A. 1. There is hereby established in the state treasury a specialnonreverting fund to be known as the Fire Programs Fund, hereinafter referredto as "the Fund." The Fund shall be administered by the Department of FirePrograms under policies and definitions established by the Virginia FireServices Board. All moneys collected pursuant to the assessment made by theCommission pursuant to subdivision 2 of this subsection shall be paid intothe state treasury and credited to the Fund. The Fund shall also consist ofany moneys appropriated thereto by the General Assembly and any grants orother moneys received by the Virginia Fire Services Board or Department ofFire Programs for the purposes set forth in this section. Any moneysdeposited to or remaining in such Fund during or at the end of each fiscalyear or biennium, including interest thereon, shall not revert to the generalfund but shall remain in the Fund. Interest earned on all moneys in the Fundand interest earned on moneys held by the Commission pursuant to subdivision2 of this subsection prior to the deposit of such moneys into the Fund,including interest earned on such moneys during any period when theCommission is reconciling payments from insurers, shall remain in or bedeposited into the Fund, as the case may be, and be credited to it. Suchinterest shall be set aside for fire service purposes in accordance withpolicies developed by the Virginia Fire Services Board. Notwithstanding anyother provision of law to the contrary, policies established by the VirginiaFire Services Board for the administration of the Fund, and any grantsprovided from the Fund, that are not inconsistent with the purposes set outin this section shall be binding upon any locality that accepts such funds orrelated grants. The Commission shall be reimbursed from the Fund for allexpenses necessary for the administration of this section. The balance ofmoneys in the Fund shall be allocated periodically as provided in thissection. Expenditures and disbursements from the Fund shall be made by theState Treasurer on warrants issued by the Comptroller upon written requestsigned by the Executive Director of the Department of Fire Programs(Director) or his designee.
2. The Commission shall annually assess against all licensed insurancecompanies doing business in the Commonwealth by writing any type of insuranceas defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 andthose combination policies as defined in § 38.2-1921 that contain insuranceas defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amountof 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 incomeor in which its direct gross premium income is insufficient to produce at therate of assessment prescribed by law an amount equal to or in excess of $100,there shall be so apportioned and assessed against such company acontribution of $100.
B. After reserving funds for the Fire Services Grant Program and Dry FireHydrant Grant Program pursuant to subsection D, 75 percent of the remainingmoneys available for allocation from the Fund shall be allocated to theseveral counties, cities and towns of the Commonwealth providing fire serviceoperations to be used for the improvement of volunteer and career fireservices in each of the receiving localities. Funds allocated to thecounties, cities and towns pursuant to this subsection shall not be useddirectly or indirectly to supplant or replace any other funds appropriated bythe counties, cities and towns for fire service operations. Such funds shallbe used solely for the purposes of training volunteer or career firefightingpersonnel in each of the receiving localities; funding fire prevention andpublic safety education programs; constructing, improving and expandingregional or local fire service training facilities; purchasing emergencymedical care and equipment for fire personnel; payment of personnel costsrelated to fire and medical training for fire personnel; or for purchasingpersonal protective equipment, vehicles, equipment and supplies for use inthe receiving locality specifically for fire service purposes.Notwithstanding any other provision of the Code, when localities use suchfunds to construct, improve or expand fire service training facilities,fire-related training provided at such training facilities shall be byinstructors certified or approved according to policies developed by theVirginia Fire Services Board. Distribution of this 75 percent of the Fundshall be made on the basis of population as provided for in §§ 4.1-116 and4.1-117; however, no county or city eligible for such funds shall receiveless than $10,000, nor eligible town less than $4,000. The Virginia FireServices Board shall be authorized to exceed allocations of $10,000 foreligible counties and cities and $4,000 for eligible towns, respectively.Allocations to counties, cities, and towns receiving such allocations shallbe fair and equitable as set forth in Board policy. Any increases ordecreases in such allocations shall be uniform for all localities. In orderto remain eligible for such funds, each receiving locality shall reportannually to the Department on the use of the funds allocated to it for theprevious year and shall provide a completed Fire Programs Fund DisbursementAgreement form. Each receiving locality shall be responsible for certifyingthe proper use of the funds. If, at the end of any annual reporting period, asatisfactory report and a completed agreement form have not been submitted bya receiving locality, any funds due to that locality for the next year shallnot be retained. Such funds shall be added to the 75 percent of the Fundallocated to the counties, cities, and towns of the Commonwealth forimprovement of fire services in localities.
C. The remainder of the moneys available for allocation from the Fund shallbe used for (i) the purposes of carrying out the powers and duties assignedto the Department of Fire Programs under Chapter 2 (§ 9.1-200) of Title 9.1,which shall include providing funded training and administrative supportservices for nonfunded training to localities and (ii) the payment of thecompensation and costs of expenses of the members of the Fire Services Boardin performing their official duties; however, the Fund shall not be used forsalaries or operating expenses associated with the Office of the State FireMarshal.
