Current Status Introducing Body:Senate Bill Number:990 Primary Sponsor:Drummond Type of Legislation:GB Subject:Forester, provisions for burning of certain areas Residing Body:House Computer Document Number:NO5/7578.BD Introduced Date:May 15, 1991 Date of Last Amendment:Mar 12, 1992 Last History Body:House Last History Date:May 21, 1992 Last History Type:Objection by Representative Scope of Legislation:Statewide All Sponsors:Drummond Type 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990 House May 21, 1992 Objection withdrawn by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990 House Apr 28, 1992 Objection withdrawn by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990 House Apr 22, 1992 Objection withdrawn by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990 House Apr 21, 1992 Objection withdrawn by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 Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 18, 1992
S. 990
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.