H*4485(Rat #0210, Act #0190 of 2002)  General Bill, By Huggins, Bingham, Edge, 
Frye, Koon, Riser and Sandifer
 A BILL TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60,
 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS
 AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA
 EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO
 THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

   01/10/02  House  Introduced and read first time HJ-13
   01/10/02  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-13
   02/06/02  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-5
   02/07/02  House  Read second time HJ-18
   02/07/02  House  Unanimous consent for third reading on next
                     legislative day HJ-19
   02/08/02  House  Read third time and sent to Senate HJ-3
   02/12/02  Senate Introduced and read first time SJ-10
   02/12/02  Senate Referred to Committee on General SJ-10
   02/19/02  Senate Recalled from Committee on General SJ-4
   02/20/02  Senate Read second time SJ-50
   02/20/02  Senate Ordered to third reading with notice of
                     amendments SJ-50
   02/26/02  Senate Read third time and enrolled SJ-11
   03/07/02         Ratified R 210
   03/12/02         Signed By Governor
   03/26/02         Effective date 03/12/02
   03/26/02         Copies available
   04/24/02         Act No. 190

AN ACT TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

Be it enacted by the General Assembly of the State of South Carolina:

Establishes South Carolina Emergency Management Division

SECTION 1. Section 25-1-420 of the 1976 Code is amended to read:

"Section 25-1-420. There is established within the office of the Adjutant General the South Carolina Emergency Management Division.

The division shall be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General.

The division shall be responsible for the implementation of the following:

(a) Coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan.

(b) Conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan.

(c) Establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force.

(d) Establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information."

Defines South Carolina Emergency Management Organization

SECTION 2. Section 25-1-430(c) of the 1976 Code is amended to read:

"(c) 'South Carolina Emergency Management (Civil Defense) Organization' shall mean all officers and employees of state government, county government, and municipal government, together with those volunteer forces enrolled to aid them in an emergency and persons who may by agreement or operation of law be charged with duties incident to protection of life and property of this State during emergencies."

Creates South Carolina Firefighter Mobilization Oversight Committee

SECTION 3. Section 23-49-20 of the 1976 Code, as added by Act 386 of 2000, is amended to read:

"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 Management Division Director of the Adjutant General's Office; (3) the State Forester; (4) a county emergency management division coordinator appointed by the Governor upon consideration of the written recommendations of the Emergency Management 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."

Specifies officers for South Carolina Firefighter Mobilization Oversight Committee

SECTION 4. Section 23-49-30 of the 1976 Code, as added by Act 386 of 2000, is amended to read:

"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 Management Division Director of the 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."

Specifies duties of South Carolina Firefighter Mobilization Oversight Committee

SECTION 5. Section 23-49-60 of the 1976 Code, as added by Act 386 of 2000, is amended to read:

"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 Management 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 Management Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources."

Establishes Advisory Committee to Director of Insurance and the South Carolina Building Codes Council

SECTION 6. Section 38-75-470(10) of the 1976 Code, as added by Act 312 of 2000, is amended to read:

"(10) one representative from the South Carolina Emergency Management Division;"

Establishes Emergency Medical Services Advisory Council

SECTION 7. Section 44-61-30(c) of the 1976 Code, as last amended by Act 263 of 1996, is further amended to read:

"(c) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Committee on Trauma, the South Carolina Hospital Association, the South Carolina Heart Association, Medical University of South Carolina, University of South Carolina School of Medicine, South Carolina College of Emergency Physicians, South Carolina Emergency Nurses Association, Emergency Management Division of the Office of the Adjutant General, South Carolina Emergency Medical Services Association, State Board for Technical and Comprehensive Education, Governor's Office of Highway Safety, Department of Health and Human Services, four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems."

Emergency Reserve Fund

SECTION 8. Section 48-40-60(B) of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"(B) This emergency reserve fund must be administered by the office in consultation with the State Emergency Management Division and impacted municipal, county, and federal officials."

Drought Response Committee

SECTION 9. Section 49-23-60(A)(1) of the 1976 Code, as last amended by Act 366 of 2000, is further amended to read:

"(1) a statewide committee composed of the following state agencies: South Carolina Emergency Management Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources;"

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Ratified the 7th day of March, 2002.

Approved the 12th day of March, 2002.