D. The Fire Services Grant Program is hereby established and will be used asgrants to provide regional fire services training facilities, to finance theVirginia Fire Incident Reporting System and to build or repair burn buildingsas determined by the Virginia Fire Services Board. Beginning January 1, 1996,$1 million from the assessments made pursuant to this section shall bedistributed each year for the Fire Services Grant Program to be used asherein provided, and $100,000 shall be distributed annually for continuingthe statewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant tothis subsection shall be used for the purposes stated in this subsection, andfor no other purpose. All grants provided from these programs shall beadministered by the Department according to the policies established by theVirginia Fire Services Board.
E. Moneys in the Fund shall not be diverted or expended for any purpose notauthorized by this section.
F. The Director shall establish written standards for determining the extentto which clients outside the Commonwealth shall be financially responsiblefor the cost of fire and emergency services training provided by theDepartment of Fire Programs. Revenues generated by such training shall beretained in the Fire Programs Fund and may be used solely for providingadditional funded direct training to members of Virginia's fire and emergencyservices.
(1985, c. 545, § 38.1-44.1; 1986, cc. 60, 562; 1988, c. 336; 1995, cc. 615,637; 1997, c. 791; 1998, cc. 166, 877; 2000, c. 820; 2001, cc. 397, 413;2002, c. 389; 2004, c. 164; 2006, cc. 58, 322; 2007, cc. 647, 741.)
A. 1. There is hereby established in the state treasury a specialnonreverting fund to be known as the Fire Programs Fund, hereinafter referredto as "the Fund." The Fund shall be administered by the Department of FirePrograms under policies and definitions established by the Virginia FireServices Board. All moneys collected pursuant to the assessment made by theCommission pursuant to subdivision 2 of this subsection shall be paid intothe state treasury and credited to the Fund. The Fund shall also consist ofany moneys appropriated thereto by the General Assembly and any grants orother moneys received by the Virginia Fire Services Board or Department ofFire Programs for the purposes set forth in this section. Any moneysdeposited to or remaining in such Fund during or at the end of each fiscalyear or biennium, including interest thereon, shall not revert to the generalfund but shall remain in the Fund. Interest earned on all moneys in the Fundand interest earned on moneys held by the Commission pursuant to subdivision2 of this subsection prior to the deposit of such moneys into the Fund,including interest earned on such moneys during any period when theCommission is reconciling payments from insurers, shall remain in or bedeposited into the Fund, as the case may be, and be credited to it. Suchinterest shall be set aside for fire service purposes in accordance withpolicies developed by the Virginia Fire Services Board. Notwithstanding anyother provision of law to the contrary, policies established by the VirginiaFire Services Board for the administration of the Fund, and any grantsprovided from the Fund, that are not inconsistent with the purposes set outin this section shall be binding upon any locality that accepts such funds orrelated grants. The Commission shall be reimbursed from the Fund for allexpenses necessary for the administration of this section. The balance ofmoneys in the Fund shall be allocated periodically as provided in thissection. Expenditures and disbursements from the Fund shall be made by theState Treasurer on warrants issued by the Comptroller upon written requestsigned by the Executive Director of the Department of Fire Programs(Director) or his designee.
2. The Commission shall annually assess against all licensed insurancecompanies doing business in the Commonwealth by writing any type of insuranceas defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 andthose combination policies as defined in § 38.2-1921 that contain insuranceas defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amountof 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 incomeor in which its direct gross premium income is insufficient to produce at therate of assessment prescribed by law an amount equal to or in excess of $100,there shall be so apportioned and assessed against such company acontribution of $100.
