The following procedures have been estabIished by the Department of
Finance and Administration, Office of Administrative Services to implement the
fire Protection Services Program Act of Arkansas - Act 833 of 1991, as amended
by Act 10-First Extraordinary session of 1992.
The procedures are divided into four sections:
A. General Procedures - these procedures
apply to alI fire departments/districts, B. Rural Volunteer Fire
Departments/Districts Procedures, C. Certified Municipal Fire Department
Procedures, and D. Non-Certified Municipal Fire Department
Procedures.
A.
GENERAL
PROCEDURES
A1. Beginning January 1,
1992, premium tax shall be collected by the Arkansas Insurance Commissioner
from insurers.
A2. The insurers
will estimate their net direct written premiums and remit premium taxes
quarterly based on these estimates to the Arkansas Insurance Commissioner. The
first quarter's colIactions should be received in May. The other quarterly
collections should be received in August, November, and March of the following
year. The March collection will be an adjusted collection to reflect the actual
net direct premiums written for the previous year.
A3. The collections will be deposited into
the Fire Protection Premium Tax Fund and will be divided by county using the
following percentages as stated in the Act:
|
Arkansas
|
0.78%
|
Ashley
|
1.39%
|
Baxter
|
1.78%
|
|
Benton
|
3.86%
|
Boone
|
1.46%
|
Bradley
|
0.52%
|
|
Calhoun
|
0.51%
|
CarrolI
|
0.97%
|
Chicot
|
0.51%
|
|
Clark
|
1.13%
|
Clay
|
1.10%
|
Cleburne
|
1.11%
|
|
Cleveland
|
0.66%
|
CoIumbia
|
1.24%
|
Conway
|
1.04%
|
|
Craighead
|
2.91%
|
Crawford
|
1.98%
|
Crittenden
|
1.32%
|
|
Cross
|
0.84%
|
Dallas
|
0.45%
|
Desha
|
0.71%
|
|
Drew
|
0.80%
|
Faulkner
|
2.30%
|
FrankIin
|
0.97%
|
|
Fulton
|
0.84%
|
Garland
|
3.12%
|
Grant
|
1.13%
|
|
Greene
|
1.39%
|
Hempstead
|
1.89%
|
Hot Spring
|
1.46%
|
|
Howard
|
0.75%
|
Independence
|
1.90%
|
Izard
|
0.91%
|
|
Jackson
|
0.95%
|
Jefferson
|
2.32%
|
Johnson
|
1.05%
|
|
Lafayette
|
0.71%
|
Lawrence
|
0.96%
|
Lee
|
0.73%
|
|
Lincoln
|
1.12%
|
Little River
|
0.77%
|
Logan
|
1.06%
|
|
Lonoke
|
1.70%
|
Madison
|
0.95%
|
Marion
|
1.00%
|
|
Miller
|
1.44%
|
Mississippi
|
1.77%
|
Monroe
|
0.53%
|
|
Montgomery
|
0.66%
|
Nevada
|
0.58%
|
Newton
|
0.67%
|
|
Ouachita
|
1.37%
|
Perry
|
0.62%
|
Phillips
|
1.12%
|
|
Pike
|
0.87%
|
Poinsett
|
1.14%
|
Polk
|
1.01%
|
|
Pope
|
1.73%
|
Prairie
|
0.83%
|
Pulaski
|
5.99%
|
|
Randolph
|
0.96%
|
St. Francis
|
1.45%
|
Saline
|
3.00%
|
|
Scott
|
0.59%
|
Searcy
|
0.73%
|
Sebastian
|
2.06%
|
|
Sevier
|
0.82%
|
Sharp
|
1.30%
|
Stone
|
0.77%
|
|
Union
|
2.01%
|
Van Buren
|
1.18%
|
Washington
|
3.46%
|
|
White
|
2.71%
|
Woodruff
|
0.47%
|
Yell
|
1.11%
|
A4. The
population of each county and incorporated city and town within the county will
be determined using the latest census from the U.S. Department of Commerce,
Economics and Statistics Administration, Bureau of the Census. AlI special
census information will be input at the beginning of each annuaI year. The
Department of Finance and Administration will use this information to determine
the percentage population of each incorporated city and town and the remaining
unincorporated percentage population of the county.
