Bill Text: MI SB1101 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Law enforcement; fire personnel; firefighters training council act; modify. Amends secs. 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 15 & 16 of 1966 PA 291 (MCL 29.362 et seq.) & adds secs. 9b, 11a & 11b.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-21 - Referred To Committee On Regulatory Reform [SB1101 Detail]

Download: Michigan-2015-SB1101-Introduced.html

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SENATE BILL No. 1101

 

 

September 21, 2016, Introduced by Senator STAMAS and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 1966 PA 291, entitled

 

"Firefighters training council act,"

 

by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 15,

 

and 16 (MCL 29.362, 29.363, 29.364, 29.365, 29.366, 29.367, 29.368,

 

29.369, 29.369a, 29.370, 29.371, 29.372, 29.375, and 29.376),

 

sections 2, 3, 4, 5, 8, and 11 as amended by 2006 PA 213, section 6

 

as amended and section 9a as added by 1980 PA 10, and section 9 as

 

amended by 2015 PA 203, and by adding sections 9b, 11a, and 11b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Certificate" means a numbered document issued by the

 

council to a person who has obtained certification under this act.

 

     (b) "Certification" means any of the following:

 

     (i) A determination by the council that a person meets the

 

certification requirements for a firefighter, full-time fire chief,

 

fire service inspector, fire service plan examiner, fire service

 

investigator, fire service instructor, or fire officer that is

 

authorized under this act to be employed as a council-certified

 

firefighter, full-time fire chief, fire service inspector, fire

 

service plan examiner, fire service investigator, fire service

 

instructor, or fire officer.

 

     (ii) A determination by the council that a person was employed

 

as a firefighter before October 1, 1988 and that the person is

 

authorized under this act to be employed as a firefighter.

 

     (iii) A determination by the council that a person was

 

employed as a full-time fire chief before January 1, 2017 and that

 

the person is authorized under this act to be employed as a full-

 

time fire chief.

 

     (c) "Contested case" means that term as defined in section 3

 

of the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.203.

 

     (d) (a) "Council" means the firefighters training council.

 

     (e) (b) "Executive secretary" director" means the executive

 

secretary director of the council.

 

     (f) "Felony" means a violation of a law of this state, another

 

state, or the United States that is either of the following:

 

     (i) Punishable by a term of imprisonment greater than 1 year.

 

     (ii) Expressly designated a felony by statute.

 

     (g) (c) "Firefighter" means a member, including full-time

 

members, volunteer members, part-time members, and members paid on

 

call, of an organized fire department who is responsible for, or

public safety department whose job description, duties, or

 

responsibilities include, or is in a capacity that includes

 

responsibility for, the extinguishment of fires, the directing of

 

the extinguishment of fires, the directing or management of fire

 

suppression activities, hazardous material response, technical

 

rescue, and airport rescue and firefighting, the prevention and

 

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

 

this state or the community he or she serves. Firefighter does not

 

include a person whose job description, duties, or responsibilities

 

do not include direct involvement in fire suppression.Firefighter

 

includes a public safety officer engaged in firefighter

 

responsibilities listed in this subdivision.

 

     (d) "Organized fire department" means that term as defined in

 

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

 

     (h) (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.an education or training program eligible to receive

 

grants for firefighter training from the fireworks safety fund

 

created in section 11 of the Michigan fireworks safety act, 2001 PA

 

256, MCL 28.461, designed and intended to enhance the ability of an

 

organized fire department or public safety department or the

 

personnel of an organized fire department or public safety

 

department to safeguard life and property from damage from

 

explosion, fire, or disaster, and to deliver fire suppression,

emergency medical service, hazardous material response, technical

 

rescue, airport rescue and firefighting, fire inspection, fire

 

investigation, fire safety education, and other related fire

 

services. Firefighter training includes, but is not limited to, the

 

training required for fire fighter I and fire fighter II

 

classifications under "standard for fire fighter professional

 

qualifications," National Fire Protection Association standard no.

 

1001.

