SF 3260

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing Minnesota fire 
  1.3             service training board and providing assistance for 
  1.4             firefighter training and education; appropriating 
  1.5             money; amending Minnesota Statutes 1996, section 
  1.6             169.14, by adding a subdivision; Minnesota Statutes 
  1.7             1997 Supplement, section 171.29, subdivision 2; 
  1.8             proposing coding for new law as Minnesota Statutes, 
  1.9             chapter 137A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [137A.01] [DEFINITIONS.] 
  1.12     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  1.13  the following terms have the meanings given in this section. 
  1.14     Subd. 2.  [AGENCY.] "Agency" has the meaning given it in 
  1.15  section 15.012 but also includes departments listed in section 
  1.16  15.01. 
  1.17     Subd. 3.  [BASE OF OPERATION.] "Base of operation" means 
  1.18  the address at which the physical plant housing, related 
  1.19  equipment, and personnel is located. 
  1.20     Subd. 4.  [BOARD.] "Board" means the Minnesota fire service 
  1.21  training board, established in section 137A.02. 
  1.22     Subd. 5.  [CHAIR.] "Chair" means the person designated in 
  1.23  section 299N.02, subdivision 6, to chair board meetings and 
  1.24  perform duties as may be designated by law, or as directed by 
  1.25  the board or by rules adopted by the board. 
  1.26     Subd. 6.  [CHANCELLOR.] "Chancellor" means the chancellor 
  1.27  of the Minnesota state colleges and universities (MnSCU). 
  2.1      Subd. 7.  [CONTESTED CASE.] "Contested case" means a 
  2.2   proceeding as defined in section 14.02, subdivision 3. 
  2.3      Subd. 8.  [FIRE DEPARTMENT.] "Fire department" means a 
  2.4   regularly organized fire department, fire protection district, 
  2.5   or fire company, as defined in the Uniform Fire Code adopted 
  2.6   under section 299F.011, regularly charged with the 
  2.7   responsibility of providing fire protection to the state or a 
  2.8   local government and includes a nonprofit fire department 
  2.9   directly serving a local government.  It does not include 
  2.10  private or industrial fire brigades. 
  2.11     Subd. 9.  [FIREFIGHTER.] "Firefighter" means an individual 
  2.12  who is regularly entered on the payroll of a fire department, is 
  2.13  serving on active duty with a designated fire company in the 
  2.14  department, or is in charge of one or more of the companies and 
  2.15  engaged in the hazards of firefighting.  "Firefighter" includes: 
  2.16     (1) members of the electrical and mechanical divisions of 
  2.17  the fire department who are subject to like hazards; 
  2.18     (2) trained volunteer, paid on-call, part-time, or career 
  2.19  firefighters of a local government who regularly comply with 
  2.20  rules of the local government prescribed for service by its 
  2.21  firefighters and who are engaged in the hazards of firefighting; 
  2.22  and 
  2.23     (3) persons defined in Minnesota Statutes as firefighters 
  2.24  in accordance with the criteria established by the board, 
  2.25  pursuant to this chapter. 
  2.26     Subd. 10.  [FIRE SERVICE MANAGER.] "Fire service manager" 
  2.27  means a person assigned to the FIRE/EMS center and considered 
  2.28  qualified by the board to manage staff of the FIRE/EMS center. 
  2.29     Subd. 11.  [FIRE SERVICE SPECIALIST.] "Fire service 
  2.30  specialist" means a person assigned to the FIRE/EMS center and 
  2.31  considered qualified by the board to research, evaluate, 
  2.32  develop, and deliver a program or course to train staff or 
  2.33  instructors in a train-the-trainer format for instructors 
  2.34  through training sessions or a qualified, outside training 
  2.35  program. 
  2.36     Subd. 12.  [HEARING.] "Hearing" means a fact-finding 
  3.1   proceeding held under rules adopted under this chapter, or any 
  3.2   other fact-finding proceeding authorized by the board that is 
  3.3   not conducted under chapter 14. 
