Current Status Introducing Body:Senate Bill Number:340 Primary Sponsor:Wilson Committee Number:02 Type of Legislation:GB Subject:Firemen's insurance and inspection fund Residing Body:Senate Current Committee:Banking and Insurance Computer Document Number:340 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilson Type of Legislation:General Bill
Bill Body Date Action Description CMN
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340 Senate Jan 08, 1991 Introduced and read first 02
time, referred to Committee
340 Senate Dec 03, 1990 Prefiled, referred to 02
Committee
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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.