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Current Status Bill Number:View additional legislative information at the LPITS web site.4849 Ratification Number:468 Act Number:386 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000330 Primary Sponsor:Askins All Sponsors:Askins Drafted Document Number:l:\council\bills\psd\7155jm00.doc Companion Bill Number:1302 Date Bill Passed both Bodies:20000622 Date of Last Amendment:20000622 Governor's Action:S Date of Governor's Action:20000707 Subject:Firefighter Mobilization Act of 2000, Fire Academy Committee; Motor vehicle carriers, registration fees, Public Safety History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000731 Act No. A386 ------ 20000707 Signed by Governor ------ 20000622 Ratified R468 Senate 20000622 Conference Committee Report 88 SCC adopted, enrolled for ratification House 20000622 Conference Committee Report adopted 98 HCC Senate 20000531 Conference powers granted, 88 SCC Moore appointed Senators to Committee O'Dell of Conference Gregory House 20000531 Conference powers granted, 98 HCC Young- appointed Reps. to Committee of Brickell Conference Law Dantzler House 20000531 Insists upon amendment Senate 20000531 Non-concurrence in House amendment House 20000531 Senate amendments amended, returned to Senate with amendment Senate 20000530 Amended, read third time, returned to House with amendment ------ 20000526 Scrivener's error corrected Senate 20000525 Amended, read second time, notice of general amendments Senate 20000524 Committee report: Favorable with 11 SJ amendment Senate 20000509 Introduced, read first time, 11 SJ referred to Committee House 20000505 Read third time, sent to Senate House 20000504 Amended, read second time, unanimous consent for third reading on Friday, 20000505 House 20000503 Committee report: Favorable with 26 HLCI amendment ------ 20000407 Companion Bill No. 1302 House 20000330 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on May 3, 2000 - Word format Revised on May 4, 2000 - Word format Revised on May 24, 2000 - Word format Revised on May 25, 2000 - Word format Revised on May 26, 2000 - Word format Revised on May 30, 2000 - Word format Revised on May 31, 2000 - Word format Revised on June 22, 2000 - Word format
(A386, R468, H4849)
AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000", INCLUDING PROVISIONS ESTABLISHING THE SOUTH CAROLINA FIREFIGHTER MOBILIZATION OVERSIGHT COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES INCLUDING, AMONG OTHER THINGS, ESTABLISHING THE FIREFIGHTER MOBILIZATION PLAN AND APPOINTING STATE AND REGIONAL COORDINATORS TO IMPLEMENT THE PLAN; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO ANNUAL AUDITS AND CARRY FORWARD FUNDS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO AUTHORIZE THE DEPARTMENT TO CARRY FORWARD AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEARS 1996-97 THROUGH 1999-2000; AND TO AMEND SECTION 23-10-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA FIRE ACADEMY ADVISORY COMMITTEE, SO AS TO ADD A MEMBER FROM THE SOUTH CAROLINA FIRE AND LIFE SAFETY EDUCATION ASSOCIATION.
Be it enacted by the General Assembly of the State of South Carolina:
Firefighter Mobilization Act of 2000
SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-49-10. This chapter is known and may be cited as the 'Firefighter Mobilization Act of 2000'.
Section 23-49-20. There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Fire Marshal; (2) the State Emergency Preparedness Division Director of the Adjutant General's Office; (3) the State Forester; (4) a county emergency preparedness division coordinator appointed by the Governor upon consideration of the written recommendations of the Emergency Preparedness Association for a term of three years; and (5) six fire prevention and control personnel appointed by the Governor upon consideration of the written recommendations of the South Carolina State Firemen's Association for three-year terms, three of whom shall serve initial terms of two years, and three of whom shall serve initial terms of three years; thereafter, all fire prevention and control personnel shall serve three-year terms. The Executive Director of the South Carolina State Firemen's Association shall serve as an ex officio, nonvoting member of the committee.
Section 23-49-30. The State Fire Marshal shall serve as chairman and shall call meetings as often as he considers necessary or expedient. The State Emergency Preparedness Division Director of Adjutant General's Office shall serve as vice chairman. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term.
Section 23-49-40. The members of the South Carolina Firefighter Mobilization Oversight Committee shall serve without compensation.
Section 23-49-50. The South Carolina Firefighter Mobilization Oversight Committee shall establish the South Carolina Firefighter Mobilization Plan. The purpose of the plan is to provide for responding firefighting and rescue resources from one part of the State to another part of the State or from one state to another state. The plan is operative (1) under emergencies declared by the Governor or by the President of the United States, (2) when a local fire chief needs additional resources after existing mutual aid agreements have been utilized, or (3) when another state requests assistance in dealing with an emergency when a state mutual aid agreement exists between South Carolina and the other state. In addition, the plan operates and is a part of the State Emergency Response Plan.