  3.4      Subd. 13.  [INTERESTED PERSONS.] "Interested persons" means 
  3.5   those persons who have expressed interest in receiving notice of 
  3.6   board meetings or those persons who have expressed interest in a 
  3.7   specific project or action of the board. 
  3.8      Subd. 14.  [LOCAL GOVERNMENT.] "Local government" means a 
  3.9   county, statutory or home rule charter city, or town. 
  3.10     Subd. 15.  [NONVOTING MEMBER.] "Nonvoting member" means a 
  3.11  person authorized by one of the state agencies or state 
  3.12  associations listed as technical advisors. 
  3.13     Subd. 16.  [PARTY.] "Party" means a person whose legal 
  3.14  rights, duties, or privileges may be determined in a contested 
  3.15  case or board hearing and includes a person who has intervened 
  3.16  in a contested case or hearing. 
  3.17     Subd. 17.  [PERSON.] "Person" means a natural person; 
  3.18  state, municipality, or other governmental unit or political 
  3.19  subdivision; other public agency or instrumentality; public or 
  3.20  private corporation, company, limited liability company, 
  3.21  partnership, limited liability partnership, professional 
  3.22  corporation, limited liability corporation, firm, association, 
  3.23  cooperative, or other organization, receiver, trustee, 
  3.24  representative, assignee, agent, however organized; or other 
  3.25  legal entity. 
  3.26     Subd. 18.  [PRESIDING OFFICER.] "Presiding officer" means 
  3.27  the person who chairs a board meeting in the absence of both the 
  3.28  chair and vice-chair. 
  3.29     Subd. 19.  [QUORUM.] "Quorum" means a majority of the 
  3.30  voting members of the board, excluding vacancies. 
  3.31     Subd. 20.  [REGULAR MEETING.] "Regular meeting" means the 
  3.32  board meeting regularly scheduled, as determined by the board. 
  3.33     Subd. 21.  [SERVICE; SERVE.] "Service" or "serve" means 
  3.34  personal service or, unless otherwise provided by law, service 
  3.35  by first class United States mail, postage prepaid, and 
  3.36  addressed to the party at the party's last known address.  
  4.1   Service by mail is presumed complete by its postmark.  Agencies 
  4.2   of the state of Minnesota may also serve by depositing the item 
  4.3   with central mailing section, department of administration. 
  4.4      Subd. 22.  [SPECIAL MEETING.] "Special meeting" means 
  4.5   meetings of the board other than the regular meetings. 
  4.6      Subd. 23.  [STATE DIRECTOR OF FIRE TRAINING.] "State 
  4.7   director of fire training" means a person appointed by and 
  4.8   authorized by the board to direct the operations and carry out 
  4.9   the policies of the board. 
  4.10     Subd. 24.  [STATE FIRE INSTRUCTOR.] "State fire instructor" 
  4.11  means a person considered qualified by the board to function as 
  4.12  an instructor for a training program delivered to firefighters 
  4.13  through training sessions or a qualified outside training 
  4.14  program. 
  4.15     Subd. 25.  [STATE FIRE TRAINING COORDINATOR.] "State fire 
  4.16  training coordinator" means a person considered qualified by the 
  4.17  board to serve as the regional training program coordinator, as 
  4.18  defined by rule by the board. 
  4.19     Subd. 26.  [SUBCOMMITTEE.] "Subcommittee" means a group of 
  4.20  board members, less than a quorum, authorized by the board to 
  4.21  accomplish a specific objective. 
  4.22     Subd. 27.  [TASK FORCE.] "Task force" means a group of 
  4.23  individuals authorized by the board to accomplish a specific 
  4.24  objective. 
  4.25     Subd. 28.  [TECHNICAL ADVISOR.] "Technical advisor" means a 
  4.26  designated representative of a legal entity, however organized, 
  4.27  that the board chooses to include on the board. 
