Mo. Code Regs. tit. 11 § 75-16.010
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 11 CSR 75-16.010 - Peace Officer Standards and Training Commission FundPURPOSE: This amendment modifies the percentage of fund distribution to counties and municipalities that contribute more than five hundred dollars ($500) to the fund from a fixed ninety percent (90%) to a variable percentage to be determined by the Director of Public Safety based upon the amount of residual funds available.
(1) A county or municipality may participate in the Peace Officer Standards and Training Commission Fund (POST Fund) as follows:(A) The county or municipality shall assess a one dollar ($1) surcharge in each criminal case pursuant to section 488.5336, RSMo;(B) No less than once per calendar month, the county or municipality shall forward, payable to "Treasurer, State of Missouri," all collected surcharges to the following address: Department of Revenue, County Tax Section, PO Box 453, Jefferson City, MO 65105-0453;(C) All surcharges forwarded to the Department of Public Safety shall be accompanied by a completed POST Fund participation form.(2) The director shall distribute monies from the POST Fund to participating counties and municipalities as follows: (A) Distribution shall be made annually on or before October 1 based on contributions made during the preceding state fiscal year;(B) A county or municipality must have participated at least ninety (90) days during the fiscal year in order to be eligible for distribution;(C) All participants who contributed five hundred dollars ($500) or less shall receive a distribution of exactly five hundred dollars ($500);(D) All participants who contributed more than five hundred dollars ($500) shall receive a distribution as follows:1. The participant's CONTRIBUTION FACTOR shall be calculated, which shall equal the participant's contribution divided by total contributions;2. The participant's BASE DISTRIBUTION shall be calculated, which shall equal a percentage of the participant's contribution to be determined by the director based upon available funds;3. An OVERALL RESIDUAL shall be calculated, which shall equal total contributions, less the total of five hundred dollar ($500) payments pursuant to subsection (2)(C) of this rule, less the total of base distributions pursuant to paragraph (2)(D)2. of this rule, plus accrued interest on total contributions, less a reserve amount to be determined by the director;4. The participant's RESIDUAL ADJUSTMENT shall be calculated, which shall equal the OVERALL RESIDUAL multiplied by the participant's CONTRIBUTION FACTOR; and5. The participant's actual distribution shall equal the participant's BASE DISTRIBUTION plus the participant's RESIDUAL ADJUSTMENT.(3) Monies distributed from the POST Fund shall not be used for any purpose other than to pay the costs of: (A) Continuing Law Enforcement Education (CLEE) training attended by licensed peace officers; or(B) Technical or professional training attended by non-commissioned personnel employed by a law enforcement agency.(4) Under no circumstances shall monies distributed from the POST Fund be used to pay for: (B) Training not successfully completed by the trainee.(5) Monies distributed from the POST Fund shall not be used to supplant or replace existing training funding.(6) The Director shall have discretion to determine whether any particular training or cost item is eligible to be paid with monies distributed from the POST Fund.(7) The POST Commission shall have discretion to bar a county or municipality from future participation in the POST Fund for failure to comply with this rule.(8) A decision of the Director or of the POST Commission pursuant to this rule shall be subject to review only pursuant to section 536.150, RSMo. AUTHORITY: section 590.178, RSMo 2000 and section 590.190, RSMo Supp. 2007.* Original rule filed May 1, 2002, effective Oct. 30, 2002. Amended: Filed Jan. 15, 2004, effective July 30, 2004. Amended: Filed July 1, 2008, effective Dec. 30, 2008. Amended by Missouri Register August 15, 2019/Volume 44, Number 16, effective 9/30/2019Amended by Missouri Register June 1, 2021/Volume 46, Number 11, effective 7/31/2021*Original authority: 590.178, RSMo 1993, amended 1994 and 590.190, RSMo 2001, amended 2007.