Current Status Introducing Body:
SenateBill Number: 990Primary Sponsor: DrummondType of Legislation: GBSubject: Forester, provisions for burning of certain areasResiding Body: HouseComputer Document Number: NO5/7578.BDIntroduced Date: May 15, 1991Date of Last Amendment: Mar 12, 1992Last History Body: HouseLast History Date: May 21, 1992Last History Type: Objection by RepresentativeScope of Legislation: StatewideAll Sponsors: DrummondType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 990 House May 21, 1992 Objection by Representative 990 House May 21, 1992 Objection withdrawn by Representative 990 House Apr 28, 1992 Objection by Representative 990 House Apr 28, 1992 Objection withdrawn by Representative 990 House Apr 22, 1992 Objection by Representative 990 House Apr 22, 1992 Objection withdrawn by Representative 990 House Apr 21, 1992 Objection withdrawn by Representative 990 House Apr 16, 1992 Objection by Representative 990 House Apr 07, 1992 Debate adjourned until Thursday, April 16, 1992 990 House Mar 31, 1992 Debate Adjourned until Tuesday, April 7, 1992 990 House Mar 26, 1992 Debate adjourned until Tuesday, March 31, 1992 990 House Mar 26, 1992 Objection by Representative 990 House Mar 18, 1992 Committee Report: Favorable 20 990 House Mar 17, 1992 Introduced, read first time, 20 referred to Committee 990 Senate Mar 12, 1992 Amended, read third time, sent to House 990 Senate Mar 05, 1992 Read second time, ordered to third reading with notice of general amendments 990 Senate Mar 03, 1992 Committee Report: Favorable 07 with amendment 990 Senate May 15, 1991 Introduced, read first time, 07 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
March 18, 1992
S. Printed 3/18/92--H.
Read the first time March 17, 1992.
To whom was referred a Bill (S. 990), to amend the Code of Laws of South Carolina, 1976, by adding Section 48-35-15 so as to require persons to obtain authorization from the State Forester or his representative before burning certain areas, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
L. EDWARD BENNETT, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 48-35-15. In addition to complying with other provisions of this chapter, authorization must be obtained from the State Forester or his authorized representative before burning woodlands, brushlands, grasslands, croplands, ditchbanks, or hedgerows or burning vegetative debris for agricultural, forestry, or wildlife management purposes. Requests for authorization may be made by telephone to the State Forester or his representative. Persons requesting authorization shall provide all information required by the State Forester including, but not limited to, smoke management data and the name of the person responsible. The State Forester or his representative may withhold or cancel authorizations when considered necessary in the interest of public health and safety."
SECTION 2. Section 48-35-10 of the 1976 Code is amended to read:
"Section 48-35-10. It shall be is unlawful for any an owner or a lessee of land or any, his employee of such owner or lessee, or other person to start, or cause to be started, a fire in any woodlands, brushlands, grasslands, croplands, ditchbanks, or hedgerows or in any adjacent debris, leaves, or other flammable material adjacent thereto, except under the following conditions:
(a) Proper notification shall be given to the State Forester, or his duly authorized representative or other persons designated by the State Forester. The notice shall contain all information required by the State Forester or his representative.
(b) Such persons shall have cleared around
(1) The area to be burned must be enclosed by a natural or constructed firebreak, and have immediately available sufficient equipment and personnel must be available to adequately secure control the fire adequately and prevent its spread.
(2) The burning must be conducted in accordance with related local ordinances and state laws and regulations.
(c)(3) The person starting the burning shall supervise it carefully the fire started and have it the fire under control prior to before leaving the area."
SECTION 3. Section 48-35-60 of the 1976 Code is amended to read:
"Section 48-35-60. Any A person violating the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than ten dollars twenty-five nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days. For any a second or subsequent offense, a fine of not less than twenty-five dollars one hundred nor more than three five hundred dollars or imprisonment for not more than six months may be imposed in the discretion of the court. `Subsequent offense', as used in this section, shall mean means an offense committed within ten years of a previous offense. Violations of this chapter are within magistrate's jurisdiction."
SECTION 4. This act takes effect upon approval by the Governor.