HOUSE BILL No. 5347


     October 29, 2001, Introduced by Reps. Allen, Raczkowski, Bisbee, DeRossett, Stamas, Mortimer, George, DeWeese, Shackleton, Mead, Cassis,
Middaugh, Julian, Bishop, Toy, Birkholz, Cameron Brown, Richardville and Vander Veen and referred to the Committee on Insurance and Financial
Services.


        A bill to amend 1966 PA 291, entitled

   "Fire fighters training council act of 1966,"

   by amending sections 2, 3, 9, 12, 13, and 14 (MCL 29.362, 29.363,

   29.369, 29.372, 29.373, and 29.374), sections 2 and 3 as amended

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

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 2.  As used in this act:

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           (a) "Council" means the fire fighters training council.

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           (b) "Executive  secretary  DIRECTOR" means the executive

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       secretary  DIRECTOR of the council.

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           (c) "Fire fighter" means  a  AN ACTIVE member, including

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      volunteer members and members paid on call, of a fire department

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      or other organization of THIS STATE, OF A FIRE PROTECTION

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      AUTHORITY, OR OF a city, county, township, or village who is

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      responsible for, or is in a capacity  which  THAT includes


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      responsibility for, the extinguishment of fires, the directing of

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      the extinguishment of fires, the prevention and detection of

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

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      state, AND OTHER FIRE-RELATED SERVICES.   This definition shall

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      not apply to a person whose job description, duties, or responsi-

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      bilities do not include direct involvement in fire suppression.

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           (D) "FIRE FIGHTER TRAINING" MEANS TRAINING DESIGNED AND

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      INTENDED TO ENHANCE THE DELIVERY OF FIRE DEPARTMENT SERVICES BY A

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      FIRE DEPARTMENT INCLUDING 1 OR MORE OF THE FOLLOWING:

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           (i) A PROGRAM PRESENTED BY THE FIRE DEPARTMENT ITSELF OR BY

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      A CONTRACTUAL PROVIDER HIRED BY THAT FIRE DEPARTMENT.

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           (ii) A COURSE OR INSTRUCTION PACKAGE PROVIDED TO A FIRE

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      DEPARTMENT FOR THE PAYMENT OF A FEE OR TUITION.

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           (iii) MATERIALS AND PROGRAMS RELATING TO AND USED FOR FIRE

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      FIGHTER TRAINING.

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

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      organization or department  which  THAT provides fire suppression

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      and other fire-related services FOR THIS STATE OR within a city,

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      village, township, or county AND IS A FIRE DEPARTMENT OF A CITY,

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      VILLAGE, TOWNSHIP, OR COUNTY, OR A FIRE SERVICE DESIGNATED BY A

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      CITY, VILLAGE, TOWNSHIP, OR COUNTY PURSUANT TO A CONTRACT.  FIRE

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      DEPARTMENT INCLUDES A DEPARTMENT OF COUNTY EMPLOYEES WHO ARE

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      RESPONSIBLE FOR FIRE SUPPRESSION AND OTHER FIRE-RELATED SERVICES

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      FOR AN AIRPORT OPERATED BY A COUNTY OR AN AGENCY OF THE COUNTY.

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           Sec. 3.  (1) The fire fighters training council is  hereby

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      created within the department of state police and shall consist

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      of 7 members selected as follows:



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           (a) The director of THE DEPARTMENT OF state police, or his

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      or her designated representative,  shall be ex-officio a  AS AN

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      EX OFFICIO member.

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

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      from a list of 5  active members  NAMES submitted by the Michigan

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      STATE fire chief's association.

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

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      a list of 3  active fire fighters  NAMES submitted by the

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      Michigan state fire fighter's  association  UNION.

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

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

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      association.

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

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      a list of  3  2 names submitted by the  metropolitan club of

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      America, incorporated  MICHIGAN TOWNSHIPS ASSOCIATION AND 2 NAMES

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      SUBMITTED BY THE MICHIGAN MUNICIPAL LEAGUE.

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

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      a list of  2 names submitted by the Michigan townships associa-

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      tion and 2 names submitted by the Michigan municipal league  3

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      NAMES SUBMITTED BY THE MICHIGAN FIRE SERVICE INSTRUCTORS

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      ASSOCIATION.

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           (2) All appointments TO THE COUNCIL made by the governor

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      shall be with the advice and consent of the senate.