A5. Funds distributed under this program
shalI only be used to defray training expense of fire fighters and to purchase,
improve, or for pledging as securities for the purchase and improvement of,
fire fighting equipment in compliance with National Fire Protection Association
(NFPA) standards and initial capital construction or improvements of fire
departments.
A6. The funds for each
county shall be apportioned to the districts and municipaIities within the
county based on popuIation unIess the County Intergovernmental Cooperation
CounciI notifies the quorum court of the fire protection needs of the districts
and municipalities, in which case the monies shall be apportioned by the quorum
court based on those needs.
A7.
Each County Quorum Court should notify the Department of Finance and
Administration through the Arkansas Fire Protection Board by February 1st of
each annual year of the fire protection needs of the districts and
municipalities of their county as determined by the County Intergovernmental
Cooperation CounciI. If no notification is received, the distribution within
the county will be based on the population as determined by the latest U.S.
Census of the incorporated municipalities and on a first come, first served
basis for the unincorporated areas. After the first year of the program,
counties that have previously notified the Department of Finance and
Administration through the Arkansas Fire Protection Services Board of the fire
protection needs of the districts and municipalities will have their
apportionments carried forward to the new annual year from the previous year,
unless otherwise notified no later than February 1st of each annual
year.
A8. As soon as the Arkansas
Fire Protection Services Board has reviewed and approved the apportionment
and/or changes, the transactions will be routed to the Department of Finance
and Administration which will adjust the distribution of each county as noted
and approved.
A9. As funds are
received from Premium Tax collections, the Department of Finance and
Administration will aIlocate them to each county using the percentages stated
in A3 of the General Procedures. Each county's funds will then be allocated
based on the county's population percentage distribution or Quorum Court's
designated fire protection needs as apportioned.
B.
RURAL VOLUNTEER FIRE
DEPARTMENTS/DISTRICTS PROCEDURES
B1. No
ruraI voIunteer fire department/district shall receive payments or
disbursements under this program unless the County Quorum Court and the Board
of Commissioners of the Fire Protection District designate the current County
Fire Service Coordinator or designate a County Fire Service Coordinator who
shall be responsible for seeing that standard guidelines established by the
Arkansas Fire Protection Services Board pursuant to Ark. Code Ann. §
20-22-801 et
seq, are followed.
B2. Rural
volunteer fire departments/districts which are in compliance with these
procedures and Ark. Code Ann. §§
20-22-801 -
20-22-809
shalI be eligible for funds under this program.
B3. Rural volunteer fire
departments/districts which are not certified by the Office of Fire Protection
Services pursuant to Ark. Code Ann. §§
20-22-801 -
20-22-809
shalI also be eligible for funds under this program. The Arkansas Fire
Protection Services Board shall approve only requests for upgrading, which will
move the department/district towards meeting the minimum certification
standards. All moneys received from the Arkansas Fire Protection Services Board
approved requests for funds are to be spent directly on equipment, training,
capital improvements, or other expenditures necessary for upgrading the service
provided by the department/district. (Act 10-First Extraordinary Session of
1992)
B4. Rural volunteer fire
departments/districts shall complete Requisition for Funds Fire Protection
Services Program Form DFA-FP-1, Project Narrative Fire Protection Services
Program Form DFA-FP-2, and Funding Assuranees Fire Protection Services Program
Form DFA-FP-3 and submit to the County Fire Service Coordinator for review and
approval and then to the County Quorum Court for their review and
approval.
