1.1 	A bill for an act
1.2 	relating to firefighters; adding duties to the Board of Firefighter Standards and 
1.3 	Training; authorizing rulemaking; creating licensing standards; appropriating 
1.4 	money;amending Minnesota Statutes 2006, sections 299F.012, subdivision 2; 
1.5 	299N.01; 299N.02, as amended; proposing coding for new law in Minnesota 
1.6 	Statutes, chapter 299N.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 299F.012, subdivision 2, is amended to 
1.9 	read:
1.10 		Subd. 2.Fire Service Advisory Committee. The Fire Service Advisory Committee 
1.11 	shall provide recommendations to the commissioner of public safety on fire service-related 
1.12 	issues and shall consist of representatives of each of the following organizations: two 
1.13 	appointed by the president of the Minnesota State Fire Chiefs Association, two appointed 
1.14 	by the president of the Minnesota State Fire Department Association, two appointed by 
1.15 	the president of the Minnesota Professional Fire Fighters, two appointed by the president 
1.16 	of the League of Minnesota Cities, one appointed by the president of the Minnesota 
1.17 	Association of Townships, one appointed by the president of the Insurance Federation 
1.18 	of Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of the 
1.19 	International Association of Arson Investigators and the Fire Marshals Association of 
1.20 	Minnesota, and the commissioner of public safety or the commissioner's designee. The 
1.21 	commissioner of public safety must ensure that at least three of the members of the 
1.22 	advisory committee work and reside in counties outside of the seven-county metropolitan 
1.23 	area. The committee shall provide funding recommendations to the commissioner of 
1.24 	public safety from the fire safety fund for the following purposes:
1.25 	(1) for the Minnesota Board of Firefighter Standards and Training and Education;
2.1 	(2) for programs and staffing for the State Fire Marshal Division; and
2.2 	(3) for fire-related regional response team programs and any other fire service 
2.3 	programs that have the potential for statewide impact.

2.4 	Sec. 2. Minnesota Statutes 2006, section 299N.01, is amended to read:
2.5 	299N.01 DEFINITIONS.
2.6 		Subdivision 1.Scope. The terms used in this chapter have the meanings given 
2.7 	them in this section.
2.8 		Subd. 1a.Board. "Board" means the Board of Firefighter Standards and Training.
2.9 		Subd. 1b.Chief firefighting officer. "Chief firefighting officer" means the highest 
2.10 	ranking employee or appointed official of a fire department.
2.11 		Subd. 2.Fire department. "Fire department" means a regularly organized fire 
2.12 	department, fire protection district, or fire company, as defined in the State Fire Code 
2.13 	adopted under section 299F.011, or a division of a state agency, regularly charged with the 
2.14 	responsibility of providing fire protection to the state or a local government and includes a 
2.15 	private nonprofit fire department directly serving a local government. It does not include 
2.16 	industrial fire brigades.
2.17 		Subd. 2a.Firefighter education. "Firefighter education" means a postsecondary 
2.18 	degree program, or a nondegree program for persons who already have a college degree, 
2.19 	that is offered by a college or university in Minnesota, designed for persons seeking 
2.20 	licensure as a firefighter and approved by the board.
2.21 		Subd. 3.Licensed firefighter. "Licensed firefighter" means a volunteer, paid 
2.22 	on-call, part-time, or career firefighter serving a general populationa firefighter who is 
2.23 	licensed by the board and who is charged with the prevention or suppression of fires 
2.24 	within the boundaries of the state. "Firefighter" includes employees, members, their 
2.25 	supervisors, and appointed officials of fire departments.

