HB-5860, As Passed Senate, May 9, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5860

     A bill to amend 1966 PA 291, entitled

"Fire fighters training council act of 1966,"

by amending the title and sections 1, 2, 3, 4, 5, 8, 9, 11, 13, and

14 (MCL 29.361, 29.362, 29.363, 29.364, 29.365, 29.368, 29.369,

29.371, 29.373, and 29.374), the title and sections 2, 3, and 5 as

amended by 1987 PA 196 and section 9 as amended by 1988 PA 458.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to  provide for the creation of a fire fighters  create

the firefighters training council; to  provide for  prescribe the

powers and duties of the council, the state fire marshal, and

certain fire departments  or  and other organizations; to  provide

for the establishment of the fire fighters  create the firefighters

training council fund and to provide for allocations  therefrom

from the fund to local agencies of government participating in a

fire fighters  firefighters training program; and to make an

appropriation.

     Sec. 1. This act shall be known and may be cited as the  "fire

fighters  "firefighters training council act".  of 1966".

     Sec. 2. As used in this act:

     (a) "Council" means the  fire fighters  firefighters training

council.

     (b) "Executive secretary" means the executive secretary of the

council.

     (c)  "Fire fighter"  "Firefighter" means a member, including

volunteer members and members paid on call, of  a  an organized

fire department  or other organization of a city, county, township,

or village who is responsible for, or is in a capacity  which

that includes responsibility for, the extinguishment of fires, the

directing of the extinguishment of fires, the prevention and

detection of fires, and the enforcement of the general fire laws of

this state.  This definition shall not apply to  Firefighter does

not include a person whose job description, duties, or

responsibilities do not include direct involvement in fire

suppression.

     (d)  "Fire department or other organization" means an

organization or department which provides fire suppression and

other fire-related services within a city, village, township, or

county.  "Organized fire department" means that term as defined in

section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

     (e) "Firefighter training" means education or training

designed and intended to enhance the ability of an organized fire

department or the personnel of an organized fire department to

safeguard life and property from damage from explosion, fire, or

disaster, and to deliver fire suppression and other related fire

services.

     Sec. 3. (1) The  fire fighters  firefighters training council

is  hereby created  within  in the bureau of fire services in the

department of  state police  labor and economic growth and shall

consist of 7 members selected as follows:

     (a) The  director of state police  state fire marshal, or his

or her designated representative, shall be ex-officio a member.

     (b) Two members appointed to the council by the governor from

a list of 5  active  or more members submitted by the Michigan

association of fire  chief's association  chiefs.

     (c) One member appointed to the council by the governor from a

list of 3  active fire fighters  or more members submitted by the

Michigan  state fire fighter's association  professional fire

fighters union.

     (d) One member appointed to the council by the governor from a

list of 3 or more names submitted by the Michigan state firemen's

association.

     (e) One member appointed to the council by the governor from a

list of 3 or more names submitted by the  metropolitan club of

America, incorporated  Michigan fire service instructors

association.

     (f) One member appointed to the council by the governor from a

list of 2 or more names submitted by the Michigan townships

association and 2 or more names submitted by the Michigan municipal

league.

     (2) All appointments made by the governor shall be with the

advice and consent of the senate.

     Sec. 4.  Members  A member of the council appointed before

January 1, 2007 shall  hold office  be appointed for a term of 3

years.  , except that of the members first appointed from nominees

submitted by the Michigan state fire chief's association, 1 shall

be appointed for 3 years and 1 for 2 years.  A member of the

council appointed after December 31, 2006 shall be appointed for a

term of 4 years. A vacancy created other than by expiration of a

term shall be appointed for the unexpired term of the member who is

to succeed in the same manner as the original appointment. Any

member may be reappointed for additional terms.

     Sec. 5. The governor may designate a member of the council to

serve as chairperson of the council at the pleasure of the

governor. The council  shall  may designate  from among its members

a chairperson and a member as vice-chairperson  who shall  to

serve for 1 year.  and who  The vice-chairperson may be reelected.