B5. if approved by the
County Quorum Court, the Requisition for Funds Form DFA-FP-1, Project Narrative
Form DFA-FP-2, and Funding Assurances Form DFA-FP-3 shall be sent to the
Arkansas Fire Protection Services Board for their review and approval at the
following address:
Arkansas Fire Protection Services Board
C/0 Office of Emergency Services
P.O. Box 758
Conway, AR 72032-0758
B6. If approved by the Arkansas Fire
Protection Services Board, the Requisition for Funds Form DFA-FP-1, Project
Narrative Form DFA-FP-2, and Funding Assurances Form DFA-FP-3 shall be sent to
the Department of Finance and Administration for payment to be made to the
County for the rural volunteer fire department/district.
B7. The payment will be sent to the County
Treasurer - County Quorum Court through the Arkansas Fire Protection Services
Board.
B8. The County Treasurer -
County Quorum Court will receive and deposit these funds in a Special County
Revenue Fund designated specifically for fire protection. The funds will then
be disbursed to the rural volunteer fire department/district requesting the
funds. No commission or administrative fee may be assessed on these
funds.
B9. The Board of
Commissioners of any Fire Protection District receiving funds under this
program shalI make no contract for the purchase of materiaI or equipment
costing five hundred ($500) or more except upon sealed bids opened in public,
and it shall be the duty of the secretary of the district to call on the
telephone or notify in person no less than ten (10) property holders, not less
than forty-eight (48) hours or more than one (1) week before the time of
receiving the bids. The secretary shall also deliver to the daily papers in the
county and at least one (1) weekIy paper a news item notice of the intention to
receive bids on certain equipment. (Act 10-First Extraordinary Session of
1992)
B10. All funds received under
this program must be expended or allocated for expenditure on or before the
expiration of twelve (12) months from the date of receipt. Any excess or
surplus funds which are not expended or allocated for expenditure within such
twelve (12) month period shall be returned to the Arkansas Fire Protection
Services Board no later than sixty (60) days following the expiration of such
twelve (12) month period. The returned funds will be deposited to the Fire
Protection Premium Tax Fund and will be reallocated as described in Section A9
of the General Procedures.
B11.
Each rural volunteer fire department/district which receives funds under this
program shall file reports on December 1 annually with Quorum Court through the
County Clerk's Office or other office designated by the Quorum Court stating
how such funds were expended during the preceding twelve (12) months.
B12. The Quorum Court of each county through
their County Clerk's Office shall file reports on January 15 annually with the
State Auditor and Department of Finance and Administration stating how such
funds were expended during the preceding twelve (12) months. Send the reports
to the foIlowing addresses:
Auditor of State
State Capitol Room 214
Little Rock, AR 72201
Department of Finance and Administration
Office of Administrative Services P.O.Box 2485 Little Rock, AR
72203-2485
B13. If any
Quorum Court or rural volunteer fire department/district fails to make the
reports as stated in B8 and B9, the fire department/district shall not be
eligible for new or additional funds until the reports are filed.
B14. Any fire department/district which faiIs
to expend funds in due compliance with the provisions of these procedures shall
not be eligible for new or additional funds under this program untiI the
department/district reimburses the exact amount of those monies improperly
retained or expended.
C.
CERTIFIED MUNICIPAL FIRE DEPARTMENT PROCEDURES
C1. Municipal fire departments which are in
compliance with these procedures and Ark. Code Ann. §§
20-22-801 -
20-22-809
shall be eligible for funds under this program.
C2. Municipal fire departments must be
willing to provide fire protection through mutual aid agreements in areas
within five (5) miles of its corporate Iimits. Municipal fire departments shalI
not be required to respond when, in the opinion of proper municipal
authorities, municipal property or fire classification rating would be
jeopardized. Municipal fire departments must furnish an official municipal
resolution signed by the Chief Executive Officer of that municipality stating
their willingness to provide fire protection through mutual aid agreements
and/or copies of the mutual aid agreements to the Arkansas Fire Protection
Services Board as well as a completed Municipal Fire Departments Funding
Assurances Fire Protect ion Services Program Form DFA-FP-4.
