SENATE BILL NO. 681 September 21, 1999, Introduced by Senator STILLE and referred to the Committee on Economic Development, International Trade and Regulatory Affairs. A bill to amend 1966 PA 291, entitled "Fire fighters training council act of 1966," by amending sections 2, 3, 4, 6, 9, 12, 13, 14, and 15 (MCL 29.362, 29.363, 29.364, 29.366, 29.369, 29.372, 29.373, 29.374, and 29.375), sections 2 and 3 as amended by 1987 PA 196, section 6 as amended by 1980 PA 10, and section 9 as amended by 1988 PA 458. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. As used in this act: 2 (a) "Council" means the fire fighters training council. 3 (B) "ELIGIBLE ENTITY" MEANS THE STATE OF MICHIGAN, A FIRE 4 PROTECTION AUTHORITY, OR A VILLAGE, CITY, TOWNSHIP, OR COUNTY 5 THAT HAS ESTABLISHED OR THAT RECOGNIZES AN ORGANIZATION FOR THE 6 PURPOSES OF THE PREVENTION, DETECTION, AND EXTINGUISHMENT OF 03395'99 LBO 2 1 FIRES AND THE ENFORCEMENT OF FIRE LAWS IN THIS STATE DETERMINED 2 BY THE COUNCIL TO BE IN COMPLIANCE WITH APPLICABLE RULES AND LAW. 3 (C)(b)"ExecutivesecretaryDIRECTOR" means the execu- 4 tivesecretaryDIRECTOR of the council. 5 (D)(c)"Fire fighter" meansaAN ACTIVE member, includ- 6 ing volunteer members and members paid on call, of a fire depart- 7 ment or other organization of THIS STATE, OF A FIRE PROTECTION 8 AUTHORITY, OR OF a city, county, township, or village who is 9 responsible for, or is in a capacitywhichTHAT includes 10 responsibility for, the extinguishment of fires, the directing of 11 the extinguishment of fires, the prevention and detection of 12 fires,andthe enforcement of the general fire laws of this 13 state, AND OTHER FIRE-RELATED SERVICES.This definition shall14not apply to a person whose job description, duties, or responsi-15bilities do not include direct involvement in fire suppression.16 (E) "FIRE FIGHTER TRAINING" MEANS TRAINING DESIGNED AND 17 INTENDED TO ENHANCE THE DELIVERY OF FIRE DEPARTMENT SERVICES BY 18 EMPLOYEES OF STATE AND LOCAL AGENCIES AND FOR 1 OR MORE OF THE 19 FOLLOWING: 20 (i) A PROGRAM PRESENTED BY THE ELIGIBLE ENTITY ITSELF OR BY 21 A CONTRACTUAL PROVIDER HIRED BY THAT ELIGIBLE ENTITY. 22 (ii) A COURSE OR INSTRUCTION PACKAGE PROVIDED TO AN ELIGIBLE 23 TRAINEE FOR THE PAYMENT OF A FEE OR TUITION. 24 (iii) SELF-EDUCATION PRESENTED BY MEANS OF AUDIOVISUAL 25 MATERIALS. 26 (F)(d)"Fire department or other organization" means an 27 organization or departmentwhichTHAT provides fire suppression 03395'99 3 1 and other fire-related services FOR THIS STATE OR within a city, 2 village, township, or county. 3 Sec. 3. (1) The fire fighters training council ishereby4 created within the department of state police and shall consist 5 of79 members selected as follows: 6 (a) The director of THE DEPARTMENT OF state police, or his 7 or her designated representative,shall be ex-officio aAS AN 8 EX OFFICIO member. 9 (b) Two members appointed to the council by the governor 10 from a list of 5 active members submitted by the Michigan fire 11 chief's association. 12 (c) One member appointed to the council by the governor from 13 a list of 3 active fire fighters submitted by the Michigan state 14 fire fighter'sassociationUNION. 15 (d) One member appointed to the council by the governor from 16 a list of 3 names submitted by the Michigan state firemen's 17 association. 18 (e) One member appointed to the council by the governor from 19 a list of 3 names submitted by themetropolitan club of America,20incorporatedMICHIGAN INSURANCE FEDERATION. 