 

     (i) "Fire officer" means a member, including full-time

 

members, volunteer members, part-time members, and members paid on

 

call of an organized fire department or public safety department

 

assigned a rank above firefighter who is responsible for, or is in

 

a capacity that includes responsibility for, performing supervisory

 

or management responsibilities of an emergency or nonemergency

 

nature within his or her assigned fire service agency. Fire officer

 

ranks include titles such as sergeant, lieutenant, captain, and

 

chief officer. Fire officer does not include full-time fire chiefs

 

and public safety directors and others as determined by the

 

council.

 

     (j) "Fire service inspector" means a member certified under

 

National Fire Protection Association standard no. 1031, including

 

full-time members, volunteer members, part-time members, and

 

members paid on call, of an organized fire department or public

 

safety department whose job description, duties, or

 

responsibilities include, or is in a capacity that includes

 

responsibility for, inspecting property for fire code violations

 

and enforcing the general fire codes of the jurisdiction that he or

she serves.

 

     (k) "Fire service instructor" means a current or retired

 

member, including full-time members, volunteer members, and members

 

paid on call of an organized fire department or public safety

 

department, or other individual who is certified to instruct 1 or

 

more council-approved fire service training programs.

 

     (l) "Fire service investigator" means a member, including

 

full-time members, volunteer members, part-time members, and

 

members paid on call of an organized fire department or public

 

safety department whose job description, duties, or

 

responsibilities include, or is in a capacity that includes

 

responsibility for, investigating the origin and cause of fires and

 

who has obtained the skills and knowledge necessary to conduct,

 

coordinate, and complete a fire investigation.

 

     (m) "Fire service member" means a person described in

 

subdivision (g), (i), (j), (k), (l), or (n).

 

     (n) "Fire service plan examiner" means a member certified

 

under National Fire Protection Association standard no. 1031,

 

including full-time members, volunteer members, part-time members,

 

and members paid-on-call of an organized fire department or public

 

safety department whose job description, duties, or

 

responsibilities include conducting plan reviews of construction

 

documents for compliance with the general fire codes of the

 

community that he or she services.

 

     (o) "Full-time" means usually working as a firefighter, fire

 

chief, fire service instructor, fire service inspector, fire

 

service plan examiner, fire service investigator, or fire officer,

or participating in activities directly related to working as a

 

firefighter, fire chief, fire service instructor, fire service

 

inspector, fire service plan examiner, fire service investigator,

 

or fire officer for not less than 40 hours during a 7-day period.

 

     (p) "Full-time fire chief" means an administrative head,

 

public safety director, or department head responsible for the

 

overall direct management of an organized fire department or public

 

safety department.

 

     (q) "Organized fire department" means that term as defined in

 

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

 

     (r) "Public safety department" means a department of a

 

municipality, city, village, township, or county providing both law

 

enforcement and fire services either separately or utilizing a

 

combined response force with personnel trained and certified as

 

both firefighters under this act and law enforcement officers under

 

the commission on law enforcement standards act, 1965 PA 203, MCL

 

28.601 to 28.616, under the direction and administration of a

 

single director.

 

     (s) "Rule" means a rule promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 3. (1) The firefighters training council is created in

 

the bureau of fire services in the department of labor and economic

 

growth licensing and regulatory affairs and shall consist of 7 9

 

members selected as follows:

 

     (a) The state fire marshal, or his or her designated

 

representative, shall be ex-officio ex officio a member.

 

     (b) Eight members appointed by the governor as follows:

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

 

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

 

association of fire chiefs.Association of Fire Chiefs or its

 

successor organization.

 

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

 

from a list of 3 or more members submitted by the Michigan

 

professional fire fighters union.Professional Fire Fighters Union

 

or its successor organization.

 

     (iii) (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.State Firemen's Association or its successor

 

organization.

 

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

 

from a list of 3 or more names submitted by the Michigan fire

 

service instructors association.Fire Service Instructors

 

Association or its successor organization.

 

     (v) One member from a list of 3 names submitted by the

 

Michigan Fire Inspectors Society or its successor organization.

 

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

 

from a list of 2 or more names submitted by the Michigan townships

 

association Township Association and 2 or more names submitted by

 

the Michigan municipal league.Municipal League or a respective

 

successor organization.

