Funding of commission — distribution of funds.

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Effective - 28 Aug 1992

292.604. Funding of commission — distribution of funds. — 1. The duties and the responsibilities of the commission and department under sections 292.600 to 292.625 shall be funded by the chemical emergency preparedness fund and general revenue upon appropriation.

2. Such appropriations shall be distributed as follows:

(1) Sixty-five percent of the funds collected under subsection 2 of section 292.606 shall be provided to the local emergency planning committees for their responsibilities under sections 292.600 to 292.625 and the federal act as follows:

(a) Of the sixty-five percent provided in subdivision (1) of this subsection, one-third shall be equally distributed annually to each local emergency planning committee through the governing body of each county or a city not within a county or any city with a population greater than four hundred thousand and located in more than one county;

(b) Two-thirds shall be distributed to the local emergency planning committees through the county governing body or any city not within a county or any city with a population greater than four hundred thousand and located in more than one county, based on the number of facilities identified with hazardous chemicals as defined in section 311(e) of the federal act; and on the presence of highways, railroads, pipelines and other pertinent entities as the commission and the department may determine;

(c) When a local emergency planning district has been formed the moneys distributed under paragraphs (a) and (b) of this subdivision to any county governing body or any city not within a county or any city with a population greater than four hundred thousand, located in more than one county which is a part of a district shall immediately transfer such funds to the district committee;

(d) Funds provided to local emergency planning committees under this section shall be used for purposes specified by the commission and the department for carrying out the purposes of sections 292.600 to 292.625 and the federal act. Use of such funds for purposes other than those specified can result in refusal to provide additional funds to that jurisdiction. The commission and the department may recover, by appropriate legal means, any funds spent inconsistent with the grant or contract under which such funds were provided;

(2) Twenty-five percent of the funds collected under subsection 2 of section 292.606 shall be available to carry out the responsibilities of the commission and the department under sections 292.600 to 292.625 and the federal act;

(3) Ten percent of the funds collected under subsection 2 of section 292.606 shall be distributed to the division of fire safety in the department of public safety to be used for hazardous materials training courses to carry out the provisions of sections 292.600 to 292.625. Training programs provided under this subsection shall be reviewed by the commission.

3. Fees collected by the commission under section 292.606 shall be placed in the chemical emergency preparedness fund to carry out the responsibilities of the commission and the department under sections 292.600 to 292.625 and the federal act.

4. Private donations, federal grants, contracts, interest accruing to the fund, and other funds shall be administered by the department in conjunction with the commission for purposes of chemical emergency preparedness as specified in sections 292.600 to 292.625 and the federal act.

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(L. 1989 H.B. 77, et al., A.L. 1992 S.B. 480)


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