2.26 	Sec. 3. Minnesota Statutes 2006, section 299N.02, as amended by Laws 2007, chapter 
2.27 	54, article 7, section 20, is amended to read:
2.28 	299N.02 BOARD OF FIREFIGHTER TRAINING AND EDUCATION.
2.29 		Subdivision 1.Membership. Notwithstanding any provision of chapter 15 to the 
2.30 	contrary, the Board of Firefighter Standards and Training and Education consists of the 
2.31 	following members:
2.32 	(1) five members representing the Minnesota State Fire Department Association, 
2.33 	four of whom must be volunteer firefighters and one of whom may be a career licensed
2.34 	firefighter, appointed by the governor;
3.1 	(2) two members representing the Minnesota State Fire Chiefs Association, one of 
3.2 	whom must be a volunteer fire chief, appointed by the governor;
3.3 	(3) two members representing the Minnesota Professional Firefighters Association, 
3.4 	appointed by the governor;
3.5 	(4) two members representing Minnesota home rule charter and statutory cities, 
3.6 	appointed by the governor;
3.7 	(5) two members representing Minnesota towns, appointed by the governor;
3.8 	(6) the commissioner of public safety or the commissioner's designee; and
3.9 	(7) one public member not affiliated or associated with any member or interest 
3.10 	represented in clauses (1) to (6), appointed by the governor.
3.11 	The Minnesota State Fire Department Association shall recommend five persons to 
3.12 	be the members described in clause (1), the Minnesota State Fire Chiefs Association 
3.13 	shall recommend two persons to be the members described in clause (2), the Minnesota 
3.14 	Professional Firefighters Association shall recommend two persons to be the members 
3.15 	described in clause (3), the League of Minnesota Cities shall recommend two persons to 
3.16 	be the members described in clause (4), and the Minnesota Association of Townships 
3.17 	shall recommend two persons to be the members described in clause (5). In making the 
3.18 	appointments the governor shall try to achieve representation from all geographic areas of 
3.19 	the state.
3.20 		Subd. 2.Terms; chair; compensation. Members of the board shall serve for terms 
3.21 	of four years and annually elect a chair from among the members. Terms and filling of 
3.22 	vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without 
3.23 	compensation.
3.24 		Subd. 3.Powers and duties. (a) The board shall has the following powers and 
3.25 	duties:
3.26 	(1) to review fire service training needs and make recommendations on training 
3.27 	to Minnesota fire service organizations;
3.28 	(2) to establish standards for educational programs for the fire service and develop 
3.29 	procedures for continuing oversight of the programs; and
3.30 	(3) to establish qualifications for fire service training instructors in programs 
3.31 	established under clause (2).;
3.32 	(4) to certify firefighters' training schools or programs administered by the state, the 
3.33 	University of Minnesota, the Minnesota State Colleges and Universities, counties, and 
3.34 	municipalities located within the state in whole or in part no later than 90 days after 
3.35 	receipt of an application for certification. The reasons for noncertification of any school 
3.36 	or program or part thereof must be transmitted to the school or program within 90 days 
4.1 	and must contain a detailed explanation of the reasons for which the school or program 
4.2 	was disapproved and an explanation of what supporting material or other requirements 
4.3 	are necessary for the board to reconsider. Disapproval of a school or program does not 
4.4 	preclude the reapplication for certification of the school or program;
4.5 	(5) to issue certificates to schools or programs, and to revoke certification when 
4.6 	necessary to maintain the objectives and purposes of this chapter;
4.7 	(6) to certify as qualified instructors at firefighter training schools or programs and to 
4.8 	issue appropriate certificates to the instructors;
4.9 	(7) to certify apprenticeship programs maintained by fire departments;
4.10 	(8) to license firefighters who have satisfactorily completed skills-oriented basic 
4.11 	training courses, and passed examinations as required by the board;
4.12 	(9) to cause studies and surveys to be made relating to the establishment, operation, 
4.13 	and approval of state, the University of Minnesota, the Minnesota State Colleges and 
4.14 	Universities, county, and municipal firefighter training schools or programs;
4.15 	(10) to consult and cooperate with state, the University of Minnesota, the Minnesota 
4.16 	State Colleges and Universities, county, and municipal firefighter training schools or 
4.17 	programs for the development of in-service training programs for firefighters;
4.18 	(11) to consult and cooperate with Minnesota State Colleges and Universities for 
4.19 	the development of specialized courses of instruction and study in the state for licensed 
4.20 	firefighters and firefighters in fire science and fire department administration;
4.21 	(12) to consult and cooperate with other departments and agencies of the state and 
4.22 	federal government concerned with firefighter standards and training;
4.23 	(13) to perform other acts that are necessary and appropriate to carry out the powers 
4.24 	and duties of this chapter;
4.25 	(14) to coordinate the provision, on a regional basis, of skills-oriented basic training 
4.26 	courses to graduates of firefighter education programs; and
4.27 	(15) to prepare and transmit annually to the governor a report of its activities with 
4.28 	respect to allocation of money appropriated to it for firefighter training, including the 
4.29 	name and address of each recipient of money for that purpose, the amount awarded, and 
4.30 	the purpose of the award.
4.31 	(b) The board may:
4.32 	(1) hire or contract for technical or professional services according to section 15.061;
4.33 	(2) pay expenses necessary to carry out its duties;
4.34 	(3) apply for, receive, and accept grants, gifts, devises, and endowments that any 
4.35 	entity may make to the board for the purposes of this chapter and may use any money 
5.1 	given to it consistent with the terms and conditions under which the money was received 
5.2 	and for the purposes stated;
5.3 	(4) make recommendations to the legislature to improve the quality of firefighter 
5.4 	training;
5.5 	(5) collect and provide data, subject to section 13.03;
5.6 	(6) conduct studies and surveys and make reports; and
5.7 	(7) conduct other activities necessary to carry out its duties.
5.8 		Subd. 4.Reporting requirements. The board shall report to the state fire marshal 
5.9 	and to the governor at least every two years concerning the activities of the board. The 
5.10 	board shall also report every two years to the chairs of the senate and house committees 
5.11 	and divisions having jurisdiction over criminal justice funding concerning the activities of 
5.12 	the board.