  4.28     Subd. 29.  [VICE-CHAIR.] "Vice-chair" means the person 
  4.29  elected by the board to serve as chair in the absence of the 
  4.30  person designated as chair. 
  4.31     Subd. 30.  [VOTING MEMBER.] "Voting member" means one 
  4.32  person authorized by each of the 15 Minnesota state fire 
  4.33  department association (MSFDA) geographic regions. 
  4.34     Subd. 31.  [VOTING MEMBER-ALTERNATE.] "Voting 
  4.35  member-alternate" means one person authorized by each of the 15 
  4.36  Minnesota state fire department association (MSFDA) geographic 
  5.1   regions they represent to serve in the absence of the designated 
  5.2   voting member. 
  5.3      Sec. 2.  [137A.02] [MINNESOTA FIRE SERVICE TRAINING BOARD.] 
  5.4      Subdivision 1.  [CREATION AND COMPOSITION.] The board is 
  5.5   created by statute.  The board shall consist of 15 voting 
  5.6   members, residents of the state, well qualified by experience or 
  5.7   education in the field of fire protection or related fields, 
  5.8   appointed by the regions they represent and affirmed by the 
  5.9   governor. 
  5.10     Subd. 2.  [ADMINISTRATIVE POWERS; COMPENSATION; STAFF 
  5.11  SUPPORT.] (a) The board, or the complaint committee on behalf of 
  5.12  the board where authorized by law, shall have the following 
  5.13  powers: 
  5.14     (1) It may elect its own officers. 
  5.15     (2) Following consultation with the department of employee 
  5.16  relations and pursuant to chapter 43A, the board may engage and 
  5.17  fix the compensation of, and hire a director and other 
  5.18  employees.  The positions of the state director of fire training 
  5.19  and other employees, except contract instructors, must be 
  5.20  established in the classified service pursuant to section 43A.07.
  5.21  All agents and employees other than contract instructors must be 
  5.22  compensated pursuant to chapter 43A. 
  5.23     (3) It may pay other expenses as it considers necessary in 
  5.24  the performance of its duties, including rent, supplies, and the 
  5.25  like. 
  5.26     (4) It may adopt reasonable rules to carry out its duty to 
  5.27  administer this chapter and to provide for the amount and 
  5.28  collection of fees for other services.  Rules must be adopted in 
  5.29  accordance with chapter 14. 
  5.30     (b) The board is created to set policy within the Minnesota 
  5.31  state colleges and universities (MnSCU) to deliver training to 
  5.32  Minnesota's fire service personnel, to deliver fire brigade 
  5.33  training, and to administer the reimbursement programs. 
  5.34     (c) Members of the board shall serve without pay, except 
  5.35  for compensation and expense reimbursement under section 
  5.36  15A.0575, subdivision 3, while attending board-authorized 
  6.1   meetings and functions or while participating in board 
  6.2   activities. 
  6.3      (d) The office of the FIRE/EMS center shall supply staff 
  6.4   support to the board. 
  6.5      (e) All current full-time and part-time staff of the 
  6.6   Minnesota state colleges and universities system (MnSCU) who are 
  6.7   currently working with firefighter training shall take direction 
  6.8   from the board through the state director of fire training. 
  6.9      (f) All resources associated with those programs must be 
  6.10  directed by the board through the state director of fire 
  6.11  training. 
  6.12     Subd. 3.  [MEMBERS.] (a) The board is composed of the 
  6.13  following 15 voting members, one from each of the 15 regions of 
  6.14  the Minnesota state fire department association (MSFDA):  Region 
  6.15  1, Capitol City; Region 2, Northern; Region 3, Arrowhead; Region 
  6.16  4, Northwest; Region 5, Cuyuna; Region 6, Lake; Region 7, St. 
