SB-0833, As Passed Senate, December 15, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 833

     A bill to amend 1966 PA 291, entitled

"Firefighters training council act,"

by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and

29.374), as amended by 2006 PA 213.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. As used in this act:

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

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

council.

     (c) "Firefighter" means a member, including volunteer members

and members paid on call, of an organized fire department who is

responsible for, or is in a capacity that includes responsibility

for, the extinguishment of fires, the directing of the

extinguishment of fires, the prevention and detection of fires, and

the enforcement of the general fire laws of this state. Firefighter

does not include a person whose job description, duties, or

responsibilities do not include direct involvement in fire

suppression.

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

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

     (e) "Firefighter training" means 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, 256 PA 2011, MCL 28.461, 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, 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 standards under "standard for fire

fighter professional qualifications", National Fire Protection

Association standard no. 1001.

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

firefighters training fund from which the legislature shall

appropriate an amount of money deemed necessary for the purposes of

this act but appropriations from the firefighters training fund

shall not exceed 75% of money paid into the fund.Firefighter

training provided under this act shall be funded by the money

collected from fireworks safety fees imposed under section 8 of the

Michigan fireworks safety act, 256 PA 2011, MCL 28.458, and

deposited in the fireworks safety fund created in section 11 of the

Michigan fireworks safety act, 256 PA 2011, MCL 28.461. The fund

shall be distributed to fund firefighter training programs as

provided in section 11 of the Michigan fireworks safety act, 256 PA

2011, MCL 28.461.

     Sec. 14. (1) From the amount annually appropriated by law for

the council deposited in and appropriated to the fireworks safety

fund for firefighter training under section 11 of the Michigan

fireworks safety act, 2011 PA 356, MCL 28.461, the council may

request and the state fire marshal may approve annual training

expenditures for the purposes of payments to counties to reimburse

organized fire departments for firefighter training and other

activities required under this act. The state fire marshal may deny

requests not meeting the requirements of this act.

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

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

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

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

state fire marshal.

     (3) The chairperson of a firefighter training committee

established in each county shall survey the training needs of

organized fire departments in the county and shall distribute the

money received by the county under this section as prioritized by

the organized fire departments in the county. If money distributed

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

by the chairperson for distribution to organized fire departments

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

money shall be returned to the council for redistribution using the

formula under subsection (2).and may be redistributed by the

council through the application process under section 15. The state

fire marshal may deny requests for redistribution that do not meet

the requirements of this act. The council shall deposit

undesignated money that is not redistributed through an application

under section 15 into the fireworks safety fund created in section

11 of the Michigan fireworks safety act, 2011 PA 356, MCL 28.461.

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

organized fire department that has adhered to the standards

established under this act for personnel recruited or trained by

the organized fire department during the current and prior fiscal

years.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.