Section 23-49-60. (A) The South Carolina Firefighter Mobilization Oversight Committee shall (1) develop procedures and guidelines for dispatching and deploying rural and municipal fire and rescue resources, and (2) establish a system of regions in the State for managing fire and rescue emergencies utilizing an incident command system.
(B) The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and, with the assistance from the offices of the State Fire Marshal and State Emergency Preparedness Director of the Adjutant General's Office, secure local governments' and other states' participation in the agreement.
(C) In order to receive fire and rescue resources under the South Carolina Firefighter Mobilization Plan, each county and municipality in the State must sign a mutual aid agreement. Other participating states must sign a mutual aid agreement with the State Emergency Preparedness Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources.
Section 23-49-70. The South Carolina Firefighter Mobilization Oversight Committee shall appoint the number of state and regional coordinators the committee considers necessary and sufficient for the execution of the South Carolina Firefighter Mobilization Plan. A state coordinator shall be designated by the committee to be in overall charge of managing the state response for fire and rescue services. A regional coordinator is in overall charge of a region for the purpose of managing the regional response for fire and rescue services and must report directly to the state coordinator designated by the committee.
Section 23-49-80. The committee may request and utilize information regarding equipment, personnel, and other fire and rescue resources maintained by the South Carolina State Firemen's Association.
Section 23-49-90. All fire and rescue resources requested and received under the South Carolina Firefighter Mobilization Plan shall be under the command of the local authority having jurisdiction during an emergency until such resources are released.
Section 23-49-100. When directed by the Governor, the South Carolina Department of Transportation and the South Carolina National Guard shall assist with the transportation of equipment and personnel under this chapter.
Section 23-49-110. (A) For purposes of this chapter:
(1) 'Dry fire hydrant' means a fire hydrant that is connected to a source of water from which water is pumped for fire suppression or fire suppression training.
(2) 'Firefighting agency' means any entity that provides firefighting services including, but not limited to:
(a) a fire department;
(b) a political subdivision of this State authorized to provide firefighting services; and
(c) the South Carolina Forestry Commission or commission cooperators.
(3) 'Source of water' means a water system, water tank, ditch, pool, pond, lake, or river.
(B) An owner, lessee, or occupant of real property from whom a firefighting agency utilizes a source of water for firefighting purposes is not liable for damage for personal injury, death, or injury to or destruction of property occurring from:
(1) removal of water from a dry fire hydrant or the installation and maintenance of a dry fire hydrant;
(2) removal of water by drafting or through a pressure hose;
(3) removal of water by a bucket or hose suspended from a helicopter; or
(4) removal of water by a fixed wing aircraft.
Section 23-49-120. (A) For purposes of this chapter, 'fire protection, control, and rescue equipment' or 'equipment' means, but is not limited to, a vehicle, a firefighting tool, protective gear, breathing apparatus, and any other tools or supplies commonly used or capable of use in fire prevention, firefighting, or fire rescue.
(B) The South Carolina Forestry Commission may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission may be retained for use by the commission or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization.
(C) A donor or donor organization acting in good faith when donating new or used equipment that is apparently fit for use by humans and for its intended purpose is not subject to criminal penalties or civil liability for death or injuries to persons or property arising from a disclosed defect in the equipment, from an unknown defect in the equipment, or from the condition of the donated equipment, unless the death or injury to persons or property is caused by gross negligence, recklessness, or intentional misconduct of the donor."
Department may carry forward registration fees
SECTION 2. Section 23-6-50 of the 1976 Code, as amended by Act 459 of 1996, is further amended by adding a new sentence at the end to read:
"The Department of Public Safety is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000."
Additional member added to Fire Academy, Advisory Committee
SECTION 3. Section 23-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-10-10. The State Fire Marshal has the sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy are assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of Labor, Licensing and Regulation or his designee.
There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee includes:
(A) the Chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The Chairman of the Fire School Committee also shall serve as the Chairman of the South Carolina Fire Academy Advisory Committee;
(B) one member from the South Carolina Fire Chief's Association appointed by the president;
(C) one member from the South Carolina Fire Inspectors Association appointed by the president;
(D) one member from the South Carolina Society of Fire Service Instructors Association appointed by the president;
(E) one member from the Professional Firefighters Association appointed by the president;
(F) one member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president;
(G) the Director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only;
(H) one industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers;
(I) the Executive Director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges;
(J) the State Fire Marshal as a member ex officio without voting privileges;
(K) one member from higher education having experience and training in curriculum development appointed by the Director of the Department of Labor, Licensing and Regulation; and
(L) one member from the South Carolina Fire and Life Safety Education Association appointed by the president."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 7th day of July, 2000.
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