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           Sec. 9.  (1) The council shall prepare and publish standards

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      with due consideration to varying factors and special require-

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      ments of fire departments or other organizations in the following

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      areas:



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

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      moral fitness which shall govern the recruitment, selection, and

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      appointment of fire fighters.

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

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

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      issues:

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           (i) The qualification and certification of instructors.

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

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      requirements, equipment, and facilities.

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           (iii) The visitation and evaluation of instructors and

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      schools by the council.

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           (c) The establishment of subordinate regional training cen-

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      ters in strategic geographic locations in order to serve the

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      greatest number of fire departments that are unable to support

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      their own FIRE FIGHTER training programs.

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           (2) Each fire department  or other organization  shall file

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      a statement with the council designating at least 1 training

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      officer or training coordinator for the fire department by

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

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      is changed, the fire department,  or other organization,  within

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      7 days of the change, shall file a statement notifying the coun-

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      cil of the change.

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

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      department or other organization, upon request of the fire

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      department or other organization and at no charge, a videotape to

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      be used in training fire fighters.  The videotape shall not

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      include training that requires a practical demonstration.  The



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      videotape shall be based on the fire fighters I and II standards

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      set forth in the "fire fighter professional qualifications",

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      national fire protection association pamphlet no. 1001, 1987

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      edition.  The council may impose a reasonable fee for loss,

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      damage, or late return of a videotape provided to a fire depart-

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      ment or other organization under this subsection.

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           (3)  (4)  The council shall develop and administer an exami-

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      nation, which shall include a practical demonstration, a written

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      or oral test, or a combination thereof, to determine a person's

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      competency in regard to the knowledge and skill requirements set

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      forth in  fire fighter I and II standards of the "fire fighter

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      professional qualifications", national fire protection associa-

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      tion pamphlet no. 1001, 1987 edition  STANDARDS PURSUANT TO RULES

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      PROMULGATED BY THE COUNCIL UNDER SECTION 16 OR ADOPTED BY REFER-

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      ENCE IN THE MANNER PROVIDED FOR BY LAW.  The council, upon the

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      request of a fire department,  or other organization,  shall

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      administer the examination in each county at least once every

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      year.   The examination shall be administered in 2 parts.  Part 1

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      shall test the knowledge and skill requirements set forth in fire

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      fighter I, and part 2 shall test the knowledge and skill require-

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      ments set forth in fire fighter II.  The examination may be

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      retaken, as necessary, upon request from a fire department or

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      other organization.

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

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      full-time fire fighter, the person must pass  both part 1 and

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      part 2 of  the examination DESCRIBED IN SUBSECTION (3) to be





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      eligible for continued or permanent full-time employment as a

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      fire fighter.

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

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

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       part 1 of  the examination DESCRIBED IN SUBSECTION (3) to be

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      eligible for continued volunteer or paid on-call service as a

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      fire fighter.

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           (6)  (7)  The examination described in this section 
   shall

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      DOES not apply to a person who is employed or under appointment

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      as a fire fighter on October 1, 1988, unless a person subse-

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      quently changes his or her status from a volunteer or paid

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      on-call fire fighter to a full-time fire fighter.

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           (7)  (8)  The council shall review and monitor the state and

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      federal standards relating to live fire FIGHTER training exer-

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      cises in structures and make recommendations to the general

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      industry safety standards commission for any new or modified

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      standards which in their opinion are necessary for the protection

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      of fire fighter trainees.

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           Sec. 12.   There  THE COUNCIL shall  be  APPOINT an
   execu-

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      tive  secretary  DIRECTOR of the council  who shall be appointed

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      by the council, and  who shall hold office during the pleasure of

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      the council.  He OR SHE shall perform such functions and duties

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      as  may be  assigned  to him  by the council.  He OR SHE shall

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      receive compensation and reimbursement for expenses within the

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      amounts available by appropriation.

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           Sec. 13.  (1) There is created in the state treasury a fire

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      fighters training fund.  from which the legislature shall



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      appropriate such sums as are deemed necessary for the purposes of

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      this act but in no case shall such appropriations be in excess of

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      75% of the amounts paid into the fund.  THE MONEY IN THE FIRE

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      FIGHTERS TRAINING FUND IS RESTRICTED AND SHALL NOT REVERT TO THE

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      GENERAL FUND AT THE END OF ANY FISCAL YEAR AND SHALL BE AVAILABLE

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      FOR THE PURPOSES FOR WHICH THE FIRE FIGHTERS TRAINING FUND WAS

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      CREATED.  ANY INTEREST OR EARNINGS OF THE FIRE FIGHTERS TRAINING

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      FUND SHALL BE DEPOSITED BACK INTO THE FIRE FIGHTERS TRAINING

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      FUND.  THE FIRE FIGHTERS TRAINING FUND SHALL BE AUDITED BY THE

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      AUDITOR GENERAL EVERY 2 YEARS.