 

     (vii) One member from a list of 3 names submitted by the state

 

fire marshal. The state fire marshal shall submit the 3 individuals

 

from a list of individuals generated by each of the firefighters

 

training council member organizations listed in subparagraphs (i)

through (vi). The 3 individuals whose names are submitted under

 

this subdivision shall also be actively engaged in firefighting.

 

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

 

advice and consent of the senate.

 

     Sec. 4. (1) A member of the council appointed before January

 

1, 2007 Except as otherwise provided in this subsection, members of

 

the council appointed under section 3 shall be appointed for a term

 

of 3 4 years. A member of the council appointed after December 31,

 

2006 Of the members of the council appointed under section

 

3(1)(b)(i), 1 member shall be appointed for a term of 4 years and 1

 

member shall be appointed for a term of 3 years.

 

     (2) A vacancy created by the expiration of a term shall be

 

filled in the same manner as the original appointment.

 

     (3) 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. (1) The governor may designate a member of the council

 

to serve as council shall elect from among its members a

 

chairperson of the council at the pleasure of the governor. The

 

council may designate a member as and a vice-chairperson to serve

 

for 1 year. The vice-chairperson chairperson and the vice-

 

chairperson may be reelected.

 

     (2) Membership on the council does not constitute holding a

 

public office. Members of the council are not required to take and

 

file oaths of office before serving on the council.

 

     (3) The council shall not exercise any portion of the

sovereign power of this state.

 

     (4) A member of the council 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. 6. (1) The council shall meet at least not less than 4

 

times each year and shall hold special meetings when called by the

 

chairperson or, in the absence of the chairperson, by the vice-

 

chairperson. or when A special meeting of the council shall be

 

called by the chairperson upon the written request of 4 members of

 

the council.

 

     (2) The business which the council may perform shall be

 

conducted council shall conduct its business at a public meeting of

 

the council held in compliance with Act No. 267 of the Public Acts

 

of 1976, as amended, being sections 15.261 to 15.275 of the

 

Michigan Compiled Laws. the open meetings act, 1976 PA 267, MCL

 

15.261 to 15.275. Public notice of the time, date, and place of the

 

meeting shall be given in the manner required by Act No. 267 of the

 

Public Acts of 1976, as amended. the open meetings act, 1976 PA

 

267, MCL 15.261 to 15.275. The council shall establish its own

 

procedures and requirements with respect to quorum, place, and

 

conduct of its meetings and other matters.

 

     Sec. 7. The council shall make an annual report to the

 

governor and each house of the legislature which will include

 

including pertinent data regarding the standards established and

the degree of participation of municipalities organized fire

 

departments and public safety departments in the training program.

 

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

 

compensation, but shall be are 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 rules

 

establishing minimum standards for the certification of

 

firefighters, full-time fire chiefs, fire service instructors, fire

 

service inspectors, fire service plan examiners, fire service

 

investigators, and fire officers. In promulgating these rules, the

 

council shall give due consideration to varying factors and special

 

requirements of organized fire departments and public safety

 

departments, including the type of department, method of staffing

 

used by the department, geographic area served by the department,

 

services provided by the department, and the size of the community

 

the department serves, in the following areas:

 

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

 

and moral fitness , which that shall govern the recruitment,

 

selection, and appointment certification of firefighters, full-time

 

fire chiefs, fire service instructors, fire service investigators,

 

fire service inspectors, fire service plan examiners, and fire

 

officers.

 

     (b) The approval by the council of firefighter training

 

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

 

issues:

     (i) The qualification and certification of instructors.

 

     (ii) The minimum courses of study, applicable National Fire

 

Protection Association standards, attendance, record-keeping

 

requirements, equipment, and facilities.and instructional hours.

 

     (iii) Record-keeping requirements, equipment, and facilities.

 

     (iv) (iii) The visitation and evaluation of instructors and

 

schools.

 

     (c) The establishment of subordinate regional training centers

 

in strategic geographic locations in order to serve the greatest

 

number of organized fire departments and public safety departments

 

that are unable to support their own training programs.

