthe end of each fiscal year, the commissioner of administration shalldetermine the amount transferred to the credit of the fire education fundin each fiscal year by computing the premium taxes deposited in the generalrevenue fund in the prior fiscal year and comparing such amount to theamount of premium taxes deposited in the general revenue fund in the 1997fiscal year. An amount equal to three percent of the increase computedpursuant to this section shall be transferred by the state treasurer to thecredit of the fire education fund; however, such transfer in any fiscalyear shall not exceed one million five hundred thousand dollars.
3. There is hereby established a special trust fund, to be known asthe "Missouri Fire Education Trust Fund", which shall consist of all moneyscollected per subsection 2 of this section transferred to the fund from thefire education fund pursuant to this subsection, any earnings resultingfrom the investment of moneys in the fund, and all moneys received fromgifts, grants, or other moneys appropriated by the general assembly. Eachfiscal year, an amount equal to forty percent of the moneys transferred tothe fire education fund collected pursuant to subsection 2 of this sectionshall be transferred by the state treasurer to the credit of the Missourifire education trust fund. The fund shall be administered by a board oftrustees, consisting of the state treasurer, two members of the senateappointed by the president pro tem of the senate, two members of the houseof representatives appointed by the speaker of the house, and two membersappointed by the governor with the advice and consent of the senate. Anymember appointed due to such person's membership in the senate or house ofrepresentatives shall serve only as long as such person holds the officereferenced in this section. The state treasurer shall invest moneys in thefund in a manner as provided by law. Subject to appropriations, moneys inthe fund shall be used solely for the purposes described in this section,but such appropriations shall be made only if the board recommends to thegeneral assembly that such moneys are needed in that fiscal year toadequately fund the activities described in this section. Moneys shallaccumulate in the trust fund until the earnings from investment of moneysin the fund can adequately support the activities described in thissection, as determined by the board. At such time, the board may recommendthat the general assembly adjust or eliminate the funding mechanismdescribed in this section. Notwithstanding the provisions of section33.080, RSMo, to the contrary, moneys in the Missouri fire education trustfund at the end of any biennium shall not be transferred to the credit ofthe general revenue fund.
4. The moneys in the fire education fund, after any distributionpursuant to subsection 3 of this section, shall be appropriated to thedivision of fire safety to coordinate education needs in cooperation withcommunity colleges, colleges, regional training facilities, fire andemergency services training entities and universities of this state andshall provide training and continuing education to firefighters in thisstate relating to fire department operations and the personal safety offirefighters while performing fire department activities. Programs andactivities funded under this subsection must be approved by the Missourifire education commission established in subsection 5 of this section.These funds shall primarily be used to provide field education throughoutthe state, with not more than two percent of funds under this subsectionexpended on administrative costs.
5. There is established the "Missouri Fire Education Commission", tobe domiciled in the division of fire safety within the department of publicsafety. The commission shall be composed of five members appointed by thegovernor with the advice and consent of the senate, consisting of onefirefighter serving as a volunteer of a volunteer fire protectionassociation, one full-time firefighter employed by a recognized firedepartment or fire protection district, one firefighter training officer,one person serving as the chief of a volunteer fire protection association,and one chief fire officer from a recognized fire department or fireprotection district. No more than three members appointed by the governorshall be of the same political party. The terms of office for the membersappointed by the governor shall be four years and until their successorsare selected and qualified, except that, of those first appointed, twoshall have a term of four years, two shall have a term of three years andone shall have a term of two years. There is no limitation on the numberof terms an appointed member may serve. The governor may appoint a memberfor the remaining portion of the unexpired term created by a vacancy. Thegovernor may remove any appointed member for cause. The members shall attheir initial meeting select a chair. All members of the commission shallserve without compensation for their duties, but shall be reimbursed fornecessary travel and other expenses incurred in the performance of theirofficial duties. The commission shall meet at least quarterly at the callof the chair and shall review and determine appropriate programs andactivities for which funds may be expended under subsection 4 of thissection.
(L. 1995 H.B. 452, et al. § 2, A.L. 1996 S.B. 874, A.L. 1998 H.B. 1588 merged with S.B. 898, A.L. 2003 H.B. 521, A.L. 2004 S.B. 1196)