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           (2) THE FIRE FIGHTERS TRAINING FUND IS COMPRISED OF MONEY

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      COLLECTED PURSUANT TO SECTION 452 OF THE INSURANCE CODE OF 1956,

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      1956 PA 218, MCL 500.452.

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           (3) THE COUNCIL SHALL ANNUALLY DISTRIBUTE THE FIRE FIGHTERS

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      TRAINING FUND AS FOLLOWS:

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           (A) SEVENTY-FIVE PERCENT TO THE FIRE DEPARTMENTS TO BE USED

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      FOR THE TRAINING OF THE MEMBERS OF THE FIRE DEPARTMENT.

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           (B) AN AMOUNT SUFFICIENT TO COVER THE REASONABLE OPERATIONAL

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      EXPENSES OF THE COUNCIL BUT NOT TO EXCEED 25% OR $2,000,000.00,

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      WHICHEVER IS GREATER.

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           (C) THE BALANCE REMAINING AFTER THE DISTRIBUTIONS UNDER SUB-

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      DIVISIONS (A) AND (B) SHALL REMAIN IN THE FUND FOR DISBURSEMENT

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      IN THE FOLLOWING YEARS.

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           (4) A FIRE DEPARTMENT RECEIVING A DISBURSEMENT FROM THE FIRE

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      FIGHTERS TRAINING FUND UNDER THIS SECTION SHALL USE THE ENTIRE

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      DISBURSEMENT FOR FIRE FIGHTER TRAINING AND ANY EQUIPMENT OR

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      SERVICES DIRECTLY UTILIZED TO FACILITATE THAT FIRE FIGHTER



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      TRAINING.  FIRE FIGHTER TRAINING SHALL OCCUR WITHIN 3 YEARS AFTER

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      RECEIVING A DISBURSEMENT.  A FIRE DEPARTMENT FAILING OR REFUSING

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      TO USE A DISBURSEMENT IN THE MANNER PROVIDED FOR IN THIS SUBSEC-

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      TION IS DISQUALIFIED FROM RECEIVING AN ADDITIONAL DISBURSEMENT

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      UNTIL THE FIRE DEPARTMENT DEMONSTRATES TO THE COUNCIL THAT THE

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      ENTIRE PRIOR DISBURSEMENT WAS USED IN THE MANNER PROVIDED FOR IN

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      THIS SUBSECTION.

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           (5) DISBURSEMENTS UNDER THIS SECTION SHALL BE MADE IN ANNUAL

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      INSTALLMENTS ON A DATE DETERMINED BY THE COUNCIL.  FUNDS IN THE

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      FIRE FIGHTERS TRAINING FUND SHALL BE DISBURSED TO FIRE DEPART-

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      MENTS USING A WEIGHTED FORMULA UTILIZING POPULATION AND STATE

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      EQUALIZED VALUE WITHIN THE LOCAL UNIT OF GOVERNMENT ESTABLISHING

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      THE FIRE DEPARTMENT.  POPULATION SHALL COUNT FOR 50% OF THE

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      WEIGHTED FACTOR AND STATE EQUALIZED VALUATION SHALL COUNT FOR

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      50%.  EACH FIRE DEPARTMENT SHALL RECEIVE A MINIMUM DISBURSEMENT

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      AS DETERMINED BY THE COUNCIL.

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           (6) A FIRE DEPARTMENT UTILIZING MONEY FROM THE FIRE FIGHTERS

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      TRAINING FUND SHALL MAKE AND MAINTAIN DETAILED RECORDS OF THE

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      ACTUAL COSTS ASSOCIATED WITH THE PREPARATION FOR, THE ADMINISTRA-

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      TION OF, AND THE CONDUCT OF A FIRE FIGHTER TRAINING PROGRAM

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      FINANCED IN WHOLE OR IN PART BY A DISBURSEMENT UNDER THIS SECTION

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      AND SHALL ANNUALLY REPORT TO THE COUNCIL ON THE RESULTS OF ITS

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      FIRE FIGHTER TRAINING PROGRAMS AS PRESCRIBED BY THE COUNCIL.  THE

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      FIRE DEPARTMENT SHALL SEPARATELY IDENTIFY EACH COST.

