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COMMITTEE REPORT
May 3, 2000
H. 4849
S. Printed 5/3/00--H.
Read the first time March 30, 2000.
To whom was referred a Bill (H. 4849), to amend Title 23, Code of Laws of South Carolina, 1976, relating to law enforcement and public safety, by adding Chapter 49 so as to enact the "Firefighter Mobilization Act of 2000", etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking Section 23-49-20, as contained in SECTION 1, and inserting:
/ Section 23-49-20. There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Emergency Preparedness Division director of the Adjutant General's Office; (2) a county emergency preparedness division coordinator appointed by the Governor under consideration of written nominations provided by the Emergency Preparedness Association for a term of three years; (3) six fire prevention and control personnel appointed by the Governor under consideration of written nominations provided by the South Carolina State Firemen's Association for three-year terms, but three fire prevention and control personnel shall serve initial terms of two years and the remaining three fire prevention and control personnel shall serve initial terms of three years, and, thereafter, all fire prevention and control personnel shall serve three-year terms; (4) a member of the South Carolina State Firemen's Association appointed by the Governor, for a term of three years; (5) the State Fire Marshal; and (6) the State Forester. /
Amend further, by striking Section 23-49-60, as contained in SECTION 1, and inserting:
/ Section 23-49-60. The members of the South Carolina Firefighter Mobilization Oversight Committee shall elect a chairman and a vice chairman and shall meet as often as the committee considers necessary or expedient. Vacancies on the committee shall be filled in the manner of original appointment. The committee shall appoint the state and regional coordinators for the execution of the South Carolina Firefighter Mobilization Plan and shall establish a system of regions in the State for managing fire and rescue emergencies and, to this end, shall utilize an incident management system. The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and secure local government participation in the agreement. The committee shall also establish mutual aid agreements in accordance with the provisions of this chapter, through the State Emergency Preparedness Division of the Adjutant General's Office, with other states. /
Amend further, by striking Section 23-49-80 in its entirety from SECTION 1.
Amend title to conform.
HARRY F. CATO, for Committee.
EXPLANATION OF IMPACT:
Since the South Carolina Firefighter Mobilization Plan is contingent on certain conditions being met before action is taken and depending on the severity of the emergency, an accurate estimate of cost cannot be determined at this time. However, should the plan become operative, Section 25-1-1360 of the Code of Laws of South Carolina, 1976, provides for the disbursement of state funds to cover such expenses.
Approved By:
Don Addy
Office of State Budget
TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-49-10. This chapter is known and may be cited as the 'Firefighter Mobilization Act of 2000'.
Section 23-49-20. There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Emergency Preparedness Division director of the Adjutant General's Office, or his designee; (2) a county emergency preparedness division coordinator appointed by the executive committee of the South Carolina State Firemen's Association; (3) six municipal fire chiefs appointed by the executive committee of the South Carolina State Firemen's Association for three-year terms, but three fire chiefs shall serve initial terms of two years and the remaining three fire chiefs shall serve initial terms of three years, and, thereafter, all fire chiefs shall serve three-year terms; (4) the executive director of the South Carolina State Firemen's Association; (5) the State Fire Marshal; and (6) the State Forester, or his designee.
Section 23-49-30. The South Carolina Firefighter Mobilization Oversight Committee shall develop procedures and guidelines for, and appoint coordinators to operate and deploy, fire and rescue resources.
Section 23-49-40. The members of the South Carolina Firefighter Mobilization Oversight Committee shall serve without compensation.
Section 23-49-50. The South Carolina Firefighter Mobilization Oversight Committee shall establish the South Carolina Firefighter Mobilization Plan. The purpose of the plan shall be to provide for responding firefighting and rescue resources from one part of the State to another part of the State. The plan shall be operative under emergencies declared by the Governor or by the President of the United States, or shall be operative when a local fire chief needs additional resources after existing mutual aid agreements have been utilized, or shall be operative when another state requests assistance in dealing with an emergency when a state mutual aid agreement exists between South Carolina and that other state. The plan shall operate and be a part of the State Emergency Response Plan.
Section 23-49-60. The members of the South Carolina Firefighter Mobilization Oversight Committee shall elect a chairman and a vice chairman and shall meet as often as the committee considers necessary or expedient. Vacancies on the committee shall be filled in the manner of original appointment. The committee shall appoint the state and regional coordinators for the execution of the South Carolina Firefighter Mobilization Plan and shall establish a system of regions in the State for managing fire and rescue emergencies and, to this end, shall utilize an incident management system. The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and secure local government participation in the agreement through the South Carolina Municipal Association and the South Carolina Association of Counties. The committee shall also establish mutual aid agreements in accordance with the provisions of this chapter, through the State Emergency Preparedness Division of the Adjutant General's Office, with the following states: Virginia, West Virginia, North Carolina, Tennessee, Georgia, Florida, and Alabama.
