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H. 4124
STATUS INFORMATION
General Bill
Sponsors: Reps. Young, Hagood, Barfield, Hinson, Leach, Limehouse, Chellis, Perry, Ott, Pinson and Clemmons
Document Path: l:\council\bills\swb\5425cm03.doc
Introduced in the House on April 30, 2003
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: State Fire Marshall reorganization
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/30/2003 House Introduced and read first time HJ-98
4/30/2003 House Referred to Committee on Labor, Commerce and Industry
HJ-100
5/1/2003 House Member(s) request name added as sponsor: Chellis
5/6/2003 House Member(s) request name added as sponsor: Bailey
5/14/2003 House Member(s) request name added as sponsor: Perry
5/15/2003 House Member(s) request name added as sponsor: Ott, Pinson
3/11/2004 House Member(s) request name added as sponsor: Clemmons
4/14/2004 House Member(s) request name removed as sponsor: Bailey
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 1-30-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO DELETE THE STATE FIRE MARSHAL AS A DIVISION OF THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE FOR THE CREATION OF THE DIVISION OF FIRE AND EMERGENCY RESPONSE WITHIN THE DEPARTMENT, AND TO TRANSFER THE OFFICE OF THE STATE FIRE MARSHAL FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-6-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE FOR THE CREATION OF THE DIVISION OF FIRE AND EMERGENCY RESPONSE WITHIN THE DEPARTMENT, AND TO TRANSFER THE FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AND AUTHORITY STATUTORILY EXERCISED BY THE OFFICE OF STATE FIRE MARSHAL TO THE DEPARTMENT TOGETHER WITH ALL ASSETS, LIABILITIES, RECORDS, PROPERTY, PERSONNEL, AND FUNDS; TO AMEND SECTION 23-9-10, AS AMENDED, RELATING TO THE TRANSFER OF THE OFFICE OF THE STATE FIRE MARSHAL TO THE BUDGET AND CONTROL BOARD, SO AS TO TRANSFER IT FROM THE BUDGET AND CONTROL BOARD TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF FIRE AND EMERGENCY RESPONSE; TO AMEND SECTION 23-10-10, AS AMENDED, RELATING TO THE OPERATION OF THE SOUTH CAROLINA FIRE ACADEMY, SO AS TO DELETE THE TERM DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND REPLACE IT WITH DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-35-45, RELATING TO THE USE AND REGULATION OF PYROTECHNIC MATERIALS INDOORS, SO AS TO PROVIDE THAT THE REGULATION OF PYROTECHNIC MATERIALS INDOORS IS TRANSFERRED FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-49-60, AS AMENDED, RELATING TO THE DUTIES OF THE SOUTH CAROLINA FIRE FIGHTER MOBILIZATION COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL HAVE STATEWIDE RESPONSIBILITIES OVER CERTAIN DUTIES OF THE TACTICAL RESPONSE TEAMS FOR URBAN SEARCH AND RESCUE AND HAZARDOUS MATERIALS EMERGENCY RESPONSE, AND TO PROVIDE THAT THE TACTICAL RESPONSE TEAMS MUST BE PLACED ADMINISTRATIVELY UNDER THE DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE AND EMERGENCY RESPONSE; TO AMEND SECTION 40-82-10, RELATING TO THE CREATION OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 56-3-4910, AS AMENDED, RELATING TO THE ISSUANCE OF SOUTH CAROLINA FIREFIGHTERS SPECIAL LICENSE PLATES, SO AS TO DELETE A REFERENCE TO THE BUDGET AND CONTROL BOARD; AND TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND ASSETS OF THE STATE FIRE MARSHAL DIVISION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF FIRE AND EMERGENCY RESPONSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-30-65 of the 1976 Code, as last amended by Act 385 of 1994, is further amended to read:
"Section 1-30-65. Effective on February 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Labor, Licensing, and Regulation to be initially divided into divisions for Labor, State Fire Marshal, and Professional and Occupational Licensing:
(A) Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.;
(B) Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;
(C)(B) Professional and Occupational Licensing Boards including:
Accountancy Board, formerly provided for at Section 40-1-10, et seq.;
Architectural Board of Examiners, formerly provided for at Section 40-3-10, et seq.;
Athletic Commission, formerly provided for at Section 52-7-10, et seq.;
Auctioneers Commission, formerly provided for at Section 40-6-10, et seq.;
Barber Examiners Board, formerly provided for at Section 40-7-10, et seq.;
Barrier Free Design Board, formerly provided for at Section 10-5-210, et seq.;
Building Code Codes Council, formerly provided for at Section 6-9-60, et seq.;
Burglar Alarm Business, formerly provided for at Section 40-79-10, et seq.;
Chiropractic Examiners Board, formerly provided for at Section 40-9-10, et seq.;
Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;
Cosmetology Board, formerly provided for at Section 40-13-10, et seq.;
Dentistry Board, formerly provided for at Section 40-15-10, et seq.;
Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;
Engineers and Land Surveyors Board, formerly provided for at Section 40-21-10, et seq.;
Environmental Systems Operators Board, formerly provided for at Section 40-23-10, et seq.;
Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10, et seq.;