5.13 	Sec. 4. [299N.03] RULES.
5.14 	The board shall adopt rules with respect to:
5.15 	(1) the certification of firefighter training schools, programs, or courses. The schools, 
5.16 	programs, and courses must include those administered by the state, county, school 
5.17 	district, municipality, or joint or contractual combinations thereof, and must include 
5.18 	preparatory instruction in firefighting and minimum basic training courses. The schools or 
5.19 	programs shall also grant credit toward a firefighter education degree for training or course 
5.20 	work successfully completed as part of an apprenticeship program certified by the board;
5.21 	(2) minimum courses of study, attendance requirements, and equipment and facilities 
5.22 	to be required at each certified firefighter training school or program located within the 
5.23 	state;
5.24 	(3) minimum qualifications for instructors at certified firefighter training schools or 
5.25 	programs located within the state;
5.26 	(4) minimum standards of conduct that would affect an individual's performance 
5.27 	of duties as a licensed firefighter. The board shall review the minimum standards of 
5.28 	conduct described in this clause for possible modification in 2012 and every three years 
5.29 	after that time;
5.30 	(5) minimum basic training which licensed firefighters appointed to temporary or 
5.31 	probationary terms shall complete before being eligible for permanent appointment, and 
5.32 	the time within which the basic training must be completed following any appointment to 
5.33 	a temporary or probationary term;
5.34 	(6) content of minimum basic training courses required of graduates of certified 
5.35 	firefighting training schools or programs. The courses must not duplicate the content 
6.1 	of certified academic or general background courses completed by a student but must 
6.2 	concentrate on practical skills deemed essential for a firefighter. Successful completion of 
6.3 	the course is considered satisfaction of the minimum basic training requirement; and
6.4 	(7) grading, reporting, attendance, and other records, and certificates of attendance 
6.5 	or accomplishment.

6.6 	Sec. 5. [299N.04] TERMS; MEETINGS; COMPENSATION; REMOVAL; 
6.7 	VACANCIES.
6.8 		Subdivision 1.Board procedural matters. Meetings shall be called at the request 
6.9 	of the chair or upon the written request of a majority of the members of the board. 
6.10 	Membership on the board does not constitute the holding of a public office, and members 
6.11 	of the board are not required to take and file oaths of office or submit a public official's 
6.12 	bond before serving on the board. No member of the board is disqualified from holding 
6.13 	any public office or employment, by reason of appointment to the board, nor shall the 
6.14 	member forfeit any such office or employment notwithstanding any general, special, or 
6.15 	local restriction; ordinance; or city charter to the contrary.
6.16 		Subd. 2.Terms, compensation, removal, and filling of vacancies.  The 
6.17 	membership terms, compensation, removal of members, and filling of vacancies for 
6.18 	members appointed under section 299N.02; the provision of staff, administrative services, 
6.19 	and office space; the review and processing of complaints; the setting of fees; and other 
6.20 	matters relating to board operations are as provided in chapter 214.

6.21 	Sec. 6. [299N.05] MINIMUM EDUCATION AND TRAINING REQUIREMENTS 
6.22 	FOR LICENSED FIREFIGHTERS.
6.23 		Subdivision 1.Eligibility to take licensing examination. A person is not eligible to 
6.24 	take the licensing examination unless the person has successfully met the requirements 
6.25 	of section 299N.08.
6.26 		Subd. 2.In-service training; board requirements. The board must provide 
6.27 	instructional materials to chief firefighting officers. These materials must meet board 
6.28 	requirements for continuing education credit and be updated periodically as the board 
6.29 	considers appropriate.
6.30 		Subd. 3.In-service training; chief firefighting officer requirements. A chief 
6.31 	firefighting officer must ensure that all licensed firefighters within the officer's department 
6.32 	have been provided with the instructional materials provided by the board under 
6.33 	subdivision 2 and informed of the availability of continuing education credit for the 
7.1 	completion of these materials. The chief firefighting officer must also encourage these 
7.2 	licensed firefighters to review or complete the materials. 
7.3 		Subd. 4.Record keeping required. The chief firefighting officer of every fire 
7.4 	department shall maintain written records of the department's compliance with the 
7.5 	requirements of subdivisions 1 and 3.

