HF 2395

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 02:52pm

A bill for an act
relating to firefighter licensing; clarifying the responsibilities and duties of the
Board of Firefighting Training and Education; specifying terms of licensing and
certification; amending Minnesota Statutes 2018, sections 299N.01, subdivision
2; 299N.02, subdivisions 2, 3; 299N.03, subdivisions 4, 5, 6; 299N.04; 299N.05,
subdivisions 1, 2, 5, 6, 9; 299N.06.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 299N.01, subdivision 2, is amended to read:

Subd. 2.

Fire department.

"Fire department" means a regularly organized fire
department, fire protection district, or fire company, as defined in the State Fire Code adopted
under section 326B.02, subdivision 6, regularly charged with the responsibility of providing
fire protection to the state or a local government and includes a private nonprofit fire
department directly serving a local government. It does not include industrial fire brigades new text begin
that do not have a fire department identification number issued by the state fire marshal new text end .

Sec. 2.

Minnesota Statutes 2018, section 299N.02, subdivision 2, is amended to read:

Subd. 2.

Terms; chair; compensation.

Members of the board shall serve for terms of
four years and deleted text begin annually deleted text end new text begin biennially new text end elect a chair from among the members. Terms and filling
of vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without
compensation.

Sec. 3.

Minnesota Statutes 2018, section 299N.02, subdivision 3, is amended to read:

Subd. 3.

Powers and duties.

(a) The board shall:

(1) review fire service training needs and make recommendations on training to Minnesota
fire service organizations;

(2) establish standards for educational programs for the fire service and develop
procedures for continuing oversight of the programs;

(3) establish qualifications for fire service training instructors in programs established
under clause (2); deleted text begin and
deleted text end

new text begin (4) maintain a list of instructors that have met the qualifications established under clause
(3), subject to application procedures and requirements established by the board; and
new text end

deleted text begin (4) deleted text end new text begin (5) new text end license full-time firefighters and volunteer firefighters under this chapter.

(b) The board may:

(1) hire or contract for technical or professional services according to section 15.061;

(2) pay expenses necessary to carry out its duties;

(3) apply for, receive, and accept grants, gifts, devises, and endowments that any entity
may make to the board for the purposes of this chapter and may use any money given to it
consistent with the terms and conditions under which the money was received and for the
purposes stated;

new text begin (4) accept funding from the fire safety account and allocate funding to Minnesota fire
departments in the form of reimbursements that are consistent with the board's
recommendations and the Department of Public Safety firefighter training;
new text end

new text begin (5) set guidelines regarding how the allocated reimbursement funds must be disbursed;
new text end

new text begin (6) set and make available to the fire service standards governing the use of funds
reimbursed under this section;
new text end

deleted text begin (4) deleted text end new text begin (7) new text end make recommendations to the legislature to improve the quality of firefighter
training;

deleted text begin (5) deleted text end new text begin (8) new text end collect and provide data, subject to section 13.03;

deleted text begin (6) deleted text end new text begin (9) new text end conduct studies and surveys and make reports; and

deleted text begin (7) deleted text end new text begin (10) new text end conduct other activities necessary to carry out its duties.

Sec. 4.

Minnesota Statutes 2018, section 299N.03, subdivision 4, is amended to read:

Subd. 4.

Fire department.

"Fire department" has the meaning given it in section
299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department
also includes a division of a state agency, regularly charged with the responsibility of
providing fire protection to the state or a local government, to include a private, nonprofit
fire department directly serving a local government, but does not include deleted text begin an deleted text end industrial fire
deleted text begin brigade deleted text end new text begin brigades that do not have a fire department identification number issued by the state
fire marshal new text end .

Sec. 5.

Minnesota Statutes 2018, section 299N.03, subdivision 5, is amended to read:

Subd. 5.

Full-time firefighter.

A "full-time firefighter" means a person who is employed
and charged with the prevention deleted text begin and deleted text end new text begin or new text end suppression of fires within the boundaries of the
state on a full-time, salaried basis and who is directly engaged in the hazards of firefighting
or is in charge of deleted text begin a deleted text end designated fire deleted text begin company or deleted text end companies new text begin , as defined in section 299N.01,
subdivision 2, new text end that are directly engaged in the hazards of firefighting. Full-time firefighter
does not include a volunteer, part-time, or paid-on-call firefighter.