Membership on the council  shall  does not constitute holding a

public office. Members of the council  shall  are not  be required

to take and file oaths of office before serving on the council. The

council shall not  have the right to exercise any portion of the

sovereign power of  the  this state.  No  A member of the council

shall be  is not disqualified from holding any public office or

employment by reason of his or her appointment to membership on the

council, nor shall he or she forfeit any such office or employment

, by reason of his or her appointment, notwithstanding the

provisions of any general, special, or local laws or ordinances or

city charters.

     Sec. 8. The members of the council shall serve without

compensation, but shall be entitled to their actual expenses in

attending meetings and in the performance of their duties, subject

to available appropriations.

     Sec. 9. (1) The state fire marshal, with the approval of the

council, shall prepare and publish standards with due consideration

to varying factors and special requirements of organized fire

departments  or other organizations in the following areas:

     (a) Advisory standards of physical, educational, mental and

moral fitness, which shall govern the recruitment, selection, and

appointment of  fire fighters  firefighters.

     (b) The approval by the council of  fire fighter  firefighter

training schools. The standards shall address, at least, the

following issues:

     (i) The qualification and certification of instructors.

     (ii) The courses of study, attendance, record-keeping

requirements, equipment, and facilities.

     (iii) The visitation and evaluation of instructors and schools.

by the council.

     (c) The establishment of subordinate regional training centers

in strategic geographic locations in order to serve the greatest

number of organized fire departments that are unable to support

their own training programs.

     (2) Each organized fire department  or other organization

shall file a statement with the council designating at least 1

training officer or training coordinator for the fire department.

by November 30, 1988. If a training officer or training

coordinator is changed, the organized fire department,  or other

organization, within 7 days of the change, shall file a statement

notifying the council of the change.

     (3) The council shall develop and provide to each organized

fire department,  or other organization, upon request of the

organized fire department  or other organization and at no charge,

a videotape, digital video disc, or other electronic form of video

display to be used in training  fire fighters  firefighters. The

videotape, digital video disc, or other electronic form of video

display shall not include training that requires a practical

demonstration. The videotape, digital video disc, or other

electronic form of video display shall be based on the  fire

fighters I and II standards for fire fighter I and fire fighter II

set forth in  the  "standard for fire fighter professional

qualifications", national fire protection association  pamphlet

standard no. 1001,  1987  2002 edition. The council may impose a

reasonable fee for loss, damage, or late return of a videotape,

digital video disc, or other electronic form of video display

provided to  a  an organized fire department  or other organization

under this subsection.

     (4) The state fire marshal, with the approval of the council,

shall develop and administer an examination, which shall include a

practical demonstration, a written or oral test, or a combination

thereof, to determine a person's competency in regard to the

knowledge and skill requirements set forth in  fire fighter I and

II standards of the  standards for fire fighter I and fire fighter

II set forth in "standard for fire fighter professional

qualifications", national fire protection association  pamphlet

standard no. 1001,  1987  2002 edition. The council, upon the

request of  a  an organized fire department,  or other

organization, shall administer the examination in each county at

least once every year. The examination shall be administered in 2

parts. Part 1 shall test the knowledge and skill requirements set

forth in fire fighter I, and part 2 shall test the knowledge and

skill requirements set forth in fire fighter II. The examination

may be retaken, as necessary, upon request from  a  an organized

fire department.  or other organization.

     (5) Within 12 months after a person's hiring date as a full-

time  fire fighter  firefighter, the person must pass both part 1

and part 2 of the examination to be eligible for continued or

permanent full-time employment as a  fire fighter  firefighter.

     (6) Within 24 months after a person's appointment date as a

volunteer or paid on-call  fire fighter  firefighter, a person must

pass part 1 of the examination to be eligible for continued

volunteer or paid on-call service as a  fire fighter  firefighter.

     (7) The examination described in this section shall not apply

to a person who is employed or under appointment as a  fire fighter

firefighter on October 1, 1988, unless  a  the person subsequently

changes his or her status from a volunteer or paid on-call  fire

fighter  firefighter to a full-time  fire fighter  firefighter.