 

     (2) Each organized fire department shall file a statement with

 

the council designating at least 1 training officer or training

 

coordinator for the fire department. If a training officer or

 

training coordinator is changed, the organized fire department,

 

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, upon request of the organized fire department and

 

at no charge, as proposed by the state fire marshal, training

 

material in an electronic format to be used in training

 

firefighters. The electronic training material shall be based on

 

the standards for fire fighter I and fire fighter II set forth in

 

"Standard for Fire Fighter Professional Qualifications", National

 

Fire Protection Association standard no. 1001.

 

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

 

council , shall develop and administer an a certification

examination, which shall include that includes 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 the standards for fire fighter I

 

and fire fighter II set forth in the "Standard for Fire Fighter

 

Professional Qualifications", National Fire Protection Association

 

standard no. 1001. The council , may administer the examination

 

upon the request of an organized fire department, shall administer

 

the examination in each county at least once every year. a county

 

training committee or regional training center at the conclusion of

 

a council-approved firefighter training school. The examination

 

shall may be administered in 2 parts. Part 1 shall must test the

 

knowledge and skill requirements set forth in fire fighter I, and

 

part 2 shall must test the knowledge and skill requirements set

 

forth in fire fighter II. The examination may be retaken, as

 

necessary, upon request from an organized fire department. The

 

examination may also be administered as a combined fire fighter I

 

and fire fighter II examination if requested by a county training

 

committee or regional training center. The council shall establish

 

eligibility criteria for firefighter trainees to retake a failed

 

written, oral, or practical certification examination.

 

     (3) (5) Except as provided in subsections (7), (8), and (9),

 

by after a person's initial hiring date and 12 months after a

 

person's hiring date of cumulated service as a full-time

 

firefighter, the person must pass both part 1 and part 2 of the

 

examination shall obtain council certification as a fire fighter II

 

to be eligible for continued or permanent full-time employment as a

firefighter.

 

     (4) (6) Except as provided in subsections (7), (8), and (9),

 

by after a person's appointment date and 24 months after a person's

 

appointment date of cumulated service as a volunteer or paid on-

 

call firefighter, a person must pass part 1 of the examination the

 

person shall obtain council certification as a fire fighter I to be

 

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

 

firefighter.

 

     (5) A full-time fire chief hired after January 1, 2017 shall

 

obtain council certification as a council-certified fire chief not

 

more than 3 years after his or her date of hire.

 

     (6) The council shall grant certification to a person meeting

 

the minimum standards to work as a firefighter or full-time fire

 

chief at the time he or she is employed as a firefighter or full-

 

time fire chief.

 

     (7) The council shall grant certification to a person who was

 

employed as a firefighter before October 1, 1988 or a full-time

 

fire chief before January 1, 2017 who does not meet the firefighter

 

or full-time fire chief minimum standards established by the

 

council under this act if the person is otherwise authorized to be

 

employed as a firefighter or full-time fire chief under this

 

section.

 

     (8) (7) The firefighter certification examination requirements

 

under this section do not apply to a person who is employed or

 

under appointment as a firefighter on October 1, 1988, unless the

 

person subsequently changes his or her status from a volunteer or

 

paid on-call firefighter to a full-time firefighter. The state fire

marshal council may waive the examination requirements under this

 

section for a veteran who served in and is separated from the armed

 

forces and provides a form DD214 or DD215 or any other form that is

 

satisfactory to the department that demonstrates that he or she was

 

separated from service with an honorable character of service or

 

under honorable conditions (general) character of service, upon

 

verification that the veteran completed firefighter training that

 

meets the standards for fire fighter I and fire fighter II set

 

forth in the "Standard for Fire Fighter Professional

 

Qualifications", National Fire Protection Association standard no.

 

1001, while serving in the armed forces of the United States. As

 

used in this subsection, "armed forces" means that term as defined

 

in section 2 of the veteran right to employment services act, 1994

 

PA 39, MCL 35.1092.the army, air force, navy, marine corps, coast

 

guard, or other military force designated by Congress as part of

 

the armed forces of the United States.

 

     (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 necessary for the protection of

 

firefighter trainees.

 

     (9) The state fire marshal council shall waive the examination

 

requirements under this section and extend reciprocity

 

certification to a firefighter from another state who seeks to work

 

as a firefighter in this state if the firefighter was certified in

 

the other state after successfully completing a program that meets

or exceeds the standards for fire fighter I and fire fighter II set

 

forth in the "Standard for Fire Fighter Professional

 

Qualifications", National Fire Protection Association standard no.