Sec. 6.

Minnesota Statutes 2018, section 299N.03, subdivision 6, is amended to read:

Subd. 6.

Licensed firefighter.

"Licensed firefighter" means a full-time firefighter, to
include a fire department employee, member, supervisor, new text begin state employee, new text end or appointed
official, who is licensed by the board and charged with the prevention or suppression of
fires within the boundaries of the state. Licensed firefighter may also include a volunteer
firefighter.

Sec. 7.

Minnesota Statutes 2018, section 299N.04, is amended to read:

299N.04 FIREFIGHTER deleted text begin CERTIFICATION deleted text end new text begin EXAMINATION new text end .

Subdivision 1.

deleted text begin Certification deleted text end Examination; requirements.

(a) The board must appoint
an organization that is accredited by the International Fire Service Accreditation Congress
to prepare and administer firefighter deleted text begin certification deleted text end examinations. Firefighter deleted text begin certification deleted text end
examinations deleted text begin shall deleted text end new text begin must new text end be designed to ensure new text begin and demonstrate new text end competency deleted text begin in at least the
following areas: deleted text end new text begin that meets the NFPA1001 standard or a national standard.
new text end

deleted text begin (1) fire prevention;
deleted text end

deleted text begin (2) fire suppression; and
deleted text end

deleted text begin (3) hazardous materials operations.
deleted text end

deleted text begin (b) To receive a certificate, an individual must demonstrate competency in fire prevention
and fire suppression.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Nothing in this section shall be construed to prohibit any requirement imposed
by a local fire department for more comprehensive training.

Subd. 2.

Eligibility for deleted text begin certification deleted text end examination.

Except as provided in subdivision
3, any person may take the firefighter deleted text begin certification deleted text end examination who has successfully
completed the following:

(1)(i) a firefighter course from a postsecondary educational institution, an accredited
institution of higher learning, or another entity that teaches a course that has been approved
by the board; or (ii) an apprenticeship or cadet program maintained by a fire department
deleted text begin employing the person deleted text end that has been approved by the board; and

(2) a skills-oriented basic training course.

Subd. 3.

Certain baccalaureate or associate degree holders eligible to take
deleted text begin certification deleted text end examination.

A person with a baccalaureate degree or an associate degree in
applied fire science technology from an accredited college or university, who has successfully
completed the skills-oriented basic training course under subdivision 2, clause (2), is eligible
to take the firefighter deleted text begin certification deleted text end examination notwithstanding the requirements of
subdivision 2, clause (1).

Sec. 8.

Minnesota Statutes 2018, section 299N.05, subdivision 1, is amended to read:

Subdivision 1.

Licensure requirement.

A firefighter employed full time by a fire
department is not eligible for permanent employment without being licensed by the board deleted text begin . deleted text end new text begin
and unless the following requirements are met:
new text end

new text begin (1) the firefighter successfully completes a firefighter examination under section 299N.04
or completes the examination while serving a probationary period, if any, as determined by
the hiring authority; and
new text end

new text begin (2) the chief firefighting officer or the chief designee completes the employment
verification portion of the licensing process.
new text end

Sec. 9.

Minnesota Statutes 2018, section 299N.05, subdivision 2, is amended to read:

Subd. 2.

Optional licensing.

A volunteer firefighter new text begin affiliated with a department new text end may
receive or apply for licensure under deleted text begin this section deleted text end new text begin subdivision 1 new text end and section 299N.04 under
the same terms as full-time firefighters.

Sec. 10.

Minnesota Statutes 2018, section 299N.05, subdivision 5, is amended to read:

Subd. 5.

Obtaining a firefighter license.

To obtain a license, a firefighter must new text begin be
affiliated with a fire department, new text end complete the board application process new text begin , new text end and meet the
requirements of section 299N.04 new text begin , this section, or 299N.06 new text end . A license is valid for a three-year
period determined by the board, and the fee for the license is $75. Fees under this subdivision
may be prorated by the board for licenses issued with a three-year licensure period.

Sec. 11.

Minnesota Statutes 2018, section 299N.05, subdivision 6, is amended to read:

Subd. 6.

License renewal; expiration and reinstatement.