B. After reserving funds for the Fire Services Grant Program and Dry FireHydrant Grant Program pursuant to subsection D, 75 percent of the remainingmoneys available for allocation from the Fund shall be allocated to theseveral counties, cities and towns of the Commonwealth providing fire serviceoperations to be used for the improvement of volunteer and career fireservices in each of the receiving localities. Funds allocated to thecounties, cities and towns pursuant to this subsection shall not be useddirectly or indirectly to supplant or replace any other funds appropriated bythe counties, cities and towns for fire service operations. Such funds shallbe used solely for the purposes of training volunteer or career firefightingpersonnel in each of the receiving localities; funding fire prevention andpublic safety education programs; constructing, improving and expandingregional or local fire service training facilities; purchasing emergencymedical care and equipment for fire personnel; payment of personnel costsrelated to fire and medical training for fire personnel; or for purchasingpersonal protective equipment, vehicles, equipment and supplies for use inthe receiving locality specifically for fire service purposes.Notwithstanding any other provision of the Code, when localities use suchfunds to construct, improve or expand fire service training facilities,fire-related training provided at such training facilities shall be byinstructors certified or approved according to policies developed by theVirginia Fire Services Board. Distribution of this 75 percent of the Fundshall be made on the basis of population as provided for in §§ 4.1-116 and4.1-117; however, no county or city eligible for such funds shall receiveless than $10,000, nor eligible town less than $4,000. The Virginia FireServices Board shall be authorized to exceed allocations of $10,000 foreligible counties and cities and $4,000 for eligible towns, respectively.Allocations to counties, cities, and towns receiving such allocations shallbe fair and equitable as set forth in Board policy. Any increases ordecreases in such allocations shall be uniform for all localities. In orderto remain eligible for such funds, each receiving locality shall reportannually to the Department on the use of the funds allocated to it for theprevious year and shall provide a completed Fire Programs Fund DisbursementAgreement form. Each receiving locality shall be responsible for certifyingthe proper use of the funds. If, at the end of any annual reporting period, asatisfactory report and a completed agreement form have not been submitted bya receiving locality, any funds due to that locality for the next year shallnot be retained. Such funds shall be added to the 75 percent of the Fundallocated to the counties, cities, and towns of the Commonwealth forimprovement of fire services in localities.
C. The remainder of the moneys available for allocation from the Fund shallbe used for (i) the purposes of carrying out the powers and duties assignedto the Department of Fire Programs under Chapter 2 (§ 9.1-200) of Title 9.1,which shall include providing funded training and administrative supportservices for nonfunded training to localities and (ii) the payment of thecompensation and costs of expenses of the members of the Fire Services Boardin performing their official duties; however, the Fund shall not be used forsalaries or operating expenses associated with the Office of the State FireMarshal.
D. The Fire Services Grant Program is hereby established and will be used asgrants to provide regional fire services training facilities, to finance theVirginia Fire Incident Reporting System and to build or repair burn buildingsas determined by the Virginia Fire Services Board. Beginning January 1, 1996,$1 million from the assessments made pursuant to this section shall bedistributed each year for the Fire Services Grant Program to be used asherein provided, and $100,000 shall be distributed annually for continuingthe statewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant tothis subsection shall be used for the purposes stated in this subsection, andfor no other purpose. All grants provided from these programs shall beadministered by the Department according to the policies established by theVirginia Fire Services Board.
E. Moneys in the Fund shall not be diverted or expended for any purpose notauthorized by this section.
F. The Director shall establish written standards for determining the extentto which clients outside the Commonwealth shall be financially responsiblefor the cost of fire and emergency services training provided by theDepartment of Fire Programs. Revenues generated by such training shall beretained in the Fire Programs Fund and may be used solely for providingadditional funded direct training to members of Virginia's fire and emergencyservices.
(1985, c. 545, § 38.1-44.1; 1986, cc. 60, 562; 1988, c. 336; 1995, cc. 615,637; 1997, c. 791; 1998, cc. 166, 877; 2000, c. 820; 2001, cc. 397, 413;2002, c. 389; 2004, c. 164; 2006, cc. 58, 322; 2007, cc. 647, 741.)
A. 1. There is hereby established in the state treasury a specialnonreverting fund to be known as the Fire Programs Fund, hereinafter referredto as "the Fund." The Fund shall be administered by the Department of FirePrograms under policies and definitions established by the Virginia FireServices Board. All moneys collected pursuant to the assessment made by theCommission pursuant to subdivision 2 of this subsection shall be paid intothe state treasury and credited to the Fund. The Fund shall also consist ofany moneys appropriated thereto by the General Assembly and any grants orother moneys received by the Virginia Fire Services Board or Department ofFire Programs for the purposes set forth in this section. Any moneysdeposited to or remaining in such Fund during or at the end of each fiscalyear or biennium, including interest thereon, shall not revert to the generalfund but shall remain in the Fund. Interest earned on all moneys in the Fundand interest earned on moneys held by the Commission pursuant to subdivision2 of this subsection prior to the deposit of such moneys into the Fund,including interest earned on such moneys during any period when theCommission is reconciling payments from insurers, shall remain in or bedeposited into the Fund, as the case may be, and be credited to it. Suchinterest shall be set aside for fire service purposes in accordance withpolicies developed by the Virginia Fire Services Board. Notwithstanding anyother provision of law to the contrary, policies established by the VirginiaFire Services Board for the administration of the Fund, and any grantsprovided from the Fund, that are not inconsistent with the purposes set outin this section shall be binding upon any locality that accepts such funds orrelated grants. The Commission shall be reimbursed from the Fund for allexpenses necessary for the administration of this section. The balance ofmoneys in the Fund shall be allocated periodically as provided in thissection. Expenditures and disbursements from the Fund shall be made by theState Treasurer on warrants issued by the Comptroller upon written requestsigned by the Executive Director of the Department of Fire Programs(Director) or his designee.