21 (f) One member appointed to the council by the governor from 22 a list of2 names submitted by the Michigan townships associa-23tion and 2 names submitted by the Michigan municipal league3 24 NAMES SUBMITTED BY THE MICHIGAN FIRE SERVICE INSTRUCTORS 25 ASSOCIATION. 26 (G) ONE MEMBER APPOINTED TO THE COUNCIL BY THE GOVERNOR FROM 27 A LIST OF 3 NAMES SUBMITTED BY THE MICHIGAN MUNICIPAL LEAGUE. 03395'99 4 1 (H) ONE MEMBER APPOINTED TO THE COUNCIL BY THE GOVERNOR FROM 2 A LIST OF 3 NAMES SUBMITTED BY THE MICHIGAN TOWNSHIPS 3 ASSOCIATION. 4 (2) All appointments TO THE COUNCIL made by the governor 5 shall be with the advice and consent of the senate. 6 Sec. 4. (1) Members of the council shall hold office for a 7 term of 3 years, except that of the members first appointed from 8 nominees submitted by the Michigan state fire chief's associa- 9 tion, 1 shall be appointed for 3 years and 1 for 2 years. 10 (2) THE GOVERNOR SHALL APPOINT THE MEMBERS ADDED BY THE 11 AMENDATORY ACT THAT ADDED THIS SUBSECTION FOR A LENGTH OF TIME OF 12 AT LEAST 1 YEAR BUT NOT TO EXCEED 3 YEARS IN SUCH A WAY AS TO 13 ENSURE THAT THE TERMS OF NOT MORE THAN 3 MEMBERS OF THE COUNCIL 14 EXPIRE AT THE SAME TIME. 15 (3) A vacancy created other than by expiration of a term 16 shall be appointed for the unexpired term of the member who is to 17 succeed in the same manner as the original appointment. Any 18 member may be reappointed for additional terms. 19 Sec. 6. (1) The council shall meet at least 4 times each 20 year and shall hold special meetings when called by the chair- 21 person or, in the absence of the chairperson, by the 22 vice-chairperson or when called by the chairperson upon the writ- 23 ten request of46 members of the council. 24 (2) The businesswhichTHAT the council may perform shall 25 be conducted at a public meetingof the councilheld in compli- 26 ance withAct No. 267 of the Public Acts of 1976, as amended,27being sections 15.261 to 15.275 of the Michigan Compiled Laws03395'99 5 1 THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. Public 2 notice of the time, date, and place of the meeting shall be given 3 in the manner required byAct No. 267 of the Public Acts of41976, as amendedTHE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 5 TO 15.275. 6 (3) The council shall establish its own procedures and 7 requirements with respect to quorum, place, and conduct of its 8 meetings and other matters. 9 Sec. 9. (1) The council shall prepare and publish standards 10 with due consideration to varying factors and special require- 11 ments of fire departments or other organizations in the following 12 areas: 13 (a) Advisory standards of physical, educational, mental and 14 moral fitness which shall govern the recruitment, selection, and 15 appointment of fire fighters. 16 (b) The approval by the council of fire fighter training 17 schools. The standards shall address, at least, the following 18 issues: 19 (i) The qualification and certification of instructors. 20 (ii) The courses of study, attendance, record-keeping 21 requirements, equipment, and facilities. 22 (iii) The visitation and evaluation of instructors and 23 schools by the council. 24 (c) The establishment of subordinate regional training cen- 25 ters in strategic geographic locations in order to serve the 26 greatest number of fire departments OR OTHER ORGANIZATIONS that 27 are unable to support their own FIRE FIGHTER training programs. 