South Carolina General Assembly
114th Session, 2001-2002

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Bill 4485


                    Current Status

Bill Number:                      4485
Ratification Number:              210
Act Number:                       190
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020110
Primary Sponsor:                  Huggins
All Sponsors:                     Huggins, Bingham, Edge, Frye, Koon, Riser 
                                  and Sandifer
Drafted Document Number:          l:\council\bills\skb\18129zcw02.doc
Date Bill Passed both Bodies:     20020226
Governor's Action:                S
Date of Governor's Action:        20020312
Subject:                          Emergency Management Division, name 
                                  changed from Emergency Preparedness Division


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020320  Act No. A190
------  20020312  Signed by Governor
------  20020307  Ratified R210
Senate  20020226  Read third time, enrolled for
                  ratification
Senate  20020220  Read second time, notice of
                  general amendments
Senate  20020219  Recalled from Committee                08 SG
Senate  20020212  Introduced, read first time,           08 SG
                  referred to Committee
House   20020208  Read third time, sent to Senate
House   20020207  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   20020206  Committee report: Favorable            27 H3M
House   20020110  Introduced, read first time,           27 H3M
                  referred to Committee


              Versions of This Bill
Revised on February 6, 2002 - Word format
Revised on February 19, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A190, R210, H4485)

AN ACT TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

Be it enacted by the General Assembly of the State of South Carolina:

Establishes South Carolina Emergency Management Division

SECTION 1. Section 25-1-420 of the 1976 Code is amended to read:

"Section 25-1-420. There is established within the office of the Adjutant General the South Carolina Emergency Management Division.

The division shall be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General.

The division shall be responsible for the implementation of the following:

(a) Coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan.

(b) Conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan.

(c) Establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force.

(d) Establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information."

Defines South Carolina Emergency Management Organization

SECTION 2. Section 25-1-430(c) of the 1976 Code is amended to read:

"(c) 'South Carolina Emergency Management (Civil Defense) Organization' shall mean all officers and employees of state government, county government, and municipal government, together with those volunteer forces enrolled to aid them in an emergency and persons who may by agreement or operation of law be charged with duties incident to protection of life and property of this State during emergencies."

Creates South Carolina Firefighter Mobilization Oversight Committee

SECTION 3. Section 23-49-20 of the 1976 Code, as added by Act 386 of 2000, is amended to read:

"Section 23-49-20. There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Fire Marshal; (2) the State Emergency Management Division Director of the Adjutant General's Office; (3) the State Forester; (4) a county emergency management division coordinator appointed by the Governor upon consideration of the written recommendations of the Emergency Management Association for a term of three years; and (5) six fire prevention and control personnel appointed by the Governor upon consideration of the written recommendations of the South Carolina State Firemen's Association for three-year terms, three of whom shall serve initial terms of two years, and three of whom shall serve initial terms of three years; thereafter, all fire prevention and control personnel shall serve three-year terms. The Executive Director of the South Carolina State Firemen's Association shall serve as an ex officio, nonvoting member of the committee."

Specifies officers for South Carolina Firefighter Mobilization Oversight Committee

SECTION 4. Section 23-49-30 of the 1976 Code, as added by Act 386 of 2000, is amended to read:

"Section 23-49-30. The State Fire Marshal shall serve as chairman and shall call meetings as often as he considers necessary or expedient. The State Emergency Management Division Director of the Adjutant General's Office shall serve as vice chairman. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term."

Specifies duties of South Carolina Firefighter Mobilization Oversight Committee

SECTION 5. Section 23-49-60 of the 1976 Code, as added by Act 386 of 2000, is amended to read:

"Section 23-49-60. (A) The South Carolina Firefighter Mobilization Oversight Committee shall (1) develop procedures and guidelines for dispatching and deploying rural and municipal fire and rescue resources, and (2) establish a system of regions in the State for managing fire and rescue emergencies utilizing an incident command system.

(B) The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and, with the assistance from the offices of the State Fire Marshal and State Emergency Management Director of the Adjutant General's Office, secure local governments' and other states' participation in the agreement.

(C) In order to receive fire and rescue resources under the South Carolina Firefighter Mobilization Plan, each county and municipality in the State must sign a mutual aid agreement. Other participating states must sign a mutual aid agreement with the State Emergency Management Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources."

Establishes Advisory Committee to Director of Insurance and the South Carolina Building Codes Council

SECTION 6. Section 38-75-470(10) of the 1976 Code, as added by Act 312 of 2000, is amended to read:

"(10) one representative from the South Carolina Emergency Management Division;"

Establishes Emergency Medical Services Advisory Council

SECTION 7. Section 44-61-30(c) of the 1976 Code, as last amended by Act 263 of 1996, is further amended to read:

"(c) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Committee on Trauma, the South Carolina Hospital Association, the South Carolina Heart Association, Medical University of South Carolina, University of South Carolina School of Medicine, South Carolina College of Emergency Physicians, South Carolina Emergency Nurses Association, Emergency Management Division of the Office of the Adjutant General, South Carolina Emergency Medical Services Association, State Board for Technical and Comprehensive Education, Governor's Office of Highway Safety, Department of Health and Human Services, four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems."

Emergency Reserve Fund

SECTION 8. Section 48-40-60(B) of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"(B) This emergency reserve fund must be administered by the office in consultation with the State Emergency Management Division and impacted municipal, county, and federal officials."

Drought Response Committee

SECTION 9. Section 49-23-60(A)(1) of the 1976 Code, as last amended by Act 366 of 2000, is further amended to read:

"(1) a statewide committee composed of the following state agencies: South Carolina Emergency Management Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources;"

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Ratified the 7th day of March, 2002.

Approved the 12th day of March, 2002.

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