S*0218(Rat #0340, Act #0296 of 2008)  General Bill, By Courson
 AN ACT TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT
 ASSISTANCE COMPACT, SO AS TO RENAME THE COMPACT THE "EMERGENCY MANAGEMENT
 ASSISTANCE COMPACT" AND TO CONFORM CROSS REFERENCES; TO AMEND ARTICLE 4,
 CHAPTER 1, TITLE 25, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT
 DIVISION WITHIN THE OFFICE OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE
 DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM THAT
 PROVIDES FOR MITIGATION, PREPAREDNESS, RESPONSE TO, AND RECOVERY FROM ALL
 MAN-MADE AND NATURAL HAZARDS AND TO PROVIDE THAT WHEN AN EMERGENCY HAS BEEN
 DECLARED, THE GOVERNOR, AMONG OTHER RESPONSIBILITIES, SHALL AUTHORIZE A PARTY
 TO EXCEED THE TERMS OF CURFEW UNDER CERTAIN CIRCUMSTANCES AND MAY AUTHORIZE
 SOLID WASTE DISPOSAL FACILITIES TO EXTEND OPERATING HOURS; BY ADDING SECTION
 23-3-70 SO AS TO REQUIRE EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCIES TO
 ADOPT PLAIN LANGUAGE COMMUNICATIONS; AND TO AMEND SECTION 38-77-123, RELATING
 TO PROHIBITED GROUNDS FOR REFUSING TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO
 AS TO ALSO PROHIBIT SUCH REFUSAL TO RENEW DUE TO USE OF A PERSONAL AUTOMOBILE
 FOR VOLUNTEER EMERGENCY SERVICES; AND TO RENAME ARTICLE 4, CHAPTER 1, TITLE 25
 AS THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION". - ratified title

   12/13/06  Senate Prefiled
   12/13/06  Senate Referred to Committee on General
   01/09/07  Senate Introduced and read first time SJ-128
   01/09/07  Senate Referred to Committee on General SJ-128
   05/09/07  Senate Committee report: Favorable General SJ-7
   05/11/07         Scrivener's error corrected
   05/15/07  Senate Read second time SJ-17
   05/16/07  Senate Read third time and sent to House SJ-23
   05/17/07  House  Introduced and read first time HJ-4
   05/17/07  House  Referred to Committee on Judiciary HJ-4
   05/21/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-206
   05/27/08         Scrivener's error corrected
   05/28/08  House  Amended HJ-30
   05/28/08  House  Read second time HJ-44
   05/29/08  House  Read third time and returned to Senate with
                     amendments HJ-9
   06/03/08  Senate Concurred in House amendment and enrolled SJ-49
   06/05/08         Ratified R 340
   06/11/08         Signed By Governor
   06/19/08         Copies available
   06/19/08         Effective date 06/11/08
   06/19/08         Act No. 296

(A296, R340, S218)

AN ACT TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT, SO AS TO RENAME THE COMPACT THE "EMERGENCY MANAGEMENT ASSISTANCE COMPACT" AND TO CONFORM CROSS REFERENCES; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION WITHIN THE OFFICE OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM THAT PROVIDES FOR MITIGATION, PREPAREDNESS, RESPONSE TO, AND RECOVERY FROM ALL MAN-MADE AND NATURAL HAZARDS AND TO PROVIDE THAT WHEN AN EMERGENCY HAS BEEN DECLARED, THE GOVERNOR, AMONG OTHER RESPONSIBILITIES, SHALL AUTHORIZE A PARTY TO EXCEED THE TERMS OF CURFEW UNDER CERTAIN CIRCUMSTANCES AND MAY AUTHORIZE SOLID WASTE DISPOSAL FACILITIES TO EXTEND OPERATING HOURS; BY ADDING SECTION 23-3-70 SO AS TO REQUIRE EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCIES TO ADOPT PLAIN LANGUAGE COMMUNICATIONS; AND TO AMEND SECTION 38-77-123, RELATING TO PROHIBITED GROUNDS FOR REFUSING TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO ALSO PROHIBIT SUCH REFUSAL TO RENEW DUE TO USE OF A PERSONAL AUTOMOBILE FOR VOLUNTEER EMERGENCY SERVICES; AND TO RENAME ARTICLE 4, CHAPTER 1, TITLE 25 AS THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

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

Compact renamed

SECTION    1.    Article 5, Chapter 9, Title 25 of the 1976 Code is amended to read:

Section 25-9-410.    This article may be cited as the 'Emergency Management Assistance Compact'.

Section 25-9-420.    The Emergency Management Assistance Compact is enacted and entered into with all other states which adopt the compact in a form substantially as follows:

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term 'states' is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disasters, technological hazards, man-made disasters, civil emergency aspects of resource shortages, community disorders, insurgencies, or enemy attacks.

This compact also shall provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

A.    It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

i.    Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disasters, technological hazards, man-made disasters, emergency aspects of resource shortages, civil disorders, insurgencies, or enemy attacks.

ii.    Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

iii.    Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

iv.    Assist in warning communities adjacent to or crossing the state boundaries.

v.    Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

vi.    Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

vii.    Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B.    The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:

i.    A description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

ii.        The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the length of time they will be needed.

iii.    The specific place and time for staging of the assisting party's response and a point of contact at that location.