  6.17  Croix Valley; Region 8, North Suburban; Region 9, West Central; 
  6.18  Region 10, Central; Region 11, United; Region 12, Minnesota 
  6.19  Valley; Region 13, South West; Region 14, South Central; and 
  6.20  Region 15, South East. 
  6.21     (b) The board is composed of the following three nonvoting 
  6.22  members:  one member representing the Minnesota state fire 
  6.23  chiefs association (MSFCA); one member representing the 
  6.24  Minnesota professional fire fighters association (MPFF); and one 
  6.25  member appointed by the governor, representing the general 
  6.26  public, with no direct connection to the fire service. 
  6.27     Subd. 4.  [TECHNICAL ADVISORS.] The board shall use the 
  6.28  following list as a minimum of organizations and entities, 
  6.29  however organized, to act as resources for the board: 
  6.30     (1) one nonvoting member from the Minnesota state fire 
  6.31  department association (MSFDA); 
  6.32     (2) one nonvoting member representing the chancellor of the 
  6.33  Minnesota state colleges and universities system, or designee; 
  6.34     (3) one nonvoting member from the Minnesota chapter of the 
  6.35  International Association of Arson Investigators (Mn IAAI); 
  6.36     (4) one nonvoting member from the fire marshals association 
  7.1   of Minnesota (FMAM); 
  7.2      (5) one nonvoting member from the fire instructors 
  7.3   association of Minnesota (FIAM); 
  7.4      (6) one nonvoting member from the Minnesota department of 
  7.5   administration, building codes and standards division; 
  7.6      (7) one nonvoting member from the Minnesota department of 
  7.7   labor and industry (MnOSHA); 
  7.8      (8) one nonvoting member from the Minnesota department of 
  7.9   health (MDH); 
  7.10     (9) one nonvoting member from the Minnesota department of 
  7.11  natural resources (DNR); 
  7.12     (10) one nonvoting member from the Minnesota department of 
  7.13  public safety (DPS); 
  7.14     (11) one nonvoting member from the Minnesota pollution 
  7.15  control agency (MPCA); 
  7.16     (12) one nonvoting member from the Minnesota emergency 
  7.17  response commission (MERC); 
  7.18     (13) one nonvoting member from the Minnesota emergency 
  7.19  medical services association; 
  7.20     (14) one nonvoting member from the Minnesota fire service 
  7.21  certification board; 
  7.22     (15) one nonvoting member from the Minnesota emergency 
  7.23  medical services (EMS) regulatory board; and 
  7.24     (16) one nonvoting member from the Minnesota peace officers 
  7.25  standards and training board (POST). 
  7.26     The board may add additional nonvoting members as technical 
  7.27  advisers that, in its determination, may assist the board in its 
  7.28  duties. 
  7.29     Subd. 5.  [TERMS.] (a) The terms of the voting members 
  7.30  representing the regions are three years, with the appointments 
  7.31  staggered so that five members of the board are appointed each 
  7.32  year.  A voting member may serve no more than two consecutive 
  7.33  terms on the board. 
  7.34     (b) The term of a nonvoting member appointed by the 
  7.35  governor who is a representative of the general public with no 
  7.36  direct connection to the fire service, is three years.  This 
  8.1   member may serve no more than one term on the board.  The terms 
  8.2   of the nonvoting members shall be determined by the member's 
  8.3   appointing authority. 
  8.4      Subd. 6.  [CHAIR.] The chair must be selected from one of 
  8.5   the 15 regional members and will hold the position for no more 
  8.6   than one term. 
  8.7      Subd. 7.  [VICE-CHAIR.] The vice-chair of the board must be 
  8.8   selected from one of the 15 region members and will hold the 
  8.9   position for no more than one term. 
