S 340 Session 109 (1991-1992)
S 0340 General Bill, By Wilson
A Bill to amend Sections 23-9-330, 23-9-340, 23-9-380, 23-9-390, 23-9-410,
23-9-430, 23-9-450, and 23-9-460, Code of Laws of South Carolina, 1976,
relating to the local firemen's insurance and inspection funds, so as to
transfer certain duties of county treasurers in regard to these funds to the
fire department or chief of the fire department concerned, to correct certain
obsolete references, to further provide for the administration, authorize
purposes, and investments of these funds including a provision authorizing
certain bonding of the chiefs of departments in unincorporated communities,
and to further provide for the manner in which disbursements may be made from
these funds.
12/03/90 Senate Prefiled
12/03/90 Senate Referred to Committee on Banking and Insurance
01/08/91 Senate Introduced and read first time SJ-116
01/08/91 Senate Referred to Committee on Banking and Insurance SJ-11
A BILL
TO AMEND SECTIONS 23-9-330, 23-9-340, 23-9-380, 23-9-390,
23-9-410, 23-9-430, 23-9-450, AND 23-9-460, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE LOCAL
FIREMEN'S INSURANCE AND INSPECTION FUNDS, SO AS TO
TRANSFER CERTAIN DUTIES OF COUNTY TREASURERS IN
REGARD TO THESE FUNDS TO THE FIRE DEPARTMENT OR
CHIEF OF THE FIRE DEPARTMENT CONCERNED, TO CORRECT
CERTAIN OBSOLETE REFERENCES, TO FURTHER PROVIDE
FOR THE ADMINISTRATION, AUTHORIZED PURPOSES, AND
INVESTMENTS OF THESE FUNDS INCLUDING A PROVISION
AUTHORIZING CERTAIN BONDING OF THE CHIEFS OF
DEPARTMENTS IN UNINCORPORATED COMMUNITIES, AND
TO FURTHER PROVIDE FOR THE MANNER IN WHICH
DISBURSEMENTS MAY BE MADE FROM THESE FUNDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-9-330 of the 1976 Code is amended to read:
"Section 23-9-330. The board of trustees of the firemen's
insurance and inspection fund in unincorporated communities is
composed of the treasurer chief of the fire department
of the county in which the greater part of the community is
located and any residents of the community as may be appointed by
the treasurer chief of the department, on a
recommendation as approved by a majority of the
legislative delegation or delegations of the county or counties in which
the community is located. The term of office of the members, other than
the county treasurer chief of the fire department, is four
years, and they shall serve until their successors are appointed and
qualify for office.
The trustees of the fund, in their sole discretion, may require the
chief of the department to file a bond or other guarantee in favor of the
department in an amount stipulated by the trustees. The bond or other
guarantee must be conditioned upon the faithful performance of the
duties and obligations of the chief pertaining to his duties relating to the
fund. In the discretion of the trustees, the premium cost of the bond or
other guarantee may be paid from monies in the fund."
SECTION 2. Section 23-9-340 of the 1976 Code is amended to read:
"Section 23-9-340. All members of the board of trustees of
each firemen's insurance and inspection fund shall serve without
compensation. The board shall elect from its number a chairman and
secretary who shall likewise serve without compensation. The treasurer
of the city or town municipality, or, for a fund for an
unincorporated community, the county treasurer chief of the
fire department, shall act as the treasurer of the board and is
custodian of all funds received as a result of the provisions of this
article."
SECTION 3. Section 23-9-380 of the 1976 Code is amended to read:
"Section 23-9-380. The clerk of any incorporated city or
town municipality and the treasurer of the county in
which is located the greater part of any unincorporated community
chief of the fire department in any unincorporated community
accepting the benefits of this article as required herein shall annually, by
October thirty-first, make and file with the State Fire Marshal on a blank
to be furnished by the State Fire Marshal his certificate stating the
existence of the department, the number of steam, hand, or other
engines, hook and ladder trucks, and hose carts other
equipment in actual use, the number of organized companies, and
the system of water supply in use for the department, together with any
other facts the State Fire Marshal requires. If the certificate required by
this section is not filed with the State Fire Marshal by October
thirty-first in any year, the city, town, municipality or
community failing to file the certificate is considered to have waived and
relinquished its rights for that year to any benefits distributed under this
article by the county treasurer."