C.    There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof, provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state(s), whichever is longer.

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include wilful misconduct, gross negligence, or recklessness.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may lend such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

Plans for the orderly evacuation and interstate reception of portions of the civilian population, as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

A.    This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B.    Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C.    Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

This act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereto to other persons and circumstances shall not be affected thereby.

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code."

Emergency Management Division

SECTION    2.    Article 4, Chapter 1, Title 25 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 must 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 is 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; and

(e)    establishing an incident management system incorporating the principles of the National Incident Management System (NIMS) that provides for mitigation, preparedness, response to, and recovery from all man-made and natural hazards.

Section 25-1-430.    As used in this article:

(a)    'Emergency preparedness' shall mean the extraordinary actions of government in preparing for and carrying out all functions and operations, other than those for which the military is primarily responsible, when concerted, coordinated action by several agencies or departments of government and private sector organizations are required to prevent, minimize, and repair injury and damage resulting from a disaster of any origin.

(b)    'Emergency' shall mean actual or threatened enemy attack, sabotage, conflagration, flood, storm, epidemic, earthquake, riot, or other public calamity.

(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.

Section 25-1-440.    (a)    The Governor, when an emergency has been declared, as the elected Chief Executive of the State, is responsible for the safety, security, and welfare of the State and is empowered with the following additional authority to adequately discharge this responsibility:

(1)    issue emergency proclamations and regulations and amend or rescind them. These proclamations and regulations have the force and effect of law as long as the emergency exists;

(2)    declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent and extraordinary measures are considered necessary to cope with the existing or anticipated situation. A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly;

(3)    suspend provisions of existing regulations prescribing procedures for conduct of state business if strict compliance with the provisions thereof would in any way prevent, hinder, or delay necessary action in coping with the emergency;

(4)    utilize all available resources of state government as reasonably necessary to cope with the emergency;

(5)    transfer the direction, personnel, or functions of state departments, agencies, and commissions, or units thereof, for purposes of facilitating or performing emergency services as necessary or desirable;

(6)    compel performance by elected and appointed state, county, and municipal officials and employees of the emergency duties and functions assigned them in the State Emergency Plan or by Executive Order;

(7)    direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is considered necessary for the preservation of life or other emergency mitigation, response, or recovery; to prescribe routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein;

(8)    within the limits of any applicable constitutional requirements and when a major disaster or emergency has been declared by the President to exist in this State:

(i)        request and accept a grant by the federal government to fund financial assistance to individuals and families adversely affected by a major disaster, subject to terms and conditions as may be imposed upon the grant but only upon his determination that the financial assistance is essential to meet disaster-related expenses or serious needs that may not be met otherwise from other means of assistance;

(ii)    enter into an agreement with the federal government, through an officer or agency thereof, pledging the State to participate in the funding of the financial assistance authorized in subitem (i) of this item, under a ratio not to exceed twenty-five percent of the assistance;

(iii)    make financial grants to meet disaster-related, necessary expenses or serious needs of individuals or families adversely affected by a major disaster which may not otherwise be adequately met from other means of assistance. No individual or family may receive grants aggregating more than ten thousand dollars with respect to any single major disaster subject to the limitations contained in subitem (ii) of this item. The ten thousand-dollar limit annually must be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor; and

(iv)    promulgate necessary regulations for carrying out the purposes of this item;

(9)    authorize, by executive order, a party to exceed the terms of a curfew if:

(i)        the party is a business that sells emergency commodities, an employee of a business that sells emergency commodities, or a local official; and

(ii)    exceeding the terms of the curfew is necessary to ensure emergency commodities are available to the public. As defined in this section, an emergency commodity means a commodity needed to sustain public health and well-being as determined by a local authority. Nothing in this section may be construed to supersede the authority of the Governor under Section 25-1-440;

(10)    by executive order, authorize operators of solid waste disposal facilities to extend operating hours to ensure the health, safety, and welfare of the general public.

(b)    The Governor is responsible for the development and coordination of a system of Comprehensive Emergency Management that includes:

(1)    provisions for mitigation, preparedness, response, and recovery in anticipated and actual emergency situations;

(2)    an incident management system that establishes procedures for response and recovery operations at all levels of government from the municipality, special purpose district, through the county to the State, according to the incident scene location.

(c)(1)    Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance made available pursuant to item (8) of subsection (a) upon conviction of each offense, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.

(2)    Any person who knowingly violates any regulation promulgated pursuant to item (8) of subsection (a) is subject to a civil penalty of not more than two thousand dollars for each violation.

(3)    A grant recipient who misapplies financial assistance made available by item (8) of subsection (a) is subject to a civil penalty in an amount equal to one hundred fifty percent of the original grant amount.

(d)(1)    The Governor must appoint the Public Health Emergency Plan Committee, consisting of representatives of all state agencies relevant to public health emergency preparedness, and, in addition, a licensed physician from the private sector specializing in infectious diseases, a hospital infection control practitioner, a medical examiner, a coroner from an urban county or the coroner's designee, a member of the judiciary, and other members as may be considered appropriate.

