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H*3631 Session 119 (2011-2012)
H*3631(Rat #0157, Act #0139 of 2012) General Bill, By Harrison, Clemmons,
Funderburk, Pitts, Anderson, R.L. Brown, Govan, Hodges, Allen, White, Edge,
Whipper, Hiott, Limehouse, Horne, Vick, Herbkersman, Agnew, Viers, Hardwick,
Harrell, Sellers, Skelton, Gambrell, Young and Taylor
Similar(S 340, S 501)
AN ACT TO AMEND SECTION 48-34-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE REQUIREMENTS FOR CONDUCTING A PRESCRIBED FIRE, SO AS TO
PROVIDE THAT THESE FIRES MUST COMPLY WITH SOUTH CAROLINA SMOKE MANAGEMENT
GUIDELINES; TO FURTHER SPECIFY RESPONSIBILITIES OF A CERTIFIED PRESCRIBED FIRE
MANAGER; AND TO EXEMPT PURPOSEFULLY SET PRESCRIBED FIRES THAT COMPLY WITH
SMOKE MANAGEMENT GUIDELINES AND STATUTORY REQUIREMENTS IF THEY ARE SET FOR
CERTAIN MANAGEMENT PRACTICES, AGRICULTURAL PURPOSES, OR GAME MANAGEMENT
PURPOSES; TO AMEND SECTION 48-34-50, RELATING TO IMMUNITY FROM LIABILITY FOR
DAMAGES CAUSED BY A PRESCRIBED FIRE, EXCEPT FOR RESULTING SMOKE, SO AS TO
PROVIDE THAT A PROPERTY OWNER, LESSEE, AGENT, OR EMPLOYEE IS NOT LIABLE FOR
DAMAGES, INJURY, OR LOSS CAUSED BY THE RESULTING SMOKE OF A PRESCRIBED FIRE
UNLESS GROSS NEGLIGENCE OR RECKLESSNESS IS PROVEN; AND TO PROVIDE THAT "SMOKE
MANAGEMENT GUIDELINES FOR VEGETATIVE DEBRIS BURNING FOR FORESTRY, AGRICULTURE,
AND WILDLIFE PURPOSES IN THE STATE OF SOUTH CAROLINA" IS DEEMED TO BE
PROMULGATED BY THE STATE FORESTRY COMMISSION AND ANY AMENDMENT TO THESE
GUIDELINES MUST BE PROMULGATED BY THE COMMISSION. - ratified title
02/09/11 House Introduced and read first time ( House Journal-page 9)
02/09/11 House Referred to Committee on Judiciary
(House Journal-page 9)
02/10/11 House Member(s) request name added as sponsor:
Clemmons, Funderburk, Pitts, Anderson,
R.L.Brown, Govan, Hodges, Allen, White, Edge,
Whipper, Hiott, Limehouse, Horne, Vick,
Herbkersman, Agnew, Viers, Hardwick
02/16/11 House Member(s) request name added as sponsor: Harrell
03/02/11 House Member(s) request name added as sponsor: Sellers,
Skelton, Gambrell
03/09/11 House Member(s) request name added as sponsor: Young, Taylor
03/09/11 House Committee report: Favorable with amendment
Judiciary (House Journal-page 3)
03/10/11 House Amended (House Journal-page 21)
03/10/11 House Read second time (House Journal-page 21)
03/10/11 House Unanimous consent for third reading on next
legislative day (House Journal-page 22)
03/11/11 House Read third time and sent to Senate
(House Journal-page 2)
03/11/11 Scrivener's error corrected
03/15/11 Senate Introduced and read first time (Senate Journal-page 13)
03/15/11 Senate Referred to Committee on Fish, Game and Forestry
(Senate Journal-page 13)
04/20/11 Senate Committee report: Favorable Fish, Game and
Forestry (Senate Journal-page 12)
02/21/12 Senate Special order, set for February 21, 2012
(Senate Journal-page 47)
02/21/12 Senate Roll call Ayes-42 Nays-2 (Senate Journal-page 47)
03/07/12 Senate Consideration Interrupted (Senate Journal-page 50)
03/08/12 Senate Amended (Senate Journal-page 21)
03/08/12 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 21)
03/09/12 Scrivener's error corrected
03/15/12 Senate Read third time and returned to House with
amendments (Senate Journal-page 15)
03/21/12 House Concurred in amendment (House Journal-page 47)
03/21/12 House Roll call Yeas-101 Nays-0 (House Journal-page 48)
03/29/12 Ratified R 157
04/02/12 Signed By Governor
04/05/12 Effective date 04/02/12
04/11/12 Act No. 139
H. 3631
(A139, R157, H3631)