 

1001 by an international accreditation fire service organization.

 

     (10) The presentation of records evidencing certification

 

under subsection (9) shall automatically result in certification by

 

this state.

 

     (11) If a person's certification as a full-time firefighter,

 

full-time fire chief, fire service inspector, fire service plan

 

examiner, fire service investigator, fire service instructor, or

 

fire officer becomes void as a result of an event under subsection

 

(16)(b), the council shall waive the certification requirements

 

under subsection (1)(b)(ii) for certification as a full-time

 

firefighter, full-time fire chief, fire service inspector, fire

 

service plan examiner, fire service investigator, fire service

 

instructor, or fire officer if 1 or more of the following apply:

 

     (a) The person has been employed as a council-certified full-

 

time firefighter, full-time fire chief, fire service inspector,

 

fire service plan examiner, fire service investigator, fire service

 

instructor, or fire officer for 1 year or less before discontinuing

 

employment and is again employed as a full-time firefighter, full-

 

time fire chief, fire service inspector, fire service plan

 

examiner, fire service investigator, fire service instructor, or

 

fire officer within 1 year after discontinuing employment as a

 

council-certified full-time firefighter, full-time fire chief, fire

 

service inspector, fire service plan examiner, fire service

 

investigator, fire service instructor, or fire officer.

     (b) The person has been employed as a council-certified full-

 

time firefighter, full-time fire chief, fire service inspector,

 

fire service plan examiner, fire service investigator, fire service

 

instructor, or fire officer for more than 1 year but less than 5

 

years before discontinuing employment and is again employed as a

 

full-time firefighter, full-time fire chief, fire service

 

inspector, fire service plan examiner, fire service investigator,

 

fire service instructor, or fire officer within 2 years after

 

discontinuing employment as a council-certified full-time

 

firefighter, full-time fire chief, fire service inspector, fire

 

service plan examiner, fire service investigator, fire service

 

instructor, or fire officer.

 

     (c) The person has been employed as a council-certified full-

 

time firefighter, full-time fire chief, fire service inspector,

 

fire service plan examiner, fire service investigator, fire service

 

instructor, or fire officer for 5 years or more before

 

discontinuing employment and is again employed as a full-time

 

firefighter, full-time fire chief, fire service inspector, fire

 

service plan examiner, fire service investigator, fire service

 

instructor, or fire officer within 5 years after discontinuing

 

employment as a council-certified full-time firefighter, full-time

 

fire chief, fire service inspector, fire service plan examiner,

 

fire service investigator, fire service instructor, or fire

 

officer.

 

     (12) A firefighter employed on October 1, 1988 may continue

 

his or her employment as a firefighter and may participate in

 

training programs on a voluntary or assigned basis. Failure to

obtain certification under subsection (3) or (4) is not a basis for

 

dismissal from or termination of employment as a firefighter. A

 

person who was employed as a firefighter on October 1, 1988 and who

 

continued his or her employment as a firefighter for not less than

 

5 years who does not obtain certification under subsection (3) or

 

(4) and who voluntarily or involuntarily discontinues his or her

 

employment as a firefighter may become reemployed as a firefighter

 

if he or she is reemployed as a firefighter within 5 years after

 

discontinuing his or her previous employment as a firefighter

 

without obtaining certification under subsection (3) or (4).

 

     (13) A full-time fire chief of an organized fire department or

 

public safety department hired before January 1, 2017 may continue

 

his or her employment as a full-time fire chief of an organized

 

fire department or public safety department and may participate in

 

training programs on a voluntary or assigned basis. Failure to

 

obtain certification under subsection (5) is not grounds for

 

dismissal from or termination of employment as a full-time fire

 

chief of an organized fire department or public safety department.

 

A person who was employed as a full-time fire chief of an organized

 

fire department or public safety department on January 1, 2017 who

 

does not obtain certification under subsection (5) and who

 

voluntarily or involuntarily discontinues his or her employment as

 

a full-time chief or public safety director of an organized fire

 

department or public safety department may be reemployed as a full-

 

time chief of an organized fire department or public safety

 

department if he or she was employed 5 years or more as a full-time

 

fire chief of an organized fire department or public safety

department and is again employed as a full-time fire chief of an

 

organized fire department or public safety department within 5

 

years after discontinuing employment as a full-time fire chief of

 

an organized fire department or public safety department without

 

obtaining certification under subsection (5).