03395'99 6 1 (2) Each fire department or other organization shall file a 2 statement with the council designating at least 1 training offi- 3 cer or training coordinator for the fire department by 4 November 30, 1988. If a training officer or training coordinator 5 is changed, the fire department or other organization, within 7 6 days of the change, shall file a statement notifying the council 7 of the change. 8(3) The council shall develop and provide to each fire9department or other organization, upon request of the fire10department or other organization and at no charge, a videotape to11be used in training fire fighters. The videotape shall not12include training that requires a practical demonstration. The13videotape shall be based on the fire fighters I and II standards14set forth in the "fire fighter professional qualifications",15national fire protection association pamphlet no. 1001, 198716edition. The council may impose a reasonable fee for loss,17damage, or late return of a videotape provided to a fire depart-18ment or other organization under this subsection.19 (3)(4)The council shall develop and administer an exami- 20 nation, which shall include a practical demonstration, a written 21 or oral test, or a combination thereof, to determine a person's 22 competency in regard to the knowledge and skill requirements set 23 forth in fire fighter I and II standards of the "fire fighter 24 professional qualifications", national fire protection associa- 25 tion pamphlet no. 1001, 1987 edition OR ANY OTHER STANDARDS OR 26 EXAMINATIONS AS DEVELOPED BY THE COUNCIL. The council, upon the 27 request of a fire department or other organization, shall 03395'99 7 1 administer the examination in each county at least once every 2 year. The examination shall be administered in 2 parts. Part 1 3 shall test the knowledge and skill requirements set forth in fire 4 fighter I, and part 2 shall test the knowledge and skill require- 5 ments set forth in fire fighter II. The examination may be 6 retaken, as necessary, upon request from a fire department or 7 other organization. 8 (4)(5)Within 12 months after a person's hiring date as a 9 full-time fire fighter, the person must pass both part 1 and part 10 2 of the examination to be eligible for continued or permanent 11 full-time employment as a fire fighter. 12 (5)(6)Within 24 months after a person's appointment date 13 as a volunteer or paid on-call fire fighter, a person must pass 14 part 1 of the examination to be eligible for continued volunteer 15 or paid on-call service as a fire fighter. 16 (6)(7)The examination described in this sectionshall17 DOES not apply to a person who is employed or under appointment 18 as a fire fighter on October 1, 1988, unless a person subse- 19 quently changes his or her status from a volunteer or paid 20 on-call fire fighter to a full-time fire fighter. 21 (7)(8)The council shall review and monitor the state and 22 federal standards relating to live fire FIGHTER training exer- 23 cises in structures and make recommendations to the general 24 industry safety standards commission for any new or modified 25 standards which in their opinion are necessary for the protection 26 of fire fighter trainees. 03395'99 8 1 Sec. 12.ThereTHE COUNCIL shallbeAPPOINT an 2 executivesecretaryDIRECTOR of the councilwho shall be3appointed by the council, andwho shall hold office during the 4 pleasure of the council. He OR SHE shall perform such functions 5 and duties asmay beassignedto himby the council. He OR 6 SHE shall receive compensation and reimbursement for expenses 7 within the amounts available by appropriation. 