292.604. Funding of commission--distribution of funds.

Funding of commission--distribution of funds.

292.604. 1. The duties and the responsibilities of thecommission and department under sections 292.600 to 292.625 shallbe funded by the chemical emergency preparedness fund and generalrevenue upon appropriation.

2. Such appropriations shall be distributed as follows:

(1) Sixty-five percent of the funds collected undersubsection 2 of section 292.606 shall be provided to the localemergency planning committees for their responsibilities undersections 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 distributedannually to each local emergency planning committee through thegoverning body of each county or a city not within a county orany city with a population greater than four hundred thousand andlocated in more than one county;

(b) Two-thirds shall be distributed to the local emergencyplanning committees through the county governing body or any citynot within a county or any city with a population greater thanfour hundred thousand and located in more than one county, basedon the number of facilities identified with hazardous chemicalsas defined in section 311(e) of the federal act; and on thepresence of highways, railroads, pipelines and other pertinententities as the commission and the department may determine;

(c) When a local emergency planning district has beenformed the moneys distributed under paragraphs (a) and (b) ofthis subdivision to any county governing body or any city notwithin a county or any city with a population greater than fourhundred thousand, located in more than one county which is a partof a district shall immediately transfer such funds to thedistrict committee;

(d) Funds provided to local emergency planning committeesunder this section shall be used for purposes specified by thecommission and the department for carrying out the purposes ofsections 292.600 to 292.625 and the federal act. Use of suchfunds for purposes other than those specified can result inrefusal to provide additional funds to that jurisdiction. Thecommission and the department may recover, by appropriate legalmeans, any funds spent inconsistent with the grant or contractunder which such funds were provided;

(2) Twenty-five percent of the funds collected undersubsection 2 of section 292.606 shall be available to carry outthe responsibilities of the commission and the department undersections 292.600 to 292.625 and the federal act;

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

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

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

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