Sec. 1.

This act shall be known and may be cited as the “fire fighters training council act of 1966”.

Sec. 2.

As used in this act:

(a) “Council” means the fire fighters training council.

(b) “Executive secretary” means the executive secretary of the council.

(c) “Fire fighter” means a member, including volunteer members and members paid on call, of a fire department or other organization of a city, county, township, or village who is responsible for, or is in a capacity which 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. This definition shall not apply to a person whose job description, duties, or responsibilities do not include direct involvement in fire suppression.

(d) “Fire department or other organization” means an organization or department which provides fire suppression and other fire-related services within a city, village, township, or county.

Sec. 3.

(1) The fire fighters training council is hereby created within the department of state police and shall consist of 7 members selected as follows:

(a) The director of state police, or his or her designated representative, shall be ex-officio a member.

(b) Two members appointed to the council by the governor from a list of 5 active members submitted by the Michigan fire chief's association.

(c) One member appointed to the council by the governor from a list of 3 active fire fighters submitted by the Michigan state fire fighter's association.

(d) One member appointed to the council by the governor from a list of 3 names submitted by the Michigan state firemen's association.

(e) One member appointed to the council by the governor from a list of 3 names submitted by the metropolitan club of America, incorporated.

(f) One member appointed to the council by the governor from a list of 2 names submitted by the Michigan townships association and 2 names submitted by the Michigan municipal league.

(2) All appointments made by the governor shall be with the advice and consent of the senate.

Sec. 4.

Members of the council shall hold office for a term of 3 years, except that of the members first appointed from nominees submitted by the Michigan state fire chief's association, 1 shall be appointed for 3 years and 1 for 2 years. 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.

The council shall designate from among its members a chairperson and a vice-chairperson who shall serve for 1 year and who may be reelected. Membership on the council shall not constitute holding a public office. Members of the council shall not be required to take and file oaths of office before serving on the council. The council shall not have the right to exercise any portion of the sovereign power of the state. No member of the council shall be 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.

The council shall meet at least 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 called by the chairperson upon the written request of 4 members of the council. The business which the council may perform shall be conducted 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. 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 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 pertinent data regarding the standards established and the degree of participation of municipalities in the training program.

Sec. 8.

The members of the council shall serve without compensation, but shall be entitled to their actual expenses in attending meetings and in the performance of their duties.

Sec. 9.

(1) The council shall prepare and publish standards with due consideration to varying factors and special requirements of fire departments or other organizations in the following areas:

(a) Advisory standards of physical, educational, mental and moral fitness which shall govern the recruitment, selection, and appointment of fire fighters.

(b) The approval by the council of fire fighter training schools. The standards shall address, at least, the following issues:

(i) The qualification and certification of instructors.

(ii) The courses of study, attendance, record-keeping requirements, equipment, and facilities.

(iii) The visitation and evaluation of instructors and schools by the council.

(c) The establishment of subordinate regional training centers in strategic geographic locations in order to serve the greatest number of fire departments that are unable to support their own training programs.

(2) Each fire department or other organization shall file a statement with the council designating at least 1 training officer or training coordinator for the fire department by November 30, 1988. If a training officer or training coordinator is changed, the fire department or other organization, 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 fire department or other organization, upon request of the fire department or other organization and at no charge, a videotape to be used in training fire fighters. The videotape shall not include training that requires a practical demonstration. The videotape shall be based on the fire fighters I and II standards set forth in the “fire fighter professional qualifications”, national fire protection association pamphlet no. 1001, 1987 edition. The council may impose a reasonable fee for loss, damage, or late return of a videotape provided to a fire department or other organization under this subsection.

(4) The council shall develop and administer an examination, which shall include 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 fire fighter I and II standards of the “fire fighter professional qualifications”, national fire protection association pamphlet no. 1001, 1987 edition. The council, upon the request of a fire department or other organization, shall administer the examination in each county at least once every year. The examination shall be administered in 2 parts. Part 1 shall test the knowledge and skill requirements set forth in fire fighter I, and part 2 shall test the knowledge and skill requirements set forth in fire fighter II. The examination may be retaken, as necessary, upon request from a fire department or other organization.

(5) Within 12 months after a person's hiring date as a full-time fire fighter, the person must pass both part 1 and part 2 of the examination to be eligible for continued or permanent full-time employment as a fire fighter.

(6) Within 24 months after a person's appointment date as a volunteer or paid on-call fire fighter, a person must pass part 1 of the examination to be eligible for continued volunteer or paid on-call service as a fire fighter.

(7) The examination described in this section shall not apply to a person who is employed or under appointment as a fire fighter on October 1, 1988, unless a person subsequently changes his or her status from a volunteer or paid on-call fire fighter to a full-time fire fighter.

(8) 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 which in their opinion are necessary for the protection of fire fighter trainees.

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.

Sec. 10.

The council may enter into agreement with other agencies, colleges and universities to carry out the intent of this act.

Sec. 11.

The council may:

(a) Visit and inspect any fire fighter training school, or examine the curriculum or training procedures, for which application for approval has been made.

(b) Issue certificates to fire fighter training schools qualifying under the regulations of the council.

(c) Authorize the issuance of certificates of graduation or diplomas by approved fire fighter training schools to fire fighters who have satisfactorily completed minimum courses of study.

(d) Cooperate with state, federal, local fire agencies in establishing and conducting local or area schools, or regional training centers for instruction and training of fire fighters of this state, its cities, counties, townships and villages.

(e) Make recommendations to the legislature on matters pertaining to qualification and training of fire fighters.

Sec. 12.

There shall be an executive secretary of the council who shall be appointed by the council, and who shall hold office during the pleasure of the council. He shall perform such functions and duties as may be assigned to him by the council. He shall receive compensation and reimbursement for expenses within the amounts available by appropriation.

Sec. 13.

There is created in the state treasury a fire fighters training fund from which the legislature shall appropriate such sums as are deemed necessary for the purposes of this act but in no case shall such appropriations be in excess of 75% of the amounts paid into the fund.

Sec. 14.

The amounts annually appropriated by the legislature shall be paid by the state treasurer in accordance with the accounting laws of the state upon certification of the executive secretary of the council for the purpose of reimbursing the city, county, township or village for regular fire fighters in the fire department in an amount not to exceed 1/2 of the salary paid to each fire fighter meeting the recruitment standards and participating in training meeting the standard prescribed pursuant to this act during the period covered by the allocation, plus $8.00 of the necessary living expenses incurred by such fire fighter which are necessitated by training requiring that he be away from his residence overnight. The amounts annually appropriated by the legislature shall be paid by the state treasurer in accordance with the accounting laws of the state upon certification of the executive secretary of the council for the purpose of reimbursing the city, county, township or village for volunteer fire fighters in an amount not to exceed $12.50 for lost wages, to be matched by the local municipality for each fire fighter meeting the recruitment standards and participating in training meeting the standard prescribed pursuant to this act during the period covered by the allocation, plus $8.00 of the necessary living expenses, to be matched by the local municipality, incurred by such fire fighter which are necessitated by training requiring that he be away from his residence overnight. If the moneys in the fire fighter training fund to be appropriated by the legislature for such salary and expense reimbursement are insufficient to allocate such amount to each participating city, county, township or village, the amount allocated to each shall be reduced proportionately. In no event shall any allocations be made to any city, county, township or village which has not, throughout the period covered by the allocation, adhered to the standards established by the council as applicable to personnel recruited or trained by such city, county, township or village during such period.

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.

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.

Sec. 17.

This act shall take effect January 1, 1968.