 

     (14) The council shall establish an evaluation or testing

 

process, or both, for a waiver from the minimum certification

 

standards for training requirements for a person who has held a

 

certificate under this act and who discontinues employment as a

 

full-time firefighter, full-time fire chief, fire service

 

instructor, or fire officer for a period of time exceeding the time

 

periods under subsection (11), (12), or (13) who seeks to become

 

reemployed as a full-time firefighter, full-time fire chief, fire

 

service instructor, or fire officer. The council shall also

 

establish an evaluation or testing process, or both, for a waiver

 

from the minimum certification standards for training requirements

 

for a person who has held a certificate under this act and who

 

discontinues employment as a volunteer, part-time, or paid on-call

 

firefighter whose certification was reduced from a fire fighter II

 

to a fire fighter I due to an event under subsection (15) or

 

(16)(c) who seeks to become reemployed as a volunteer, part-time,

 

or paid on-call firefighter.

 

     (15) If a volunteer, part-time, or paid on-call firefighter

 

holding certification as a fire fighter II discontinues employment

 

as a volunteer, part-time, or paid on-call firefighter for longer

 

than 5 years, his or her certification shall be reduced to a fire

 

fighter I.

     (16) Certification granted to a person under this act is valid

 

unless or until any of the following conditions occur:

 

     (a) The council revokes certification as part of a

 

disciplinary process.

 

     (b) The certification becomes void because the person

 

discontinues his or her employment as a full-time firefighter,

 

full-time fire chief, fire service instructor, or fire officer for

 

a period of time exceeding the time periods under subsection (11),

 

(12), or (13).

 

     (c) The certification becomes void because the person

 

discontinues his or her employment as a volunteer, part-time

 

firefighter, or paid on-call firefighter for more than 7 years.

 

     (17) The council shall issue a certificate to a person who is

 

certified under this act not more than 30 days after the date a

 

person is certified. A certificate issued to a person under this

 

act remains the property of the council.

 

     (18) A fire service member shall not knowingly present as

 

valid a certificate issued by the council that has been voided or

 

revoked by the council. A person who violates this subsection is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 90 days or a fine of not more than $500.00, or both.

 

     Sec. 9a. A writing prepared, owned, used, in the possession

 

of, or retained by the council in the performance of an official

 

function shall be made available to the public in compliance with

 

Act No. 442 of the Public Acts of 1976, as amended, being sections

 

15.231 to 15.246 of the Michigan Compiled Laws.the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

     Sec. 9b. (1) An organized fire department or public safety

 

department shall maintain an employment history record for each

 

firefighter, full-time fire chief, fire service instructor, fire

 

service plan examiner, fire service inspector, fire service

 

investigator, or fire officer employed by the organized fire

 

department or public safety department in the manner prescribed by

 

the council.

 

     (2) An organized fire department or public safety department

 

shall report the date on which each person begins or ends

 

employment as a firefighter, full-time fire chief, fire service

 

instructor, fire service investigator, fire service inspector, fire

 

service plan examiner, or fire officer for the organized fire

 

department or public safety department in the manner prescribed by

 

the council.

 

     Sec. 10. The council may enter into agreement with other

 

agencies, colleges and universities to carry out the intent of this

 

act.

 

     (1) Each organized fire department or public safety department

 

or local government clerk shall file a statement with the council

 

designating the chief of the department and providing contact

 

information for the organized fire department or public safety

 

department. If the department chief changes, the organized fire

 

department or public safety department shall notify the council in

 

writing by filing a statement of the change within 7 days of the

 

change.

 

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

 

fire department or public safety department, upon request of the

organized fire department or public safety department and at no

 

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

 

display to be used in training firefighters. The digital video disc

 

or other electronic form of video display shall be based upon the

 

council-approved training programs. The council may impose a

 

reasonable fee for loss, damage, or late return of a digital video

 

disc or other electronic form of video display provided to an

 

organized fire department or public safety department under this

 

section. The council shall have available not fewer than 2 copies

 

of each digital video disc or other electronic form of video

 

display for an organized fire department's or public safety

 

department's use.