  8.10     Sec. 3.  [137A.03] [POWERS AND DUTIES.] 
  8.11     (a) The board has the following powers and duties: 
  8.12     (1) assist public and private fire departments in Minnesota 
  8.13  through education, training, counseling, measurement, and 
  8.14  evaluation services; 
  8.15     (2) conduct statewide, regional, and local educational and 
  8.16  training programs in Minnesota that may provide opportunities to 
  8.17  comply with the voluntary certification requirements of the 
  8.18  professional firefighter qualifications standards; 
  8.19     (3) offer board-approved programs of education and 
  8.20  instruction, conducted by staff and faculty, through the 
  8.21  Minnesota fire service training board system; 
  8.22     (4) plan and conduct an annual state fire school and other 
  8.23  short courses of instruction; 
  8.24     (5) provide applied research to support fire training and 
  8.25  education programs; 
  8.26     (6) develop and distribute instructional and educational 
  8.27  materials to support the fire training and education programs 
  8.28  offered by the board; 
  8.29     (7) develop mechanisms by which firefighters and others may 
  8.30  earn college credits and degrees in fire-related disciplines; 
  8.31     (8) develop and offer other programs and services 
  8.32  consistent with the general purposes of the board; 
  8.33     (9) cooperate with and assist all state agencies concerning 
  8.34  fire-protection matters; 
  8.35     (10) plan, construct, operate, and control training 
  8.36  facilities and structures as necessary to conduct the board 
  9.1   activities; 
  9.2      (11) establish procedures for handling complaints and 
  9.3   disqualification of qualified program instructors; and 
  9.4      (12) adopt rules pursuant to the Administrative Procedure 
  9.5   Act, chapter 14, and perform other acts as may be necessary and 
  9.6   appropriate to carry out its powers and duties. 
  9.7      (b) The board shall not propagate or create any mandatory 
  9.8   certification for firefighters. 
  9.9      (c) The board shall include, free of charge to the 
  9.10  individual firefighter, all training required by MnOSHA, or by 
  9.11  other state or federal statutory requirements to meet the 
  9.12  requirements of a structural firefighter.  Training must be 
  9.13  approved by the board prior to the delivery of the programs. 
  9.14     Sec. 4.  [137A.04] [FEES; REVOLVING ACCOUNT.] 
  9.15     Fees collected under this chapter must be deposited in the 
  9.16  state treasury and credited to a special account in the general 
  9.17  fund.  Money in the account is annually appropriated to the 
  9.18  board to administer and enforce this chapter, to pay indirect 
  9.19  costs, to pay for contracted services and expenses, and to make 
  9.20  refunds. 
  9.21     Sec. 5.  [137A.05] [BOARD MEETING PROCEDURES.] 
  9.22     Subdivision 1.  [OPEN MEETINGS REQUIRED.] Regular and 
  9.23  special board meetings and board-authorized subcommittee and 
  9.24  task force meetings must be open to the public.  All board 
  9.25  decisions must be made at open meetings. 
  9.26     Subd. 2.  [MEETING LOCATIONS.] Board meetings may be 
  9.27  conducted by conference phone when possible.  The annual meeting 
  9.28  must be conducted in St. Cloud, Minnesota, at a physical 
  9.29  location to be determined by the board and accessible to the 
  9.30  public.  When board meetings are conducted over conference 
  9.31  telephones, the board member may be at the local fire station in 
  9.32  the board member's community of residence.  The general public 
  9.33  may participate at that location.  All board member fire station 
  9.34  locations must be published for the purposes of making meetings 
  9.35  more accessible to the public and to reduce unnecessary 
  9.36  driving.  Notices of regular and special board meetings and 
 10.1   meetings of board subcommittees and task forces must be posted 
 10.2   in a conspicuous place in each board office. 
 10.3      Subd. 3.  [POSTING OF MEETING NOTICES.] All notices of 
 10.4   regular and special board meetings and meetings of board 
 10.5   subcommittees and task forces must be posted in a conspicuous 
 10.6   place in the board offices. 
 10.7      Subd. 4.  [NOTICE OF REGULAR MEETINGS; RESCHEDULING.] (a) 
 10.8   The chair shall designate the time and place of each regular 
 10.9   meeting.  At least ten calendar days prior to a regular meeting, 
 10.10  written notice of the time, place, and matters to be considered 
 10.11  must be posted and served on board members, technical 
 10.12  representatives, interested persons, and parties to a matter 
 10.13  being considered at the meeting.  Notice of the meeting must be 
 10.14  published in the newspaper of general circulation where the 
 10.15  meeting is to be held, prior to the meeting. 