Foresters Registration Board, formerly provided for at Section 48-27-10, et seq.;
Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;
Harbor Pilots/Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;
Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;
Manufactured Housing Board, formerly provided for at Section 40-29-10, et seq.;
Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;
Nursing Board, formerly provided for at Section 40-33-10, et seq.;
Nursing Home Administrators Board, formerly provided for at Section 40-35-10, et seq.;
Occupational Therapy Board, formerly provided for at Section 40-36-10, et seq.;
Optometry Board, formerly provided for at Section 40-37-10, et seq.;
Opticianry Board, formerly provided for at Section 40-38-10, et seq.;
Pharmacy Board, formerly provided for at Section 40-43-10, et seq.;
Physical Therapy Examiners, formerly provided for at Section 40-45-10, et seq.;
hysicians, Surgeons and Osteopaths/Board of Medical Examiners, formerly provided for at Section 40-47-10, et seq.;
Podiatry Examiners, formerly provided for at Section 40-51-10, et seq.;
Professional Counselors, Marital and Family Therapists, formerly provided for at Section 40-75-10, et seq.;
Psychology Board of Examiners, formerly provided for at Section 40-55-20, et seq.;
Pyrotechnic Safety Board, formerly provided for at Section 40-56-10, et seq.;
Real Estate Commission regulating Real Estate Brokers, Counselors, Salesmen, Auctioneers, and Property Managers, formerly provided for at Section 40-57-10 et seq., and Real Estate Appraisers Board, formerly provided for at Section 40-60-10, et seq.;
Residential Home Builders Board, formerly provided for at Section 40-59-10, et seq.;
Social Worker Board of Examiners, formerly provided for at Section 40-63-10, et seq.;
Speech/Language Pathology and Audiology Board of Examiners, formerly provided for at Section 40-67-10, et seq.;
Veterinary Medical Examiners, formerly provided for at Section 40-69-10, et seq."
SECTION 2. Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, Training and Continuing Education, and Motor Vehicle, and the Division of Fire and Emergency Response.
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;
(G) The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B).;
(H) The State Fire Marshal formerly provided for at Section 1-30-65."
SECTION 3. Section 23-6-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education, and a Division of Fire and Emergency Response.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue pursuant to Act 181 of 1993, and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, and the Office of the State Fire Marshal together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."
SECTION 4. Section 23-9-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-9-10. Effective July 1, 1979 2003, the Office of State Fire Marshal is hereby transferred to the Budget and Control Board to operate as a division under the Office of Executive Director Department of Public Safety's Division of Fire and Emergency Response. The State Fire Marshal shall have all of the duties and responsibilities formerly exercised by the Chief Insurance Commissioner as State Fire Marshal, ex officio. The State Fire Marshal shall have a Master's Degree from an accredited institution of higher learning and at least four years years' experience in fire prevention and control or a Bachelor's Degree and eight years years' experience in fire prevention and control. The Governor shall appoint the State Fire Marshal."
SECTION 5. Section 23-10-10 of the 1976 Code, as last amended by Act 386 of 2000, is further amended to read:
"Section 23-10-10. The State Fire Marshal has the sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy are assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of Labor, Licensing and Regulation Public Safety or his designee.
There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee includes:
(A) the Chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The Chairman of the Fire School Committee also shall serve as the Chairman of the South Carolina Fire Academy Advisory Committee;
(B) one member from the South Carolina Fire Chief's Association appointed by the president;
(C) one member from the South Carolina Fire Inspectors Association appointed by the president;
(D) one member from the South Carolina Society of Fire Service Instructors Association appointed by the president;
(E) one member from the Professional Firefighters Association appointed by the president;
(F) one member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president;
(G) the Director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only;
(H) one industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers;
(I) the Executive Director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges;
(J) the State Fire Marshal as a member ex officio without voting privileges;
(K) one member from higher education having experience and training in curriculum development appointed by the Director of the Department of Labor, Licensing and Regulation Public Safety; and
(L) one member from the South Carolina Fire and Life Safety Education Association appointed by the president."