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           (7) THE COUNCIL SHALL ANNUALLY REPORT TO THE GOVERNOR AND

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      EACH HOUSE OF THE LEGISLATURE.  THE REPORT SHALL INCLUDE

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      INFORMATION REGARDING THE STANDARDS ESTABLISHED UNDER THIS ACT,



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      THE DEGREE OF PARTICIPATION OF THE MUNICIPALITIES, AND THE NATURE

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      OF THE DISBURSEMENTS FROM THE FIRE FIGHTERS TRAINING FUND.

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           (8) THE COUNCIL SHALL NOT DISBURSE MONEY FROM THE FIRE

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      FIGHTERS TRAINING FUND UNDER THIS SECTION FOR ANY OF THE FOLLOW-

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      ING PURPOSES:

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           (A) FIRE FIGHTER TRAINING CONDUCTED BY A PROVIDER NOT BASED

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      IN THIS STATE OR FIRE FIGHTER TRAINING NOT OCCURRING IN THIS

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      STATE UNLESS THE FIRE FIGHTER TRAINING HAS BEEN APPROVED BY THE

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      COUNCIL.

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           (B) MEAL EXPENDITURES IN EXCESS OF THE PER DIEM MEAL EXPEN-

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      DITURES AUTHORIZED BY THE DEPARTMENT OF MANAGEMENT AND BUDGET FOR

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      CIVIL SERVICE EMPLOYEES.

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           (C) EXPENDITURES FOR ALCOHOLIC BEVERAGES.

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           (D) TRAVEL COSTS ASSOCIATED WITH FIRE FIGHTER TRAINING PRO-

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      GRAMS UNLESS THE FIRE FIGHTER TRAINING IS THE SOLE PURPOSE OF THE

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      PROGRAM OR UNLESS THE PROGRAM OFFERS AT LEAST 6 HOURS OF QUALI-

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      FIED FIRE FIGHTER TRAINING WITHIN A 24-HOUR PERIOD.

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           (E) WAGES OF FIRE FIGHTERS ATTENDING FIRE FIGHTER TRAINING,

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      SUBJECT TO SECTION 14(2).

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           Sec. 14.  (1) The  amounts  AMOUNT annually appropriated by

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      the legislature shall be paid by the state treasurer in accord-

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      ance with the accounting laws of the state upon certification of

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      the executive  secretary of the council  DIRECTOR for the purpose

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      of reimbursing the city, county, township, or village for regular

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      fire fighters in the fire department OR OTHER ORGANIZATION in an

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      amount not to exceed 1/2 of the salary paid to each fire fighter

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      meeting the recruitment standards and participating in FIRE



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      FIGHTER training meeting the standard prescribed pursuant to this

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      act during the period covered by the allocation, plus $8.00 of

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      the necessary living expenses incurred by such fire fighter which

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      are necessitated by FIRE FIGHTER training requiring that he OR

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      SHE be away from his OR HER residence overnight.

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           (2) The  amounts  AMOUNT annually appropriated by the legis-

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      lature shall be paid by the state treasurer in accordance with

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      the accounting laws of the state upon certification of the execu-

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      tive  secretary of the council  DIRECTOR for the purpose of reim-

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

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

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      matched by the local municipality for each fire fighter meeting

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      the recruitment standards and participating in FIRE FIGHTER

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      training meeting the standard prescribed pursuant to this act

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      during the period covered by the allocation, plus $8.00 of the

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      necessary living expenses, to be matched by the local municipali-

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      ty, incurred by  such  THAT fire fighter which are necessitated

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      by FIRE FIGHTER training requiring that he OR SHE be away from

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      his OR HER residence overnight.

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           (3) If the  moneys  MONEY in the fire fighter training fund

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      to be appropriated by the legislature for such salary and expense

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      reimbursement  are  IS insufficient to allocate  such  THAT

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

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      the amount allocated to each shall be reduced proportionately.

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      In no event shall any allocations be made to any city, county,

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      township, or village  which  THAT has not, throughout the period

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      covered by the allocation, adhered to the standards established



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      by the council as applicable to personnel recruited or trained by

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       such  THAT city, county, township, or village during such

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      period.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 5348

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      (request no. 03216'01) of the 91st Legislature is enacted into

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      law.










































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