Revise firefighter qualifications

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69th Legislature 2025 SB 362
- 1 - Authorized Print Version – SB 362
ENROLLED BILL
AN ACT REVISING MUNICIPAL FIREFIGHTER QUALIFICATIONS; ALLOWING THE FIRE CHIEF TO
QUALIFY A PERSON CONVICTED OF CERTAIN FELONIES AS A FIREFIGHTER; AND AMENDING
SECTIONS 7-33-4107 AND 7-33-4108, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-33-4107, MCA, is amended to read:
"7-33-4107. Qualifications of firefighters. (1) The state of Montana determines that qualifications for
the firefighting profession must recognize the rigorous physical demands placed on firefighters and the
expectation of many years of emergency service. To qualify as a firefighter, an applicant:
(1)(a) must be a citizen or lawful permanent resident of the United States;
(2)(b) must be at least 18 years of age;
(3)(c) must be a high school graduate or have been issued a high school equivalency diploma by the
superintendent of public instruction or by an appropriate issuing agency of another state or of the federal
government;
(4)(d) must possess or be eligible for a valid Montana driver's license;
(5)(e) shall pass a physical examination by a qualified physician, physician assistant, or advanced
practice registered nurse, who is not the applicant's personal physician, physician assistant, or advanced
practice registered nurse, appointed by the employing authority to determine if the applicant is free from any
mental or physical condition that might adversely affect the applicant's performance of the duties of a firefighter,
including requirements described in 7-33-1902;
(6)(f) must be fingerprinted and a search must be made of the local, state, and national fingerprint
files to disclose any criminal record; and
(7)(g) except as provided in subsection (2), may not have been convicted of a crime for which the
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69th Legislature 2025 SB 362
- 2 - Authorized Print Version – SB 362
ENROLLED BILL
applicant could have been imprisoned in a federal or state penitentiary.
(2) (a) Pursuant to subsection (2)(b), at the discretion of the fire chief, an applicant who has been
convicted of a misdemeanor or a felony may be allowed to qualify as a firefighter.
(b) A fire chief may not allow an applicant to qualify as a firefighter if the applicant has been
convicted of a crime that requires the applicant to register on the sexual or violent offender registry under Title
46, chapter 23, part 5."
Section 2. Section 7-33-4108, MCA, is amended to read:
"7-33-4108. Physical examination. The examination required by 7-33-4107(5)(1)(e) must be in
writing, and a written determination of the examination must be filed with the city or town clerk. The
determination of the examination must disclose the ability of the applicant to perform the physical work usually
required of firefighters in the performance of their duty."
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I hereby certify that the within bill,
SB 362, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 362
INTRODUCED BY T. TEZAK, G. LAMMERS
AN ACT REVISING MUNICIPAL FIREFIGHTER QUALIFICATIONS; ALLOWING THE FIRE CHIEF TO
QUALIFY A PERSON CONVICTED OF CERTAIN FELONIES AS A FIREFIGHTER; AND AMENDING
SECTIONS 7-33-4107 AND 7-33-4108, MCA.