(2)    Prior to the declaration of a public health emergency, the Governor must consult with the Public Health Planning Committee and may consult with any public health agency and other experts as necessary. Nothing herein shall be construed to limit the Governor's authority to act without such consultation when the situation calls for prompt and timely action.

(e)    The state of public health emergency must be declared by an executive order that indicates the nature of the public health emergency, the areas that are or may be threatened, and the conditions that have brought about the public health emergency. In addition to the powers and duties provided in this article and in Article 7, Chapter 3 of Title 1, the declaration of a state of public health emergency authorizes implementation of the provisions of Chapter 4 of Title 44, the Emergency Health Powers Act. The declaration authorizes the deployment and use of any resources and personnel including, but not limited to, local officers and employees qualified as first responders, to which the plans apply and the use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available pursuant to this act.

Section 25-1-450.    State, county, and municipal governments shall cooperate in developing and maintaining a plan for mutual assistance in emergencies.

(1)    State government shall be responsible for:

(a)    Establishing policies and developing a plan and procedures to insure maximum utilization of all state resources to minimize loss of life and injury to the populace and destruction or damage to resources and facilities of the State during emergencies resulting from enemy attacks or natural or man-made emergencies.

(b)    Providing state forces and resources to support local governmental emergency operations and coordinating support with local governments from other sources, including the federal government and those unaffected counties of the State, and implement mutual assistance agreements with adjoining states.

(c)    Assuming direction and control of area or local government emergency operations when requested by the county legislative delegation or their designees or when local government authority has broken down or is nonexistent or when the nature or magnitude of an emergency is such that effective response and recovery action is beyond local government's capability or when, in the event of a war emergency or declared natural or man-made emergency, state direction is required for implementation of a national plan.

(2)    County and municipal governments shall be responsible for:

(a)    Organizing, planning, and otherwise preparing for prompt, effective employment of available resources of the county or municipality to support emergency operations of the municipalities of the county or to conduct emergency operations in areas where no municipal capability exists.

(b)    Coordinating support to municipal emergency operations from other sources including state and federal assistance as well as support made available from other municipalities of the county.

(c)    Developing and implementing a shelter/relocation plan to protect the populace from the hazards of a nuclear emergency and to provide for the congregate housing and care of persons displaced or rendered homeless as a result of a natural or man-made emergency.

Section 25-1-460.    When the General Assembly is not in session and emergency funds are required by counties or municipalities, the State Budget and Control Board may authorize loans for emergency and recovery operations to counties and municipalities not to exceed one and one-half million dollars to any single county or municipality from the reserve fund of the state treasury paid from that fund from any monies in that fund not appropriated for other purposes. Any monies so used must be drawn from the fund on warrants of the board repayable by the borrowing county or municipality and secured by the full faith and credit of the county or municipality involved. These loans may be made only when damage or destruction results from a disaster declared as a state of emergency by the Governor. The board also may reimburse state agencies for unbudgeted expenditures or expenditures otherwise unreimbursed by the federal government for emergency expenditures resulting from their participation in the disaster based on their assigned responsibilities promulgated in the South Carolina Comprehensive Emergency Preparedness Plan."

Plain language communications

SECTION    3.    Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-70.    Notwithstanding another provision of law, each local and state emergency, fire, and law enforcement agency shall either:

(1)    adopt plain language communications as outlined by the Department of Homeland Security as its agency's standard; or

(2)    implement and submit for review by the State Law Enforcement Division a plan for the use of plain language communication during periods of a declared emergency."

Prohibited reasons for refusal to renew automobile insurance; use of automobile for volunteer emergency services

SECTION    4.    Section 38-77-123(A) of the 1976 Code is amended to read:

"(A)(1)    No insurer shall refuse to renew an automobile insurance policy because of any one or more of the following factors:

(a)    age;

(b)    sex;

(c)    location of residence in this State;

(d)    race;

(e)    color;

(f)    creed;

(g)    national origin;

(h)    ancestry;

(i)        marital status;

(j)        income level.

(2)    No insurer shall refuse to renew an automobile insurance policy solely because of any one of the following factors:

(a)    lawful occupation, including the military service;

(b)    lack of driving experience or number of years of driving experience;

(c)    lack of supporting business or lack of the potential for acquiring such business;

(d)    one or more accidents or violations that occurred more than thirty-six months immediately preceding the upcoming anniversary date;

(e)    one or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;

(f)    single claim by a single insured submitted under the medical payments coverage or medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;

(g)    one or more claims submitted under the comprehensive or towing coverages. However, nothing in this section prohibits an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer mails or delivers to the insured at the address shown in the policy, written notice of the change in coverage at least thirty days before the renewal;

(h)    two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator; or

(i)        an insured who uses his personal automobile for volunteer emergency services and who provides a copy of the policy promulgated by the chief of his department to his insurer on request.

(3)    Nothing contained in subsection (A)(1)(f), (g), and (h) of this subsection prohibits an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data except that no insurer may set rates based in whole or in part on race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Approved the 11th day of June, 2008.