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Current Status Bill Number:View additional legislative information at the LPITS web site.3635 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990302 Primary Sponsor:Sharpe All Sponsors:Sharpe Drafted Document Number:l:\council\bills\kgh\15384dc99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Forestry Commission, donations of new or used equipment; Fire History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990302 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 23, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY BY ADDING SECTION 48-23-297 SO AS TO PERMIT THE COMMISSION OF FORESTRY TO ACCEPT DONATIONS OF NEW OR USED EQUIPMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE USE AND DISPOSITION OF DONATED EQUIPMENT, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH RESULTING FROM DEFECTS IN DONATED AND LOANED EQUIPMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 23, Title 48 of the 1976 Code is amended by adding:
"Section 48-23-297. (A) For purposes of this section, '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 State Commission of Forestry 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 must 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.
(D) The State Forestry Commission, the State Forester, and their agents, officers, and employees, acting in good faith when using or distributing donated equipment that is apparently fit for use by humans and for its intended purpose to a fire department or other organization, are 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 State Forestry Commission, the State Forester, or their agents, officers, and employees."
SECTION 2. This act takes effect upon approval by the Governor.
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