C3. Municipal fire departments which are in
compliance with the above will have their apportionment forwarded to them after
it is collected.
C4. All funds
received under this program must be expended or allocated for expenditure on or
before the expiration of twelve (12) months from the date of receipt. Any
excess or surplus funds which are not expended or allocated for expenditure
within such twelve (12) month period shall be returned to the Arkansas Fire
Protection Services Board no later than sixty (60) days following the
expiration of such twelve (12) month period. The returned funds will be
deposited to the Fire Protection Premium Tax Fund and will be reallocated as
described in Section A9 of the General Procedures.
C5. Each municipal fire department which
receives such funds shalI file reports on December 1 annually with the Arkansas
Fire Protection Service Board stating how such funds we re expended during the
preceding tweIve (12) months.
C6.
If any municipal fire department fails to make the reports as stated in C5, the
fire department shall not be eligible for new or additional funds until the
reports are filed.
C7. Any
municipaI fire department which fails to expend funds in due compliance with
the provisions of these procedures shall not be eligible for new or additional
funds under this program untiI the department reimburses the exact amount of
those monies improperly retained or expended.
D.
NON-CERTIFIED MUNICIPAL FIRE
DEPARTMENT PROCEDURES
D1. Municipal
fire departments which are not certified by the Office of Fire Protection
Services pursuant to Ark. Code Ann. §§
20-22-801 -
20-22-809
shalI be eligible for funds under this program. The Arkansas Fire Protection
Services Board shalI approve only requests for upgrading, which will move the
department towards meeting the minimum certification standards. AlI moneys
received from the Arkansas Fire Protection Services Board approved requests for
funds are to be spent directly on equipment, training, capitaI improvements, or
other expenditures necessary for upgrading the service provided by the
department. (Act 10-First Extraordinary Session of 1992)
D2. Municipal fire departments must be
willing to provide fire protection through mutual aid agreements in areas
within five (5) miles of its corporate Iimits. Municipal fire departments shalI
not be required to respond when, in the opinion of proper municipal
authorities, municipal property or fire classification rating would be
jeopardized. Municipal fire departments must furnish an official municipal
resolution signed by the Chief Executive Officer of that municipality stating
their willingness to provide fire protection through mutual aid agreements
and/or copies of the mutual aid agreements to the Arkansas Fire Protection
Services Board as well as a compIeted MunicipaI Fire Departments Funding
Assurances Fire Protect ion Services Program Form DFA-FP-4.
D3. Non-certified municipal fire departments
shalI complete Requisition for Funds Fire Protection Services Program Form
DFA-FP-5 and Project Narrative Fire Protection Services Program Form DFA-FP-6
and submit to the Chief Executive Officer of the municipality for review and
approval.
D4. If approved, the
Requisition for Funds Form DFA-FP-5 and Project Narrative Form DFA-FP-6 shall
be sent to the Arkansas Fire Protection Services Board for their review and
approval at the following address:
Arkansas Fire Protection Services Board
C/0 Office of Emergency Services
P.O. Box 758
Conway, AR 72032-0758
D5. If approved by the Arkansas Fire
Protection Services Board, the Requisition for Funds Form DFA-FP-5 and Project
Narrative Form DFA-FP-6 shall be sent to the Department of Finance and
Administration for payment to be made to the municipality.
D6. All funds received under this program
must be expended or allocated for expenditure on or before the expiration of
twelve (12) months from the date of receipt. Any excess or surplus funds which
are not expended or allocated for expenditure within such twelve (12) month
period shall be returned to the Arkansas Fire Protection Services Board no
later than sixty (60) days following the expiration of such twelve (12) month
period. The returned funds will be deposited to the Fire Protection Premium Tax
Fund and will be reallocated as described in Section A9 of the General
Procedures.
D7. Each municipal fire
department which receives such funds shalI file reports on December 1 annually
with the Arkansas Fire Protection Service Board stating how such funds were
expended during the preceding twelve (12) months.