2. The Commission shall annually assess against all licensed insurancecompanies doing business in the Commonwealth by writing any type of insuranceas defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 andthose combination policies as defined in § 38.2-1921 that contain insuranceas defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amountof 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 incomeor in which its direct gross premium income is insufficient to produce at therate of assessment prescribed by law an amount equal to or in excess of $100,there shall be so apportioned and assessed against such company acontribution of $100.
B. After reserving funds for the Fire Services Grant Program and Dry FireHydrant Grant Program pursuant to subsection D, 75 percent of the remainingmoneys available for allocation from the Fund shall be allocated to theseveral counties, cities and towns of the Commonwealth providing fire serviceoperations to be used for the improvement of volunteer and career fireservices in each of the receiving localities. Funds allocated to thecounties, cities and towns pursuant to this subsection shall not be useddirectly or indirectly to supplant or replace any other funds appropriated bythe counties, cities and towns for fire service operations. Such funds shallbe used solely for the purposes of training volunteer or career firefightingpersonnel in each of the receiving localities; funding fire prevention andpublic safety education programs; constructing, improving and expandingregional or local fire service training facilities; purchasing emergencymedical care and equipment for fire personnel; payment of personnel costsrelated to fire and medical training for fire personnel; or for purchasingpersonal protective equipment, vehicles, equipment and supplies for use inthe receiving locality specifically for fire service purposes.Notwithstanding any other provision of the Code, when localities use suchfunds to construct, improve or expand fire service training facilities,fire-related training provided at such training facilities shall be byinstructors certified or approved according to policies developed by theVirginia Fire Services Board. Distribution of this 75 percent of the Fundshall be made on the basis of population as provided for in §§ 4.1-116 and4.1-117; however, no county or city eligible for such funds shall receiveless than $10,000, nor eligible town less than $4,000. The Virginia FireServices Board shall be authorized to exceed allocations of $10,000 foreligible counties and cities and $4,000 for eligible towns, respectively.Allocations to counties, cities, and towns receiving such allocations shallbe fair and equitable as set forth in Board policy. Any increases ordecreases in such allocations shall be uniform for all localities. In orderto remain eligible for such funds, each receiving locality shall reportannually to the Department on the use of the funds allocated to it for theprevious year and shall provide a completed Fire Programs Fund DisbursementAgreement form. Each receiving locality shall be responsible for certifyingthe proper use of the funds. If, at the end of any annual reporting period, asatisfactory report and a completed agreement form have not been submitted bya receiving locality, any funds due to that locality for the next year shallnot be retained. Such funds shall be added to the 75 percent of the Fundallocated to the counties, cities, and towns of the Commonwealth forimprovement of fire services in localities.
C. The remainder of the moneys available for allocation from the Fund shallbe used for (i) the purposes of carrying out the powers and duties assignedto the Department of Fire Programs under Chapter 2 (§ 9.1-200) of Title 9.1,which shall include providing funded training and administrative supportservices for nonfunded training to localities and (ii) the payment of thecompensation and costs of expenses of the members of the Fire Services Boardin performing their official duties; however, the Fund shall not be used forsalaries or operating expenses associated with the Office of the State FireMarshal.
D. The Fire Services Grant Program is hereby established and will be used asgrants to provide regional fire services training facilities, to finance theVirginia Fire Incident Reporting System and to build or repair burn buildingsas determined by the Virginia Fire Services Board. Beginning January 1, 1996,$1 million from the assessments made pursuant to this section shall bedistributed each year for the Fire Services Grant Program to be used asherein provided, and $100,000 shall be distributed annually for continuingthe statewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant tothis subsection shall be used for the purposes stated in this subsection, andfor no other purpose. All grants provided from these programs shall beadministered by the Department according to the policies established by theVirginia Fire Services Board.
E. Moneys in the Fund shall not be diverted or expended for any purpose notauthorized by this section.
F. The Director shall establish written standards for determining the extentto which clients outside the Commonwealth shall be financially responsiblefor the cost of fire and emergency services training provided by theDepartment of Fire Programs. Revenues generated by such training shall beretained in the Fire Programs Fund and may be used solely for providingadditional funded direct training to members of Virginia's fire and emergencyservices.
(1985, c. 545, § 38.1-44.1; 1986, cc. 60, 562; 1988, c. 336; 1995, cc. 615,637; 1997, c. 791; 1998, cc. 166, 877; 2000, c. 820; 2001, cc. 397, 413;2002, c. 389; 2004, c. 164; 2006, cc. 58, 322; 2007, cc. 647, 741.)