8 Sec. 13. (1) There is created in the state treasury a fire 9 fighters training fund.from which the legislature shall appro-10priate such sums as are deemed necessary for the purposes of this11act but in no case shall such appropriations be in excess of 75%12of the amounts paid into the fund.THE MONEY IN THE FIRE FIGHT- 13 ERS TRAINING FUND IS RESTRICTED AND SHALL NOT REVERT TO THE GEN- 14 ERAL FUND AT THE END OF ANY FISCAL YEAR AND SHALL BE AVAILABLE 15 FOR THE PURPOSES FOR WHICH THE FIRE FIGHTERS TRAINING FUND WAS 16 CREATED. ANY INTEREST OR EARNINGS OF THE FIRE FIGHTERS TRAINING 17 FUND SHALL BE DEPOSITED BACK INTO THE FIRE FIGHTERS TRAINING 18 FUND. THE FIRE FIGHTERS TRAINING FUND SHALL BE AUDITED BY THE 19 AUDITOR GENERAL EVERY 2 YEARS. 20 (2) THE FIRE FIGHTERS TRAINING FUND IS COMPRISED OF MONEY 21 COLLECTED PURSUANT TO SECTION 452 OF THE INSURANCE CODE OF 1956, 22 1956 PA 218, MCL 500.452. 23 (3) THE COUNCIL SHALL ANNUALLY DISTRIBUTE THE FIRE FIGHTERS 24 TRAINING FUND IN THE FOLLOWING MANNER: 25 (A) SIXTY PERCENT TO THE ELIGIBLE ENTITIES TO BE USED FOR 26 FIRE FIGHTER TRAINING OF THE MEMBERS OF THE ELIGIBLE ENTITIES. 03395'99 9 1 (B) AN AMOUNT SUFFICIENT TO COVER THE REASONABLE OPERATIONAL 2 EXPENSES OF THE COUNCIL BUT NOT TO EXCEED 20% OR $1,500,000.00, 3 WHICHEVER IS GREATER. 4 (C) THE BALANCE REMAINING AFTER THE DISTRIBUTIONS UNDER SUB- 5 DIVISIONS (A) AND (B) TO COMPETITIVELY AWARDED GRANTS TO ELIGIBLE 6 ENTITIES WHO APPLY AND ARE APPROVED. 7 (4) AN ELIGIBLE ENTITY RECEIVING A DISBURSEMENT FROM THE 8 FIRE FIGHTERS TRAINING FUND UNDER THIS SECTION SHALL USE THE 9 ENTIRE DISBURSEMENT FOR THE FIRE FIGHTER TRAINING AND ANY EQUIP- 10 MENT OR SERVICES DIRECTLY UTILIZED TO FACILITATE THAT FIRE 11 FIGHTER TRAINING. THAT FIRE FIGHTER TRAINING SHALL OCCUR WITHIN 12 3 YEARS AFTER RECEIVING THE DISBURSEMENT. AN ELIGIBLE ENTITY 13 FAILING OR REFUSING TO USE THE DISBURSEMENT IN THE MANNER PRO- 14 VIDED FOR IN THIS SUBSECTION IS DISQUALIFIED FROM RECEIVING AN 15 ADDITIONAL DISBURSEMENT UNTIL THE ELIGIBLE ENTITY DEMONSTRATES TO 16 THE COUNCIL THAT THE ENTIRE PRIOR DISBURSEMENT WAS USED IN THE 17 MANNER PROVIDED FOR IN THIS SUBSECTION. 18 (5) THE DISBURSEMENTS SHALL BE MADE IN 2 SEMIANNUAL INSTALL- 19 MENTS ON DATES DETERMINED BY THE COUNCIL. THE FIRE FIGHTERS 20 TRAINING FUND SHALL BE DISBURSED TO ELIGIBLE ENTITIES ON A PER 21 CAPITA BASIS OF FIRE FIGHTERS EMPLOYED BY THE ELIGIBLE ENTITIES. 22 ONLY A FIRE FIGHTER WHO HAS COMPLETED THE REQUIREMENTS OF SECTION 23 9(4) OR (5), AS APPLICABLE, SHALL BE INCLUDED IN THE PER CAPITA 24 COUNT UNDER THIS SUBSECTION. EACH QUALIFIED ELIGIBLE ENTITY 25 SHALL RECEIVE A MINIMUM DISBURSEMENT OF $500.00. 26 (6) AN ELIGIBLE ENTITY SHALL MAKE AND MAINTAIN DETAILED 27 RECORDS OF THE ACTUAL COSTS ASSOCIATED WITH THE PREPARATION FOR, 03395'99 10 1 THE ADMINISTRATION OF, AND THE CONDUCT OF A FIRE FIGHTER TRAINING 2 PROGRAM FINANCED IN WHOLE OR IN PART BY A DISBURSEMENT UNDER THIS 3 SECTION AND SHALL ANNUALLY REPORT TO THE COUNCIL ON THE RESULTS 4 OF ITS FIRE FIGHTER TRAINING PROGRAMS. THE ELIGIBLE ENTITY SHALL 5 SEPARATELY IDENTIFY EACH PROGRAM. 6 (7) THE COUNCIL SHALL ANNUALLY REPORT TO THE LEGISLATURE ON 7 THE RESULTS OF THE DISBURSEMENTS. 