SECTION 6. Section 23-35-45 of the 1976 Code, as added by Act 356 of 1994, is amended to read:
"Section 23-35-45. Nothing in this chapter or in any other provision of law prohibits the use of pyrotechnic materials inside any enclosed entertainment or assembly area before proximate audiences when the indoor pyrotechnics are used in accordance with Standard 1126 of the National Fire Protection Association entitled 'Standard for the Use of Pyrotechnics Before a Proximate Audience', 1992 edition. The State Fire Marshal Division of the Department of Labor, Licensing, and Regulation within the Department of Public Safety's Division of Fire and Emergency Response is designated as the agency responsible for implementing, administering, and enforcing the provisions of this section, including the promulgation of necessary regulations. The State Fire Marshal Division also may establish fees which may be charged on a per performance or other basis to offset the cost of enforcing the provisions of this section, such fees to be the responsibility of the owner or operator of the establishment where the indoor pyrotechnics shall be used."
SECTION 7. Section 23-49-60 of the 1976 Code, as last amended by Act 190 of 2002, is further amended by adding at the end:
"(D) The Firefighter Mobilization Committee shall have statewide responsibility for the planning, development, staffing, equipping, training, and deployment of tactical response teams for urban search and rescue and hazardous materials emergency response. These tactical response teams must be placed administratively under the Department of Public Safety Division of Fire and Emergency Response."
SECTION 8. Section 40-82-10(B) of the 1976 Code is amended to read:
"(B) The chairman must be elected for a one-year term. Terms of office for members are for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired term. The board shall meet at least annually and not more than once a month. All meetings must be scheduled at the call of the chairman. All members shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions for days on which they transact official business, to be paid from the General Fund of the State. The department's Department of Public Safety Division of Fire and Emergency Response's Office of the State Fire Marshal shall provide administrative support as required by the board to perform its prescribed functions. The State Fire Marshal is an official consultant and is authorized to attend all meetings."
SECTION 9. Section 56-3-4910(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(B) The fees collected pursuant to this section must be deposited in a separate fund for the South Carolina Fire Academy. The fund must be administered by the Budget and Control Board Division of State Fire Marshal and must be used only to train in-state public firefighters, paid and volunteer, to comply with state and federal mandated training standards. Funds collected must be deposited with the State Treasurer. The distribution of the funds is based on fifteen dollars to the department and twenty dollars to the academy for each special license plate sold."
SECTION 10. (A) The employees, funds, appropriations, assets, liabilities, bonded indebtedness if applicable, real and personal property, contractual rights and obligations of the State Fire Marshal Division of the Department of Labor, Licensing and Regulation are transferred to and become part of the Division of Fire and Emergency Response of the Department of Public Safety unless otherwise specially provided. All classified or unclassified personnel of the State Fire Marshal Division of the Department of Labor, Licensing and Regulation on the effective date of this act, either by contract or by employment at will, shall become employees of the Division of Fire and Emergency Response of the Department of Public Safety with the same compensation, classification, and grade level, as applicable. Where the functions of the State Fire Marshal Division of the Department of Labor, Licensing and Regulation have been devolved on more than one department or division, the general support services of the Department of Labor, Licensing and Regulation must be transferred to the restructured Department of Public Safety. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Labor, Licensing and Regulation prescribe the manner in which the transfer provided for in this section shall be accomplished.
(B) Employees or personnel transferred to the Department of Public Safety pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. If the State Fire Marshal Division of the Department of Labor, Licensing and Regulation transfers office locations and facilities which it now occupies, then the employees or personnel transferred to the Division of Fire and Emergency Response of the Department of Public Safety shall transfer with the Department of Labor, Licensing and Regulation to the new locations and facilities unless or until otherwise changed by appropriate action and authorization. The rent and physical plan operating costs of the offices and facilities occupied by the employees and personnel transferred to the Department of Public Safety shall continue to be paid by the Department of Labor, Licensing and Regulation until otherwise provided by the General Assembly. Any existing contracts or agreements entered into by the Department of Labor, Licensing and Regulation regarding office locations and facilities of employees or personnel transferred to the Department of Public Safety will continue in force and effect and will be binding upon the Department of Labor, Licensing and Regulation.
(C) The personnel records and files of the Department of Labor, Licensing and Regulation shall continue to remain the property of the Department of Labor, Licensing and Regulation, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the Department of Public Safety.
(D) Unless otherwise provided in this section or by law, all fines, fees, forfeitures, or revenues imposed or levied by the Office of State Fire Marshal so transferred to the Department of Public Safety must continue to be used and expended for those purposes provided before the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes.
(E) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the provisions of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Labor, Licensing and Regulation.
SECTION 11. This act takes effect July 1, 2003.
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