SECTION 4. Section 23-9-390 of the 1976 Code is amended to read:
"Section 23-9-390. Any volunteer fire department having a
headquarters station within or without a municipality, which is duly
organized and has the officers which normally comprise the membership
of a regular, organized fire department, with ten or more active
members, is designated a regular, organized fire department.
The chief of the department shall annually certify to the governing
body of the municipality or the county, dependent upon where the
headquarters station is located State Fire Marshal,
the names of all officers and active members. The clerk of the
governing body shall in turn certify the names of the active members and
the officers to the State Fire Marshal."
SECTION 5. Section 23-9-410 of the 1976 Code is amended to read:
"Section 23-9-410. The State Treasurer shall pay over the
amount collected upon the premiums of the insurance business required
to be reported under the provisions of Section 38-7-70 to the treasurers
of the counties to which the premiums are allocated under the provisions
of Section 38-7-70 in the respective portions resulting from the
allocations. All monies so collected must be set apart and equitably used
by each of the treasurers fire department solely and
entirely for the betterment and maintenance of skilled and efficient fire
departments within the county."
SECTION 6. Section 23-9-430 of the 1976 Code is amended to read:
"Section 23-9-430. For the purposes of Section 23-9-370 and
to defray the expenses thereof, each county treasurer shall pay over to
the treasurer of the South Carolina State Firemen's Association the sum
of five percent of the gross proceeds received annually by each county,
town municipality, or unincorporated community from
the one percent tax on fire insurance allocated to the city, town,
municipality or unincorporated community. The sums
so paid must be expended for the sole purpose of to
defray the cost of supervision of the funds of the several fire departments
of this State and for the betterment and maintenance of skillful and
efficient fire departments within the county
State."
SECTION 7. Section 23-9-450 of the 1976 Code is amended to read:
"Section 23-9-450. Before any disbursements exceeding
one five hundred dollars of the funds of any firemen's
insurance and inspection fund are made by the treasurers of the
counties, they the supervising trustees of the municipal
or unincorporated community department shall first submit to the
supervising trustees of the South Carolina State Firemen's Association
a statement of how the funds are to be expended and shall receive from
the trustees prior to the disbursement their written approval of
the manner and method by which the funds are to be disbursed, so that
the South Carolina Firemen's Association shall know that the funds are
being expended solely for the benefit of the firemen of each particular
fire department in the State. If a proposed disbursement is to be
expended legally and in accordance with the law, it is mandatory upon
the supervising trustees to give their approval. Failure upon the part
of any treasurer to comply with the foregoing makes him liable on his
official bond."
SECTION 8. Section 23-9-460 of the 1976 Code is amended to read:
"Section 23-9-460. No funds of firemen's insurance and
inspection fund may be divided among the firemen of any fire
department in cash. When any fire department by a majority of its
members provides for the expenditure of any funds for the
collective benefit, safety, and enjoyment of the entire
membership of the department, it is mandatory for the local
trustees and the state trustees of the South Carolina State Firemen's
Association to approve the expenditure. None of the funds may be
expended in any manner for any purpose for which any city, town,
unincorporated community, or county political subdivision
may be legally liable. Any department may participate in a death
benefit, disability, or retirement program approved by the local and state
trustees in accordance with the provisions of this article. The local and
state trustees in investing funds for the purpose of participating in these
death, disability, or retirement programs may invest in equity
investments."
SECTION 9. This act takes effect upon approval by the Governor.
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