D8. If any municipal fire department fails to
make the reports as stated in D7, the fire department shall not be eligible for
new or additional funds until the reports are filed.
D9. Any municipaI fire department which fails
to expend funds in due compliance with the provisions of these procedures shall
not be eligible for new or additional funds under this program until the
department reimburses the exact amount of those monies improperly retained or
expended.
EXAMPLE COUNTY XYZ NEEDS ASSESSMENTS
County XYZ has 4 incorporated cities. Without any notification of the
fire protection needs of the county, the Department of Finance and
Administration wouId distribute funds through the Arkansas Fire Protection
Services Board as follows:
|
NAME
|
POPULATION
|
DISTRIBUTION
|
|
County Total
|
20,000
|
100%
|
|
City A
|
10,000
|
50%
|
|
City B
|
1,000
|
5%
|
|
City C
|
1,000
|
5%
|
|
City D
|
200
|
1%
|
|
Unincorporated Area
|
7,800
|
39% first come, first served basis
|
County XYZ's County Intergovernmental Cooperation Council meets and
reviews the fire protection needs of the county. It finds that there are 3
rural fire departments serving the unincorporated areas of the county, 1 of
which is twice as big as the other 2. Also, City D does not have a fire
department and its fire needs are met by City C. The County Intergovernmental
Cooperation CounciI makes the following needs assessment to the County Quorum
Court:
|
NAME
|
POPULATION
|
DISTRIBUTION
|
|
County Total
|
20,000
|
100%
|
|
City A
|
10,000
|
50%
|
|
City B
|
1,000
|
5%
|
|
City C
|
1,000
|
6%
|
|
City D
|
200
|
0%
|
|
Rural Department E
|
19%
|
|
Rural Department F
|
10%
|
|
Rural Department G
|
10%
|
|
Unincorporated Area
|
7,800
|
Since the county has determined its needs of both the incorporated and
unincorporated areas, the funds will be distributed using the new percentage
distribution. The incorporated municipalities will receive their funds
quarterly as it is received. The unincorporated rural fire department/districts
must apply for the funds. However, since the unincorporated areas have
designated needs, these funds will be reserved for them until requested.
EXAMPLE CONTINUED COUNTY XYZ NEEDS ASSESSMENT
If the needs for Year B are the same as previous Year A then nothing
needs to be submitted, Year A's percentage distribution will carry over to Year
B. However, if City A is going to assume the fire protection services of Rural
Fire Department E a new percentage distribution based on needs must be
submitted by February 1st. The distribution would then be as follows:
|
NAME
|
POPULATION
|
DISTRIBUTION
|
|
County Total
|
20,000
|
100%
|
|
City A
|
10,000
|
59%
|
|
City B
|
1,000
|
5%
|
|
City C
|
1,000
|
6%
|
|
City D
|
200
|
0%
|
|
Rural Department E
|
10%
|
|
Rural Department F
|
10%
|
|
Rural Department G
|
10%
|
|
Unincorporated Area
|
7,800
|
The above needs distribution will carry over to Year C unless the
Department of Finance and Administration through the Arkansas Fire Protection
Services Board is otherwise notified.
RURAL VOLUNTEER FIRE DEPARTMENT/DISTRICT - REQUISITION FOR
FUNDS
FORM DFA-FP-1
Click here to view
image
NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT - PROJECT
NARRATIVE
FORM DFA-FP-2
Click here to view
image
RURAL VALUNTEER FIRE DEPARTMENT/DISTRICT - CERTIFIED FUNDING
ASSURANCES
FORM DFA-FP-3
This form must be completed and submitted with the Requisition for
Funds.
Click here to view
image
MUNICIPAL FIRE DEPARTMENTS FUNDING ASSURANCES
FORM DFA-FP-4
Click here to view
image
NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT - REQUISITION FOR
FUNDS
FORM PFA-FP-5
Click here to view
image
NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT - PROJECT
NARRATIVE
FORM DFA-FP-6
Click here to view
image
