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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 38.2-401 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-401. Fire Programs Fund.
A. 1. There is hereby established in the state treasury a special nonreverting
fund to be known as the Fire Programs Fund which , hereinafter referred to as
"the Fund." The Fund shall be administered by the Department of Fire Programs
under policies and definitions established by the Virginia Fire Services Board.
The Fund, which includes grants noted herein, shall be created in the
state treasury as a special nonreverting fund and shall be established on the
books of the Comptroller. All moneys collected pursuant to the assessment made
by the Commission pursuant to subdivision 2 of this subsection shall be paid
into the state treasury and credited to the Fund. The Fund shall also consist
of any moneys appropriated thereto by the General Assembly and any grants or
other moneys received by the Virginia Fire Services Board or Department of Fire
Programs for the purposes set forth in this section. Any moneys deposited to or
remaining in such Fund during or at the end of each fiscal year or biennium,
including interest thereon, shall not revert to the general fund but shall
remain in the Fund. Moneys shall be deposited or transferred to the account as
collected by the State Corporation Commission and as coordinated with the
Department. Interest earned on all moneys in the Fund and interest earned on
moneys held by the Commission pursuant to subdivision 2 of this subsection prior to the
deposit of such moneys into the Fund, including interest earned on such moneys during any
period when the Commission is reconciling payments from insurers, shall remain
in or be deposited into the Fund, as the case may be, and be credited to it.
Interest earned from the Fund Such interest shall be set aside to be used
for fire service purposes as defined by in accordance with policies developed
by the Virginia Fire Services Board. The Fund shall consist of any moneys
appropriated for this purpose by the General Assembly and any other moneys received for
such purpose by the Board or Department. Notwithstanding any other provision of
law to the contrary, policies established by the Virginia Fire Services Board
for the administration of the Fund, and any grants provided from the Fund, that are not
inconsistent with the purposes set out in this section shall be binding upon any locality
that accepts such funds or related grants. The Commission shall be reimbursed
from the Fund for all expenses necessary for the administration of this section. The
balance of moneys in the Fund shall be allocated periodically as provided in this
section. Expenditures and disbursements from the Fund shall be made by the
State Treasurer on warrants issued by the Comptroller upon written request
signed by the Executive Director of the Department of Fire Programs or his
designee.
2. In order to maintain the Fund, The Commission shall annually assess against
all licensed insurance companies doing business in this Commonwealth by writing any type of insurance
as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those
combination policies as defined in § 38.2-1921 that contain insurance as
defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of
one percent of the total direct gross premium income for such insurance. Such assessment
shall be apportioned, assessed and paid as prescribed by § 38.2-403. In any
year in which a company has no direct gross premium income or in which its direct
gross premium income is insufficient to produce at the rate of assessment prescribed
by law an amount equal to or in excess of $100, there shall be so apportioned and
assessed against such company a contribution of $100. The Commission shall be
reimbursed from the Fund for all expenses necessary for the administration of this
section.
B. After reserving funds for the grants noted herein Fire Services Grant
Program and Dry Fire Hydrant Grant Program pursuant to subsection D,
seventy-five percent of the remaining amount collected annually pursuant to
this section moneys available for allocation from the Fund shall be allocated
to the several counties, cities and towns of the Commonwealth providing fire
service operations to be used for the improvement of volunteer and career fire
services in each of the receiving localities. Funds allocated to the counties,
cities and towns pursuant to this subsection shall not be used directly or
indirectly to supplant or replace any other funds appropriated by the counties,
cities and towns for fire service operations. Such funds shall be used solely
for the purposes of training volunteer or career firefighting personnel in each
of the receiving localities; funding fire prevention and public safety
education programs; constructing, improving and expanding regional or local
fire service training facilities; or for purchasing personal protective
equipment, vehicles, equipment and supplies for use in the receiving locality
specifically for fire service purposes. Notwithstanding any other provision of
the Code, when localities use such funds to construct, improve or expand fire
service training facilities, fire-related training provided at such training
facilities shall be by instructors certified or approved according to policies
developed by the Department of Fire Programs and approved by the Virginia Fire
Services Board. Distribution of this seventy-five percent of the Fund shall be made on the
basis of population as provided for in §§ 4.1-116 and 4.1-117; however, no
county or city eligible for such funds shall receive less than $10,000, nor eligible town
less than $4,000. In order to remain eligible for such funds, each receiving locality
shall report annually to the Department on the use of the funds allocated to it
for the previous year and shall provide a completed Fire Programs Fund
Disbursement Agreement form. Each receiving locality shall be responsible for
certifying the proper use of the funds. If, at the end of any annual reporting
period, a satisfactory report and a completed agreement form have not been
submitted by a receiving locality, any funds due to that locality for the next
year shall be retained until said documents are submitted to the Department.
C. The remainder of this the moneys available for allocation from the Fund
shall be used for the purposes of underwriting the costs of the operation of
carrying out the powers and duties assigned to the Department of Fire
Programs under Chapter 25 (§ 9-153 et seq.) of Title 9, which shall include
providing funded training and administrative support services for nonfunded training to
localities.
D. The Fire Services Grant Fund Program is hereby established and will be used
as grants to provide regional fire services training facilities, to finance the
Virginia Fire Incident Reporting System and to build or repair burn buildings
as determined by the Virginia Fire Services Board. Beginning January 1, 1996,
one million dollars from the assessments made pursuant to this section shall be
distributed each year for the Fire Services Grant Fund Program to be used as
herein provided, and $100,000 shall be distributed annually for continuing the statewide Dry Fire
Hydrant Grant Program. All grants provided from this Fund these programs shall
be administered by the Department according to the policies and procedures
established by the Virginia Fire Services Board.
E. Moneys in the Fund shall not be diverted or expended for any purpose not authorized by this section.