     (8) The state fire marshal, with the approval of the council,

shall review and monitor the state and federal standards relating

to live fire training exercises in structures and make

recommendations to the general industry safety standards commission

for any new or modified standards  which in their opinion are

necessary for the protection of  fire fighter  firefighter

trainees.

     Sec. 11. The state fire marshal or the council may:

     (a) Visit and inspect any  fire fighter  firefighter training

school, or examine the curriculum or training procedures, for which

application for approval has been made.

     (b) Issue certificates to  fire fighter  firefighter training

schools qualifying under the regulations  of the council

promulgated under this act.

     (c) Authorize the issuance of certificates of graduation or

diplomas by approved  fire fighter  firefighter training schools to

fire fighters  firefighters who have satisfactorily completed

minimum courses of study.

     (d) Cooperate with state, federal, and local fire agencies in

establishing and conducting local or area schools  , or regional

training centers for instruction and training of  fire fighters

firefighters of this state  ,  and its cities, counties, townships,

and villages.

     (e) Make recommendations to the state fire marshal, the

governor, and the legislature on matters pertaining to

qualification and training of  fire fighters  firefighters.

Sec. 13. There is created in the state treasury  a fire

fighters  the firefighters training fund from which the legislature

shall appropriate  such sums as are  an amount of money deemed

necessary for the purposes of this act but  in no case shall such

appropriations  be in excess of  from the firefighters training

fund shall not exceed 75% of  the amounts  money paid into the

fund.

     Sec. 14.  The amounts annually appropriated by the legislature

shall be paid by the state treasurer in accordance with the

accounting laws of the state upon certification of the executive

secretary of the council for the purpose of reimbursing the city,

county, township or village for regular fire fighters in the fire

department in an amount not to exceed 1/2 of the salary paid to

each fire fighter meeting the recruitment standards and

participating in training meeting the standard prescribed pursuant

to this act during the period covered by the allocation, plus $8.00

of the necessary living expenses incurred by such fire fighter

which are necessitated by training requiring that he be away from

his residence overnight. The amounts annually appropriated by the

legislature shall be paid by the state treasurer in accordance with

the accounting laws of the state upon certification of the

executive secretary of the council for the purpose of reimbursing

the city, county, township or village for volunteer fire fighters

in an amount not to exceed $12.50 for lost wages, to be matched by

the local municipality for each fire fighter meeting the

recruitment standards and participating in training meeting the

standard prescribed pursuant to this act during the period covered

by the allocation, plus $8.00 of the necessary living expenses, to

be matched by the local municipality, incurred by such fire fighter

which are necessitated by training requiring that he be away from

his residence overnight. If the moneys in the fire fighter training

fund to be appropriated by the legislature for such salary and

expense reimbursement are insufficient to allocate such amount to

each participating city, county, township or village, the amount

allocated to each shall be reduced proportionately. In no event

shall any allocations be made to any city, county, township or

village which has not, throughout the period covered by the

allocation, adhered to the standards established by the council as

applicable to personnel recruited or trained by such city, county,

township or village during such period.

     (1) From the amount annually appropriated by law for the

council, the council may request and the state fire marshal may

approve annual training expenditures for the purposes of payments

to counties to reimburse organized fire departments for firefighter

training and other activities required under this act.

     (2) The money approved under subsection (1) shall be disbursed

to counties using a formula composed 70% of county population and

30% of square miles within the county. A minimum disbursement to

each county may be requested by the council and approved by the

state fire marshal.

     (3) The chairperson of a firefighter training committee

established in each county shall survey the training needs of

organized fire departments in the county and shall distribute the

money received by the county under this section as prioritized by

the organized fire departments in the county. If money distributed

to a county under this section for a fiscal year is not designated

by the chairperson for distribution to organized fire departments

in the county by January 1 of the fiscal year, the undesignated

money shall be returned to the council for redistribution using the

formula under subsection (2).

     (4) Money shall be distributed under this section only to an

organized fire department that has adhered to the standards

established under this act for personnel recruited or trained by

the organized fire department during the current and prior fiscal

years.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1133 of the 93rd Legislature is enacted into

law.