 10.16     (b) The chair may direct that a regular meeting be 
 10.17  rescheduled.  Written notice of a rescheduled regular meeting 
 10.18  must be given in the manner described in paragraph (a). 
 10.19     Subd. 5.  [NOTICE OF SPECIAL MEETINGS.] The chair, 
 10.20  vice-chair, or a majority of the board members may call a 
 10.21  special meeting when considered necessary or desirable.  At 
 10.22  least three calendar days prior to a special meeting, written 
 10.23  notice of the time, place, and matters to be considered must be 
 10.24  posted and served on board members, technical representatives, 
 10.25  interested persons, and each party to a matter being considered 
 10.26  at the meeting. 
 10.27     Subd. 6.  [AGENDA PREPARATION.] The chair shall prepare a 
 10.28  proposed agenda of business to be conducted for meetings of the 
 10.29  board.  The agenda must include the time and place of the 
 10.30  meeting and a list of matters to be considered.  Items may be 
 10.31  placed on the agenda by notifying the chair of the matter at 
 10.32  least 14 calendar days prior to a regular meeting.  The chair 
 10.33  shall determine whether or not a matter should be placed on the 
 10.34  agenda and shall advise the board of all matters not placed on 
 10.35  the agenda.  A copy of an agenda constitutes written notice of 
 10.36  board meetings when served. 
 11.1      Subd. 7.  [FILING OF WRITTEN MATERIAL.] Written material 
 11.2   related to a matter to be decided by the board at a regular 
 11.3   meeting must be delivered to the board offices at least seven 
 11.4   calendar days before a regular meeting.  Written material 
 11.5   related to a matter to be decided at a special meeting must be 
 11.6   personally served on all parties, board members, and at the 
 11.7   board offices at least two calendar days before the special 
 11.8   meeting. 
 11.9      Subd. 8.  [QUORUM.] A quorum must be present for 
 11.10  transaction of board business. 
 11.11     Subd. 9.  [PARLIAMENTARY PROCEDURE.] Except as specifically 
 11.12  provided under this chapter, the most current revision of 
 11.13  Roberts Rules of Order Revised governs any question of 
 11.14  parliamentary procedure that arises at a board meeting. 
 11.15     Subd. 10.  [ADOPTION OF AGENDA.] The first order of 
 11.16  business at the meeting must be adoption of the minutes and then 
 11.17  the agenda, either of which may be amended or modified by the 
 11.18  board prior to taking up other business.  No matter may be voted 
 11.19  upon at a regular or special board meeting unless it has been 
 11.20  placed on the agenda.  Discussion or informational items for 
 11.21  which no decision will be made at the meeting may be added to 
 11.22  the agenda at the meeting. 
 11.23     Subd. 11.  [PUBLIC FORUM.] The chair may include a portion 
 11.24  of time on each regular meeting agenda for persons to present 
 11.25  statements on matters that are within the board's jurisdiction 
 11.26  but are not on the agenda.  The chair shall determine the limits 
 11.27  of time and the relevancy of the statement to the board's 
 11.28  jurisdiction. 
 11.29     Subd. 12.  [ARGUMENT AND PRESENTATIONS.] A person who 
 11.30  wishes to present a statement on a matter that is on the agenda 
 11.31  for the meeting may present statements to the board at the 
 11.32  meeting; provided, however, that all written supporting 
 11.33  materials must be filed with the board before the meeting.  If 
 11.34  the board determines that a person affected by an oral or 
 11.35  written statement has not had adequate opportunity to respond, 
 11.36  the board shall allow additional time to respond.  The chair 
 12.1   shall determine the limits of time and the relevancy of 
 12.2   discussion or debate on any matter before the board. 