7.6 	Sec. 7. [299N.06] LICENSE REQUIRED.
7.7 		Subdivision 1.Licensure requirement. Notwithstanding any general or local law 
7.8 	or charter to the contrary, a firefighter employed in a full-time position on or after July 1, 
7.9 	2012, by any state, county, municipality, or joint or contractual combination thereof of 
7.10 	the state of Minnesota is not eligible for permanent appointment without being licensed 
7.11 	by the board.
7.12 		Subd. 2.Forfeiture of position. Every full-time firefighter or firefighter who is 
7.13 	appointed by any state, county, municipality, or joint or contractual combination thereof of 
7.14 	the state of Minnesota on a temporary basis or for a probationary term shall forfeit the 
7.15 	firefighter's position unless the officer has been licensed by the board within the time 
7.16 	period determined by the board.
7.17 		Subd. 3.Grandparent provision. A firefighter who has received a permanent 
7.18 	appointment with a fire department prior to July 1, 2012, shall be licensed by the board 
7.19 	at the request of the firefighter.

7.20 	Sec. 8. [299N.07] LICENSING EXAMINATIONS; COMPETENCY 
7.21 	REQUIREMENTS.
7.22 	Firefighter licensing examinations must be prepared and administered by the 
7.23 	Minnesota Fire Service Certification Board, or any other entity that is certified by the 
7.24 	International Fire Service Accreditation Congress and approved by the board.  Firefighter 
7.25 	licensing examinations shall be designed to ensure competency in at least the following 
7.26 	areas:
7.27 	(1) fire prevention;
7.28 	(2) fire suppression;
7.29 	(3) hazardous materials;
7.30 	(4) fire apparatus operations; and
7.31 	(5) other areas as determined by the board.
7.32 	The board shall prepare learning objectives for courses to test competency under this 
7.33 	section. Upon request, the board shall provide to any chief firefighting officer lesson plans 
7.34 	and instructional materials reasonably necessary to conduct classes in the required areas 
8.1 	of study. Nothing in this section may be construed to prohibit a requirement for more 
8.2 	comprehensive training imposed by a local fire department.

8.3 	Sec. 9. [299N.08] ELIGIBILITY FOR FIREFIGHTER LICENSING.
8.4 		Subdivision 1.Eligibility for licensing examination. Any person may take the 
8.5 	firefighter licensing examination who has successfully completed:
8.6 	(1) (i) a firefighter course certified by the board from a postsecondary educational 
8.7 	institution or an accredited institution of higher learning; or 
8.8 	(ii) an apprenticeship program certified by the board and maintained by a fire 
8.9 	department employing the person; and
8.10 	(2) a skills-oriented basic training course established under section 299N.02, 
8.11 	subdivision 3, clause (8).
8.12 		Subd. 2.Certain baccalaureate degree holders eligible to take licensing 
8.13 	examination. A person with a baccalaureate degree from an accredited college or 
8.14 	university who has successfully completed the skills-oriented basic training course under 
8.15 	subdivision 1, clause (2), is eligible to take the firefighter licensing examination without 
8.16 	complying with subdivision 1, clause (1).

8.17 	Sec. 10. [299N.09] FIREFIGHTER EDUCATION PROGRAMS.
8.18 	The Minnesota State Colleges and Universities, in consultation with the Board of 
8.19 	Firefighter Standards and Training and fire departments in the seven-county metropolitan 
8.20 	area, shall provide core firefighter education courses in an accelerated time period. 
8.21 	The schools shall grant priority admission to students who have a bona fide offer of 
8.22 	employment from a Minnesota fire department. These courses shall be available at the 
8.23 	beginning of the 2011-2012 academic year and are contingent on sufficient program 
8.24 	enrollment. The board, Metropolitan State University, and Minneapolis Community 
8.25 	College shall evaluate the accelerated firefighter education programs and report their 
8.26 	findings to the 2013 legislature.

8.27 	Sec. 11. APPROPRIATION.
 8.28 	$150,000 is appropriated each year of the biennium from the general fund to the 
8.29 	Board of Firefighter Standards and Training to certify firefighter training schools or 
8.30 	programs, school and program instructors, and apprentice programs; to develop rules with 
8.31 	respect to those certifications and schools and programs; and to develop the licensing 
8.32 	process for firefighters required by Minnesota Statutes, chapter 299N.