8 (8) THE COUNCIL SHALL NOT DISBURSE MONEY FROM THE FIRE 9 FIGHTERS TRAINING FUND UNDER THIS SECTION FOR ANY OF THE FOLLOW- 10 ING PURPOSES: 11 (A) FIRE FIGHTER TRAINING CONDUCTED BY A PROVIDER NOT BASED 12 IN THIS STATE OR FIRE FIGHTER TRAINING NOT OCCURRING IN THIS 13 STATE OR COUNTRY UNLESS THE FIRE FIGHTER TRAINING HAS BEEN 14 APPROVED BY THE COUNCIL. 15 (B) MEAL EXPENDITURES IN EXCESS OF THE PER DIEM MEAL EXPEN- 16 DITURES AUTHORIZED BY THE DEPARTMENT OF MANAGEMENT AND BUDGET FOR 17 CIVIL SERVICE EMPLOYEES. 18 (C) EXPENDITURES FOR ALCOHOLIC BEVERAGES. 19 (D) TRAVEL COSTS ASSOCIATED WITH FIRE FIGHTER TRAINING PRO- 20 GRAMS UNLESS THE FIRE FIGHTER TRAINING IS THE SOLE PURPOSE OF THE 21 PROGRAM OR UNLESS THE PROGRAM OFFERS AT LEAST 6 HOURS OF QUALI- 22 FIED FIRE FIGHTER TRAINING WITHIN A 24-HOUR PERIOD. 23 (E) THE PUBLICATION OF A NEWSLETTER. 24 Sec. 14. (1) TheamountsAMOUNT annually appropriated by 25 the legislature shall be paid by the state treasurer in accord- 26 ance with the accounting laws of the state upon certification of 27 the executivesecretary of the councilDIRECTOR for the purpose 03395'99 11 1 of reimbursing the city, county, township, or village for regular 2 fire fighters in the fire department OR OTHER ORGANIZATION in an 3 amount not to exceed 1/2 of the salary paid to each fire fighter 4 meeting the recruitment standards and participating in FIRE 5 FIGHTER training meeting the standard prescribed pursuant to this 6 act during the period covered by the allocation, plus $8.00 of 7 the necessary living expenses incurred by such fire fighter which 8 are necessitated by FIRE FIGHTER training requiring that he OR 9 SHE be away from his OR HER residence overnight. 10 (2) TheamountsAMOUNT annually appropriated by the legis- 11 lature shall be paid by the state treasurer in accordance with 12 the accounting laws of the state upon certification of the execu- 13 tivesecretary of the councilDIRECTOR for the purpose of reim- 14 bursing the city, county, township, or village for volunteer fire 15 fighters in an amount not to exceed $12.50 for lost wages, to be 16 matched by the local municipality for each fire fighter meeting 17 the recruitment standards and participating in FIRE FIGHTER 18 training meeting the standard prescribed pursuant to this act 19 during the period covered by the allocation, plus $8.00 of the 20 necessary living expenses, to be matched by the local municipali- 21 ty, incurred bysuchTHAT fire fighter which are necessitated 22 by FIRE FIGHTER training requiring that he OR SHE be away from 23 his OR HER residence overnight. 24 (3) If themoneysMONEY in the fire fighter training fund 25 to be appropriated by the legislature for such salary and expense 26 reimbursementareIS insufficient to allocatesuchTHAT 27 amount to each participating city, county, township, or village, 03395'99 12 1 the amount allocated to each shall be reduced proportionately. 2 In no event shall any allocations be made to any city, county, 3 township, or villagewhichTHAT has not, throughout the period 4 covered by the allocation, adhered to the standards established 5 by the council as applicable to personnel recruited or trained by 6suchTHAT city, county, township, or village during such 7 period. 8 Sec. 15. (1) Anycity, county, township or village which9 ELIGIBLE ENTITY THAT desires to receiveaidA DISBURSEMENT pur- 10 suant tothis actSECTION 13 shallmake applicationAPPLY to 11 the council for suchaidDISBURSEMENT. 12 (2) A DISBURSEMENT SHALL BE IN COMPLIANCE WITH SECTION 13(3) 13 AND (4). 03395'99 Final page. LBO