 12.3      Subd. 13.  [VOTING.] An affirmative vote of a majority of 
 12.4   all members of the board is necessary to take action, including 
 12.5   the adoption, amendment, or repeal of rules and orders.  All 
 12.6   voting members present, including the chair, shall vote or 
 12.7   abstain on every matter presented for board action.  When 
 12.8   computing a majority of members of the board, absences or 
 12.9   abstentions must be included and vacancies must be excluded.  
 12.10  Whenever a motion for final adoption of a decision, resolution, 
 12.11  or other action fails to receive the vote required and no 
 12.12  contrary motion for final adoption has received the required 
 12.13  vote, no action may be taken and the matter must be placed on 
 12.14  the agenda of the next regular meeting or a special meeting 
 12.15  without need for a determination to reopen, rehear, or otherwise 
 12.16  reconsider the matter. 
 12.17     Subd. 14.  [RECORD OF MEETINGS.] The board shall keep full 
 12.18  and accurate minutes of all meetings, including a record of all 
 12.19  votes of individual members. 
 12.20     Subd. 15.  [NOTICE OF DECISIONS.] Following each regular or 
 12.21  special meeting, a copy of all decisions or resolutions adopted 
 12.22  by the board must be served on all parties to an action.  Notice 
 12.23  of board decisions must be published in the board's web site and 
 12.24  other electronic and printed media.  The board shall, upon 
 12.25  request, send printed results to those who have no access to 
 12.26  electronic media.  
 12.27     Subd. 16.  [AUDITING.] The board, through its director, 
 12.28  shall verify that proper billing and collection of funds are 
 12.29  being attained.  The board, through its director, shall verify 
 12.30  that training is being conducted by qualified instructors. 
 12.31     Sec. 6.  [137A.06] [LOCAL GOVERNMENT AUTHORITY.] 
 12.32     The governing body of the local government shall determine 
 12.33  the training to meet the local need and may request assistance 
 12.34  from the board in making that determination of training to be 
 12.35  delivered within its jurisdiction. 
 12.36     Sec. 7.  [137A.07] [TRAINING STANDARDS.] 
 13.1      Subdivision 1.  [TRAINING.] The fire departments of local 
 13.2   governments will receive training from an instructor deemed by 
 13.3   the board to be qualified in delivering the program, shall use 
 13.4   curriculum developed by the board through the state director of 
 13.5   training, based on state and national standards to meet the 
 13.6   highest quality of professional skills for the student and have 
 13.7   sufficient record of necessary training for subject program as 
 13.8   it applies to the state and federal OSHA standards. 
 13.9      Subd. 2.  [TRAINING OFFERED.] All training offered by 
 13.10  private in-state or out-of-state vendors or contractors not 
 13.11  currently working through the board must receive approval before 
 13.12  marketing or offering training. 
 13.13     Sec. 8.  [137A.08] [TRANSFER OF POWERS, RESOURCES, AND 
 13.14  STAFF.] 
 13.15     Subdivision 1.  [MNSCU] The MnSCU Fire/EMS information 
 13.16  research and education center (FIRE/EMS Center) and its 
 13.17  technical library, the center's staff and all resources and 
 13.18  equipment shall transfer from the Minnesota state colleges and 
 13.19  universities (MnSCU) board to the board of fire service training.
 13.20     Subd. 2.  [TRAINING STAFF AND RESOURCES.] All MnSCU 
 13.21  educational institutions offering firefighter training other 
 13.22  than the two-year degree program shall transfer from the 
 13.23  Minnesota state colleges and universities board all staff and 
 13.24  resources and equipment to the board. 
 13.25     Subd. 3.  [APPROPRIATIONS AND PERSONNEL.] All 
 13.26  appropriations and personnel, full time or part time, and 
 13.27  appropriations directed to the firefighter tuition subsidy to 
 13.28  technical colleges and the MnSCU program development allocations 
 13.29  are also transferred. 