(a) A license deleted text begin shall deleted text end new text begin must new text end be
renewed deleted text begin so long as deleted text end new text begin if new text end the firefighter and the chief firefighting officer deleted text begin provide evidence to
the board that the licensed firefighter has had 72 hours of approved firefighting training in
the preceding three years and the firefighter completes the renewal application. The fee for
renewing a firefighter license is $75, and the license is valid for an additional three years. deleted text end new text begin
or chief designee completes the renewal application and:
new text end

new text begin (1) attests to the board that the licensed firefighter has met the required 72 hours of
approved firefighter training in the preceding three years;
new text end

new text begin (2) upon request, provides evidence the licensed firefighter completed the required 72
hours of approved firefighter training in the preceding three years;
new text end

new text begin (3) verifies that the licensed firefighter is actively serving on a department; and
new text end

new text begin (4) attests that the licensed firefighter has not been convicted of or pled guilty or nolo
contendere to a felony, any arson-related charge, or another offense arising from the same
set of circumstances.
new text end

new text begin (b) The fee to renew a firefighter license is $75. The license is valid for an additional
three-year period, unless submitted within the triennial period. Fees under this subdivision
may be prorated by the board for licenses reinstated or renewed within the three-year
licensure period.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end If a license expires, a firefighter may apply to have it reinstated. In order to receive
reinstatement, the firefighter must:

(1) complete a reinstatement application;

(2) satisfy all deleted text begin prior firefighter training deleted text end requirements new text begin listed in paragraph (a), clauses (1)
to (4) new text end ;

(3) pay any outstanding renewal fees; and

(4) pay the delayed renewal fee set by the board.

deleted text begin (c) deleted text end new text begin (d) new text end In lieu of a reinstatement application under paragraph deleted text begin (b) deleted text end new text begin (c) new text end , a firefighter may
complete a new application for licensure under section 299N.04.

Sec. 12.

Minnesota Statutes 2018, section 299N.05, subdivision 9, is amended to read:

Subd. 9.

Fees; appropriation.

Fees collected under this section must be deposited in
the state treasury and credited to a special account and are appropriated to the board to pay
costs incurred under sections 299N.04 deleted text begin and 299N.05 deleted text end new text begin , this section, and 299N.06 new text end .

Sec. 13.

Minnesota Statutes 2018, section 299N.06, is amended to read:

299N.06 ELIGIBILITY FOR RECIPROCITY new text begin AND new text end EXAMINATION BASED ON
RELEVANT MILITARY EXPERIENCE.

new text begin Subdivision 1. new text end

new text begin Reciprocity license requirements for out-of-state certified applicants. new text end

new text begin A
person may apply for licensure if the person (1) becomes employed by or becomes an active
member of a fire department, (2) has the appropriately certified accreditation by the
International Fire Service Accreditation Congress or Pro Board, and (3) has met the
requirements of section 299N.04.
new text end

new text begin Subd. 2. new text end

new text begin Examination based on relevant military experience. new text end

(a) For purposes of this
section:

(1) "active service" has the meaning given in section 190.05, subdivision 5; and

(2) "relevant military experience" means:

(i) four years' cumulative service experience in a military firefighting occupational
specialty;

(ii) two years' cumulative service experience in a military firefighting occupational
specialty, and completion of at least a two-year degree from a regionally accredited
postsecondary education institution; or

(iii) four years' cumulative experience as a full-time firefighter in another state combined
with cumulative service experience in a military firefighting occupational specialty.

(b) A person is eligible to take deleted text begin the reciprocity deleted text end new text begin a firefighter new text end examination and does not
have to otherwise meet the requirements of section 299N.04, subdivisions 2 and 3, if the
person has:

(1) relevant military experience; and

(2) been honorably discharged from military active service as evidenced by the most
recent form DD-214 or is currently in active service, as evidenced by:

(i) active duty orders providing service time in a military firefighting specialty;

(ii) a United States Department of Defense Manpower Data Center status report pursuant
to the Service Members Civil Relief Act, active duty status report; or

(iii) Military Personnel Center assignment information.

(c) A person who passed the examination under paragraph (b), clause (2), shall not be
eligible to be licensed as a firefighter until honorably discharged as evidenced by the most
recent form DD-214.

(d) To receive a firefighter license, a person who passed deleted text begin the reciprocity certification deleted text end new text begin a
firefighter new text end examination must meet the requirements of section 299N.05 deleted text begin , subdivision 4 deleted text end .