Section 23-49-70. The South Carolina Firefighter Mobilization Oversight Committee shall appoint such number of state coordinators for the execution of the South Carolina Firefighter Mobilization Plan, pursuant to Section 23-49-60, as the committee considers necessary and sufficient. One state coordinator so appointed shall be designated by the committee to be in overall charge of managing the state response for fire and rescue services. Likewise, the committee shall appoint such number of regional coordinators for the execution of the plan, pursuant to Section 23-49-60, as the committee considers necessary and sufficient. One regional coordinator so appointed shall be designated by the committee to be in overall charge of each region for the purpose of managing the regional response for fire and rescue services and shall report directly to the state coordinator designated by the committee pursuant to this section.
Section 23-49-80. All fire and rescue response personnel utilized during declared emergencies, pursuant to this chapter, shall be compensated at a rate established by the South Carolina Firefighter Mobilization Oversight Committee; however, there shall be no compensation for such personnel, with the exception of supplies, expendable items, or maintenance issues, unless otherwise identified in the Firefighter Mobilization Mutual Aid Agreement. All personnel utilized in the manner described in this section shall be deemed part-time state employees and, as such, eligible for state benefits for the duration of the declared emergency deployment. Additionally, the payment of premiums for workers' compensation insurance and benefits shall be assumed by the State for all responding personnel during a declared emergency.
Section 23-49-90. Data regarding equipment, personnel, and strike teams utilized pursuant to this chapter shall be maintained by the South Carolina State Firemen's Association.
Section 23-49-100. Each county and municipality in the State shall sign a mutual aid agreement in order to receive fire and rescue resources under the South Carolina Firefighter Mobilization Plan established pursuant to the provisions of this chapter. Other participating states shall be required to sign a mutual aid agreement with the State Emergency Preparedness Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources.
Section 23-49-110. All fire and rescue resources requested and received under the South Carolina Firefighter Mobilization Plan shall be under the command of the local authority having jurisdiction during an emergency until such resources are released.
Section 23-49-120. When directed by the Governor, the South Carolina Department of Transportation and the South Carolina National Guard shall assist with the transportation of equipment and personnel under this chapter.
Section 23-49-130. (A) For purposes of this chapter:
(1) 'Source of water' means a water system, water tank, ditch, pool, pond, lake, or river.
(2) 'Dry fire hydrant' means a fire hydrant that is connected to a source of water from which water is pumped for fire suppression or fire suppression training.
(3) 'Firefighting agency' means any entity that provides firefighting services including, but not limited to:
(a) a fire department;
(b) a political subdivision of this State authorized to provide firefighting services; and
(c) the South Carolina Forestry Commission or commission cooperators.
(B) An owner, lessee, or occupant of real property from whom a firefighting agency utilizes a source of water for firefighting purposes is not liable for damage for personal injury, death, or injury to or destruction of property occurring from:
(1) removal of water from a dry fire hydrant or the installation and maintenance of a dry fire hydrant;
(2) removal of water by drafting or through a pressure hose;
(3) removal of water by a bucket or hose suspended from a helicopter; or
(4) removal of water by a fixed wing aircraft.
Section 23-49-140. (A) For purposes of this chapter, 'fire protection, control, and rescue equipment' or 'equipment' means, but is not limited to, a vehicle, a firefighting tool, protective gear, breathing apparatus, and any other tools or supplies commonly used or capable of use in fire prevention, firefighting, or fire rescue.
(B) The South Carolina Forestry Commission may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission may be retained for use by the commission or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization.
(C) A donor or donor organization acting in good faith when donating new or used equipment that is apparently fit for use by humans and for its intended purpose is not subject to criminal penalties or civil liability for death or injuries to persons or property arising from a disclosed defect in the equipment, from an unknown defect in the equipment, or from the condition of the donated equipment, unless the death or injury to persons or property is caused by gross negligence, recklessness, or intentional misconduct of the donor.
(D) The South Carolina Forestry Commission, the State Forester, and their agents, officers, and employees, acting in good faith when using or distributing donated equipment that is apparently fit for use by humans and for its intended purpose to a fire department or other organization, are not subject to criminal penalties or civil liability for death or injuries to persons or property arising from a disclosed defect in the equipment, from an unknown defect in the equipment, or from the condition of the donated equipment unless the death or injury to persons or property is caused by gross negligence, recklessness, or intentional misconduct of the South Carolina Forestry Commission, the State Forester, or their agents, officers and employees."
SECTION 2. This act takes effect upon approval by the Governor.
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