AN ACT TO AMEND SECTION 48-34-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CONDUCTING A PRESCRIBED FIRE, SO AS TO PROVIDE THAT THESE FIRES MUST COMPLY WITH SOUTH CAROLINA SMOKE MANAGEMENT GUIDELINES; TO FURTHER SPECIFY RESPONSIBILITIES OF A CERTIFIED PRESCRIBED FIRE MANAGER; AND TO EXEMPT PURPOSEFULLY SET PRESCRIBED FIRES THAT COMPLY WITH SMOKE MANAGEMENT GUIDELINES AND STATUTORY REQUIREMENTS IF THEY ARE SET FOR CERTAIN MANAGEMENT PRACTICES, AGRICULTURAL PURPOSES, OR GAME MANAGEMENT PURPOSES; TO AMEND SECTION 48-34-50, RELATING TO IMMUNITY FROM LIABILITY FOR DAMAGES CAUSED BY A PRESCRIBED FIRE, EXCEPT FOR RESULTING SMOKE, SO AS TO PROVIDE THAT A PROPERTY OWNER, LESSEE, AGENT, OR EMPLOYEE IS NOT LIABLE FOR DAMAGES, INJURY, OR LOSS CAUSED BY THE RESULTING SMOKE OF A PRESCRIBED FIRE UNLESS GROSS NEGLIGENCE OR RECKLESSNESS IS PROVEN; AND TO PROVIDE THAT "SMOKE MANAGEMENT GUIDELINES FOR VEGETATIVE DEBRIS BURNING FOR FORESTRY, AGRICULTURE, AND WILDLIFE PURPOSES IN THE STATE OF SOUTH CAROLINA" IS DEEMED TO BE PROMULGATED BY THE STATE FORESTRY COMMISSION AND ANY AMENDMENT TO THESE GUIDELINES MUST BE PROMULGATED BY THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Requirements for conducting a prescribed fire
SECTION 1. Section 48-34-40 of the 1976 Code is amended to read:
"Section 48-34-40. (A) For purposes of this section, 'South Carolina Smoke Management Guidelines' means smoke management guidelines for vegetative debris burning for forestry, agriculture, and wildlife purposes that are promulgated as regulations by the State Forestry Commission pursuant to the Administrative Procedures Act.
(B) Prescribed fires conducted pursuant to this chapter:
(1) must have a written prescribed fire plan that:
(a) complies with the South Carolina Smoke Management Guidelines;
(b) is prepared before authorization to burn is issued by the State Commission of Forestry; and
(c) is on site and followed during the burn;
(2) must have present at least one certified prescribed fire manager who must:
(a) be certified by the commission;
(b) personally supervise the burn from ignition until the certified prescribed fire manager determines the burn to be safe;
(c) fully consider both fire behavior and related smoke management issues during and after the burn;
(3) are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to the South Carolina Smoke Management Guidelines, Chapters 1 and 35, Title 48, and Chapter 2, Title 50; prescribed fires that are purposefully set in accordance with these chapters and the South Carolina Smoke Management Guidelines are exempt from the open fire prohibition pursuant to R. 61-62.2 and are acceptable to the Department of Health and Environmental Control if the fire is for:
(a) burning forest lands for specific management practices;
(b) agricultural control of diseases, weeds, and pests and for other specific agricultural purposes;
(c) open burning of trees, brush, grass, and other vegetable matter for game management purposes;
(4) are considered a property right of the property owner."
Liability for smoke resulting from a prescribed fire
SECTION 2. Section 48-34-50 of the 1976 Code is amended to read:
"Section 48-34-50. A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by fire or other consequences of the prescribed fire, except for smoke, unless negligence is proven. A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by the resulting smoke of a prescribed fire unless gross negligence or recklessness is proven."
Smoke Management Guidelines are considered promulgated by the State Forestry Commission
SECTION 3. The guidelines published by the State Forestry Commission in August 2006 entitled, 'Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina' are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 29th day of March, 2012.
Approved the 2nd day of April, 2012.
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