Missouri Revised Statutes
Chapter 320 - Fire Protection
Section 320.094 - Fire education fund created, annual transfers — treasurer to administer fund — transfer from general revenue — fire education trust fund established, administration — appropriation to division of fire safety — fire education/advisor...

Effective - 28 Aug 2011
320.094. Fire education fund created, annual transfers — treasurer to administer fund — transfer from general revenue — fire education trust fund established, administration — appropriation to division of fire safety — fire education/advisory commission established, members, terms, compensation, meetings, duties. — 1. The state treasurer shall annually transfer an amount prescribed in subsection 2 of this section out of the state revenues derived from premium taxes levied on insurance companies pursuant to sections 148.310 to 148.461 which are deposited by the director of revenue in the general revenue fund pursuant to section 148.330 in a fund hereby created in the state treasury, to be known as the "Fire Education Fund". Any interest earned from investment of moneys in the fund, and all moneys received from gifts, grants, or other moneys appropriated by the general assembly, shall be credited to the fund. The state treasurer shall administer the fund, and the moneys in such fund shall be used solely as prescribed in this section. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fire education fund at the end of any biennium shall not be transferred to the credit of the general revenue fund.
2. Beginning July 1, 1998, three percent of the amount of premium taxes collected in the immediately preceding fiscal year pursuant to sections 148.310 to 148.461 which are deposited in the general revenue fund that exceeds the amount of premium taxes which were deposited in the general revenue fund in the 1997 fiscal year shall be transferred from the general revenue fund to the credit of the fire education fund. At the end of each fiscal year, the commissioner of administration shall determine the amount transferred to the credit of the fire education fund in each fiscal year by computing the premium taxes deposited in the general revenue fund in the prior fiscal year and comparing such amount to the amount of premium taxes deposited in the general revenue fund in the 1997 fiscal year. An amount equal to three percent of the increase computed pursuant to this section shall be transferred by the state treasurer to the credit of the fire education fund; however, such transfer in any fiscal year shall not exceed one million five hundred thousand dollars.
3. There is hereby established a special trust fund, to be known as the "Missouri Fire Education Trust Fund", which shall consist of all moneys collected per subsection 2 of this section transferred to the fund from the fire education fund pursuant to this subsection, any earnings resulting from the investment of moneys in the fund, and all moneys received from gifts, grants, or other moneys appropriated by the general assembly. Each fiscal year, an amount equal to forty percent of the moneys transferred to the fire education fund collected pursuant to subsection 2 of this section shall be transferred by the state treasurer to the credit of the Missouri fire education trust fund. The fund shall be administered by the Missouri fire safety education/advisory commission. Subject to appropriations, moneys in the fund shall be used solely for the purposes described in this section. Moneys shall accumulate in the trust fund until the earnings from investment of moneys in the fund can adequately support the activities described in this section, as determined by the commission. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the Missouri fire education trust fund at the end of any biennium shall not be transferred to the credit of the general revenue fund.
4. The moneys in the fire education fund shall be appropriated to the division of fire safety to coordinate education needs in cooperation with community colleges, colleges, regional training facilities, fire and emergency services training entities and universities of this state and shall provide training and continuing education to firefighters in this state relating to fire department operations and the personal safety of firefighters while performing fire department activities. Programs and activities funded under this subsection shall be approved by the Missouri fire safety education/advisory commission established in subsection 5 of this section. These funds shall primarily be used to provide field education throughout the state, with not more than two percent of funds under this subsection expended on administrative costs.
5. There is established the "Missouri Fire Safety Education/Advisory Commission", to be domiciled in the division of fire safety within the department of public safety. The commission shall be composed of nine members appointed by the governor with the advice and consent of the senate, consisting of two firefighters, with one serving as a volunteer of a recognized fire department and one serving as a full-time firefighter employed by a recognized fire department, two members shall be fire service training officers, one member shall be a person with expertise in fire investigation, one member shall be an insurer licensed to provide insurance coverage for losses due to fire, one member who provides fire safety appliances or equipment, one member who is serving as the chief of a recognized volunteer fire department, and one member serving as the full-time chief of a recognized paid fire department. No more than five members appointed by the governor shall be of the same political party. The terms of office for the members appointed by the governor shall be four years and until their successors are selected and qualified, except that, of those first appointed, two shall have a term of four years, two shall have a term of three years and one shall have a term of two years. There is no limitation on the number of terms an appointed member may serve. The governor may appoint a member for the remaining portion of the unexpired term created by a vacancy. The governor may remove any appointed member for cause. The members shall at their initial meeting select a chair. All members of the commission shall serve without compensation for their duties, but shall be reimbursed for necessary travel and other expenses incurred in the performance of their official duties. The commission shall meet at least quarterly at the call of the chair and shall review and determine appropriate programs and activities for which funds may be expended under subsection 4 of this section.
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(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, A.L. 2011 H.B. 464)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXI - Public Safety and Morals

Chapter 320 - Fire Protection

Section 320.010 - Proprietors of public buildings required to erect fire escapes — how constructed.

Section 320.020 - How erected and enclosed.

Section 320.030 - Number to each building.

Section 320.040 - Buildings to be equipped with fire escapes.

Section 320.050 - Penalties.

Section 320.060 - Duty of officers.

Section 320.070 - Doors to certain buildings to be hung, how.

Section 320.080 - Penalty.

Section 320.081 - Fire insurance company records to be furnished law enforcement officials, when.

Section 320.082 - Fire insurance companies to report suspected arson to prosecuting or circuit attorney — prosecutor to report to other authorized persons.