 

     (3) 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

 

council for any new or modified standards necessary for the

 

protection of firefighter trainees.

 

     (4) The council shall promulgate rules concerning all of the

 

following:

 

     (a) The category or classification of advanced in-service

 

training programs for council-certified firefighters, full-time

 

fire chiefs, fire service inspectors, fire service plan examiners,

 

fire service investigators, fire officers, and fire service

 

instructors and minimum courses of study and attendance

 

requirements for the category or classification needed for council

 

certification.

 

     (b) The establishment of subordinate regional training centers

in strategic geographic locations to deliver council-approved

 

training to serve the greatest number of fire service agencies that

 

are unable to support their own training programs and support the

 

fire service training mission of the council.

 

     (c) The council's acceptance of certified fire service

 

training and fire service experience received by a person in

 

another state to satisfy, in whole or in part, the minimum

 

standards required under this act for a fire chief, fire service

 

instructor, fire service plan examiner, fire service inspector,

 

fire service investigator, or fire officer.

 

     (d) The council's approval of fire service training

 

administered by a county, city, township, village, corporation,

 

college, community college, university, fire service organization,

 

or council-approved regional training center.

 

     (e) The minimum qualifications for fire service instructors of

 

approved fire service training.

 

     (f) The minimum equipment and facilities required for council-

 

approved firefighter training.

 

     (g) The establishment of pre-service basic firefighter

 

certification training programs at high schools, colleges, and

 

universities.

 

     Sec. 11. (1) The state fire marshal or the council may do all

 

of the following:

 

     (a) Visit and inspect any firefighter training school, or

 

examine the curriculum or training procedures of a firefighter

 

training school, for which application for approval of the school

 

has been made.

     (b) Issue certificates to firefighter training schools

 

qualifying under the regulations promulgated under this act.

 

     (c) Authorize the issuance of certificates of graduation or

 

diplomas by approved firefighter training schools to firefighters,

 

full-time fire chiefs, fire service instructors, fire service

 

inspectors, fire service plan examiners, fire service

 

investigators, or fire officers, 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 firefighters,

 

full-time fire chiefs, fire service instructors, fire service

 

inspectors, fire service plan examiners, fire service

 

investigators, or fire officers 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 firefighters, full-time fire chiefs,

 

fire service instructors, fire service plan examiners, fire service

 

inspectors, fire service investigators, or fire officers.

 

     (f) Establish pre-service basic training programs at high

 

schools, colleges, community colleges, and universities.

 

     (g) Require an examination for firefighters, full-time fire

 

chiefs, fire service instructors, fire service inspectors, fire

 

service plan examiners, fire service investigators, or fire

 

officers seeking certification under section 9.

 

     (h) Establish continuing education requirements for

maintaining council-awarded certification.

 

     (i) Establish level of fire service instructor activity

 

necessary to maintain council certification as a fire service

 

instructor.

 

     (j) Establish and charge a fee to recover the cost of testing

 

and training provided to individuals who are not employed by an

 

organized fire department or public safety department of this state

 

and are seeking to be employed as a council-certified firefighter,

 

full-time fire chief, fire service instructor, fire service

 

inspector, fire service plan examiner, fire service investigator,

 

or fire officer.

 

     (2) The council shall promulgate rules to establish the

 

development, conduct, and responsibilities of a county training

 

committee in each county of this state. The council shall require

 

that the county training committee register with the council and

 

provide the contact information for the individual who is serving

 

as the county training committee chairperson.

 

     (3) The council may allow the joint cooperation of 2 or more

 

counties to form a regional training committee charged with

 

oversight of training needs and fund distribution on a regional

 

basis. The council shall oversee the development, conduct, and

 

responsibilities of a regional training committee.

 

     (4) Fees charged under this section shall be deposited in the

 

fireworks safety fund created in section 11 of the Michigan

 

fireworks safety act, 2011 PA 256, MCL 28.461.