 13.30     Subd. 4.  [RESOURCE TRANSFER ASSISTANCE.] Pursuant to 
 13.31  section 15.039, the department of administration shall assist 
 13.32  the board in transferring responsibilities, as defined in 
 13.33  section 15.039, subdivision 1. 
 13.34     Sec. 9.  Minnesota Statutes 1996, section 169.14, is 
 13.35  amended by adding a subdivision to read: 
 13.36     Subd. 13.  [FUNDING FIREFIGHTER TRAINING.] Two and one-half 
 14.1   percent of the proceeds of fines collected for violations of 
 14.2   this section and deposited in the general fund of the state 
 14.3   treasury must be credited to the special account created in 
 14.4   section 137A.04 for the purposes of firefighter training under 
 14.5   chapter 137A. 
 14.6      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 14.7   171.29, subdivision 2, is amended to read: 
 14.8      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 14.9   license has been revoked as provided in subdivision 1, except 
 14.10  under section 169.121 or 169.123, shall pay a $30 fee before the 
 14.11  driver's license is reinstated. 
 14.12     (b) A person whose driver's license has been revoked as 
 14.13  provided in subdivision 1 under section 169.121 or 169.123 shall 
 14.14  pay a $250 fee plus a $10 surcharge before the driver's license 
 14.15  is reinstated.  The $250 fee is to be credited as follows: 
 14.16     (1) Twenty percent shall be credited to the trunk highway 
 14.17  fund. 
 14.18     (2) Fifty-five Fifty-two and one-half percent shall be 
 14.19  credited to the general fund. 
 14.20     (3) Eight percent shall be credited to a separate account 
 14.21  to be known as the bureau of criminal apprehension account.  
 14.22  Money in this account may be appropriated to the commissioner of 
 14.23  public safety and the appropriated amount shall be apportioned 
 14.24  80 percent for laboratory costs and 20 percent for carrying out 
 14.25  the provisions of section 299C.065. 
 14.26     (4) Twelve percent shall be credited to a separate account 
 14.27  to be known as the alcohol-impaired driver education account.  
 14.28  Money in the account is appropriated as follows: 
 14.29     (i) The first $200,000 in a fiscal year is to the 
 14.30  commissioner of children, families, and learning for programs in 
 14.31  elementary and secondary schools. 
 14.32     (ii) The remainder credited in a fiscal year is 
 14.33  appropriated to the commissioner of transportation to be spent 
 14.34  as grants to the Minnesota highway safety center at St. Cloud 
 14.35  State University for programs relating to alcohol and highway 
 14.36  safety education in elementary and secondary schools. 
 15.1      (5) Five percent shall be credited to a separate account to 
 15.2   be known as the traumatic brain injury and spinal cord injury 
 15.3   account.  $100,000 is annually appropriated from the account to 
 15.4   the commissioner of human services for traumatic brain injury 
 15.5   case management services.  The remaining money in the account is 
 15.6   annually appropriated to the commissioner of health to establish 
 15.7   and maintain the traumatic brain injury and spinal cord injury 
 15.8   registry created in section 144.662 and to reimburse the 
 15.9   commissioner of economic security for the reasonable cost of 
 15.10  services provided under section 268A.03, clause (o). 
 15.11     (6) Two and one-half percent shall be credited to the 
 15.12  special account established in section 137A.04 for the purposes 
 15.13  of firefighter training under chapter 137A.  
 15.14     (c) The $10 surcharge shall be credited to a separate 
 15.15  account to be known as the remote electronic alcohol monitoring 
 15.16  pilot program account.  The commissioner shall transfer the 
 15.17  balance of this account to the commissioner of finance on a 
 15.18  monthly basis for deposit in the general fund. 
 15.19     Sec. 11.  [APPROPRIATIONS.] 
 15.20     $1,500,000 is appropriated from the general fund to the 
 15.21  Minnesota fire service training board for the purposes of 
 15.22  implementing and administering this act.  
 15.23     Sec. 12.  [EFFECTIVE DATE.] 
 15.24     Sections 1 to 11 are effective July 1, 1998.