Section 320.083 - Law enforcement officials to furnish fire insurance companies with information regarding fire losses, when.

Section 320.085 - Immunity from civil or criminal actions for furnishing fire loss information in good faith — presumption — closed records.

Section 320.086 - Access to closed arrest records not authorized — attorney-client privilege not restricted or waived — health information, closed record.

Section 320.088 - Personal protective equipment, standards for purchasing.

Section 320.089 - Labeling requirement for personal protective equipment, violation, penalty.

Section 320.090 - Emergency services, contracts for mutual aid operative in disasters — requirements.

Section 320.091 - Donation of used personal protection equipment and clothing, immunity from liability, when, conditions.

Section 320.092 - Creates annual reporting requirements for certain tax credits.

Section 320.093 - Income tax credit for purchase of a dry fire hydrant or provision of water storage for dry hydrants, requirements, limitations and expiration date.

Section 320.094 - Fire education fund created, annual transfers — treasurer to administer fund — transfer from general revenue — fire education trust fund established, administration — appropriation to division of fire safety — fire education/advisor...

Section 320.095 - Water supply, access during emergencies for fire protection services, requirements — liability for damages.

Section 320.097 - Residency requirements prohibited, when.

Section 320.106 - Definitions.

Section 320.111 - Manufacture, distribution and sale, permit required — issuance, display of, duration — powers and duties of state fire marshal, inspections — fees — rights and obligations of permit holders — rules, procedure — penalty for violation...

Section 320.116 - Revocation and refusal of permits, when — illegal fireworks seized as contraband, return of, procedure, costs — review of action by state fire marshal, how.

Section 320.121 - Powers of cities and certain counties to regulate or prohibit fireworks.

Section 320.122 - Supremacy clause — regulation of fireworks (St. Louis County).

Section 320.126 - Special fireworks — possession and sale of limited, how, to whom — displays, financial responsibility, proof of — inspection of certain venues.

Section 320.131 - Possession, sale and use of certain fireworks prohibited — restrictions — label required — items not regulated.

Section 320.136 - Ground salutes, special type, prohibited.

Section 320.141 - Permissible items of consumer fireworks, how sold, when.

Section 320.146 - Display and storage of fireworks, restrictions on.

Section 320.151 - Sales to children, sales by children, unlawful, exceptions — exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited — certain restrictions — demonstrating and testing allowed, requirement...

Section 320.156 - Items and activities not subject to provisions of sections 320.106 to 320.161.

Section 320.161 - Penalty provisions.

Section 320.200 - Definitions.

Section 320.202 - Division of fire safety, created — duties of division and fire marshal — rulemaking authority.

Section 320.205 - Fire marshal, appointment, qualifications.

Section 320.210 - Employees, how appointed, qualifications.

Section 320.215 - Reimbursement of employees, expenses and equipment, state to furnish.

Section 320.220 - Special deputy, who eligible.

Section 320.225 - Investigator to have same powers as fire marshal, when.

Section 320.230 - Investigations conducted — cooperation with local officials required — may act as peace officers, when, qualifications.

Section 320.235 - Reports and records required — open to public, exceptions.

Section 320.240 - Property may be entered for investigation, when.

Section 320.245 - Subpoena powers — hearing, where conducted — fees for service of process and depositions.

Section 320.250 - Powers of political subdivisions not affected.

Section 320.255 - Salaries, expenses and costs, how paid.

Section 320.260 - Office space to be provided.

Section 320.265 - Appeals, how taken.

Section 320.271 - Information to be filed with fire marshal, by certain fire protection organizations — when — identification numbers.

Section 320.273 - Dry hydrant technical assistance program to be established — dry hydrant defined — purposes and goals of program.

Section 320.300 - Volunteer fire protection association, definition.

Section 320.302 - Nonmembers, association may respond to any emergency, exception — liabilities — fees.

Section 320.305 - Claim of loss, payment of claims to association, nonmember — violations, penalties.

Section 320.307 - Nonpayment of claim, association has cause of action, amount.

Section 320.310 - Boundaries, filing with county — sole providers, when.

Section 320.320 - Volunteer firefighters serving without wages, salary or certain other benefits, declared to be public safety officers of state — volunteer firefighters may receive certain benefits.

Section 320.330 - Citation of law.

Section 320.333 - Definitions.

Section 320.336 - Termination from employment prohibited, when — loss of pay permitted, when — written verification of service permitted — employer notification requirements.

Section 320.339 - Wrongful termination, cause of action permitted.

Section 320.350 - Title of law — definitions.

Section 320.353 - Cigarettes, testing requirements, standards — manufacturers to maintain copies of testing reports — state fire marshal may adopt subsequent standards, report required.

Section 320.356 - Testing verification reports, content — state fire marshal certification — fee — retesting required, when.

Section 320.359 - Compliance marking required, method of marking permitted — copy of certification to be provided to wholesalers, when.

Section 320.362 - Violations, penalties.

Section 320.365 - Rulemaking authority — department of revenue may inspect cigarettes for markings.

Section 320.368 - Enforcement procedures — authorization to examine records.

Section 320.371 - Fund created, use of moneys.

Section 320.374 - Sale of cigarettes outside state or United States, requirements not to apply — termination of requirements, when — state preemption.

Section 320.380 - Compliance with applicable laws required.

Section 320.400 - Cancer benefits pool — definitions — creation, employer contributions — benefits, amount — other payments, when — grants — effect on worker's compensation determinations.