 

     Sec. 11a. (1) The council shall promulgate rules establishing

 

a disciplinary process for the suspension or revocation of

certification and any necessary retraining requirements to maintain

 

or restore certification after a suspension or revocation for a

 

firefighter, full-time fire chief, fire service instructor, fire

 

service inspector, fire service plan examiner, fire service

 

investigator, or fire officer for 1 or more of the following:

 

     (a) Conviction of a felony criminal offense under the laws of

 

this state, another state, or the United States.

 

     (b) Making a materially false statement, causing a materially

 

false statement to be made, or otherwise committing fraud during

 

the application for certification process.

 

     (c) Violating council adopted policies concerning the

 

following:

 

     (i) Fire service instructor conduct.

 

     (ii) Delivery of fire service training schools.

 

     (2) The council shall provide for the suspension or revocation

 

of a council-certified firefighter's, full-time fire chief's, fire

 

service instructor's, fire service inspector's, fire service plan

 

examiner's, fire service investigator's, or fire officer's use of

 

the council's training information network in the event the

 

council-certified firefighter, full-time fire chief, fire service

 

instructor, fire service plan examiner, fire service inspector,

 

fire service investigator, or fire officer wrongfully discloses

 

exam information from the training information network.

 

     (3) Except as provided in subsection (4), if the council

 

issues a final decision of discipline affecting the certification

 

of a council-certified firefighter, full-time fire chief, fire

 

service instructor, fire service inspector, fire service plan

examiner, fire service investigator, or fire officer, that decision

 

is subject to judicial review under the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (4) A petition for judicial review of a final decision of the

 

council resulting in discipline affecting the certification of a

 

council-certified firefighter, full-time fire chief, fire service

 

instructor, fire service inspector, fire service plan examiner,

 

fire service investigator, or fire officer shall only be filed in

 

the court of claims.

 

     (5) The council may issue a subpoena under section 73 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.273, in

 

a contested case of discipline of a council-certified firefighter,

 

full-time fire chief, fire service instructor, fire service

 

inspector, fire service plan examiner, fire service investigator,

 

or fire officer, in which the discipline may result in suspension

 

or revocation of the fire service member's certification.

 

     Sec. 11b. (1) The council may investigate alleged violations

 

of this act or rules promulgated under this act.

 

     (2) The council may hold hearings, administer oaths, request

 

subpoenas be issued, and order testimony to be taken at a hearing

 

or by deposition. A hearing held under this section shall be

 

conducted in accordance with chapter 4 of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. A final

 

decision order issued by the council is subject to judicial review

 

under chapter 6 of the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.301 to 24.306.

 

     (3) The council may request that a subpoena be issued to do

either of the following:

 

     (a) Compel the attendance of a witness to testify at a hearing

 

or deposition.

 

     (b) Compel the production of documents, papers, books,

 

records, and other evidence.

 

     (4) If a subpoena issued at the request of the council is not

 

obeyed, the council may petition the court of claims to order the

 

attendance of a witness or the production of documents, papers,

 

books, records, and other evidence. The court of claims may issue

 

an order requiring a person to appear and give testimony or produce

 

documents, papers, books, records, and other evidence. Failure to

 

comply with an order of the court of claims may be punished as

 

contempt of court.

 

     Sec. 12. There The council shall be an appoint an executive

 

secretary director of the council who shall be appointed by the

 

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

 

council. He The executive director shall perform such the functions

 

and duties as may be assigned to him by the council. He The

 

executive director shall receive compensation and reimbursement for

 

expenses within the amounts available by appropriation.as approved

 

by the council.

 

     Sec. 15. Any city, county, township or village which desires

 

to receive aid pursuant to this act shall make application to the

 

council for such aid.The council may enter into agreements with

 

other fire service organizations, agencies, colleges, and

 

universities to carry out the intent of this act with funding

 

provided under section 14.

     Sec. 16. The council shall adopt rules and regulations in

 

accordance with the provisions of Act No. 88 of the Public Acts of

 

1943, as amended, being sections 24.71 to 24.82 of the Compiled

 

Laws of 1948, and subject to Act No. 197 of the Public Acts of

 

1952, as amended, being sections 24.101 to 24.110 of the Compiled

 

Laws of 1948.administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.