Act No. 405

Public Acts of 2016

Approved by the Governor

January 3, 2017

Filed with the Secretary of State

January 3, 2017

EFFECTIVE DATE: April 3, 2017

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Senators Hansen, Booher, Hertel, Colbeck, Jones, Nofs, O’Brien and Zorn

ENROLLED SENATE BILL No. 833

AN ACT to amend 1966 PA 291, entitled “An act to create the firefighters training council; to prescribe the powers and duties of the council, the state fire marshal, and certain fire departments and other organizations; to create the firefighters training council fund and to provide for allocations from the fund to local agencies of government participating in a firefighters training program; and to make an appropriation,” 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, 2011 PA 256, 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. 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, 2011 PA 256, MCL 28.458, and deposited in the fireworks safety fund created in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461. The fund shall be distributed to fund firefighter training programs as provided in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461.

Sec. 14. (1) From the amount annually deposited in and appropriated to the fireworks safety fund for firefighter training under section 11 of the Michigan fireworks safety act, 2011 PA 256, 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 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 256, 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.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor