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AMENDED
April 26, 2001
S. 390
S. Printed 4/26/01--S.
Read the first time February 23, 2001.
TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHALL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHALL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code, is amended by adding:
Section 40-80-10. (A) This chapter may be cited as the 'South Carolina Firefighters' Employment and Registration Act'.
(B) For purposes of this chapter:
(1) 'Employer' means any fire department or other entity which puts an individual or employee in service as a firefighter or assigns any person to work or official duties as a firefighter whether or not the firefighter receives financial compensation.
(2) 'Employment date' means the date the fire chief certifies the firefighter is trained and prepared to perform firefighting duties.
(3) 'Fire chief' means the highest ranking officer or official in charge of a fire department, whether or not called by some other title.
(4) 'Fire department' means any organization providing rescue, fire suppression, and related activities including any public or government sponsored organizations engaged in rescue, fire suppression, and related activities.
(5) 'Firefighter' means any person, male or female, paid or unpaid, who engages in rescue, fire suppression, or related activities under the supervision of a fire chief or fire department.
(6) 'Firefighting duties' means duties relating to rescue, fire suppression, public safety, and related activities as assigned by a fire chief.
Section 40-80-20. (A) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(B) The cost of the criminal record check must not exceed five dollars.
(C) A person who is convicted, pleads guilty or no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson related crime, or use of a controlled substance within the last ten years, shall not be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2001. After the expiration of the ten year period a fire chief has the option and discretion to determine whether or not to hire a person with a criminal record as a firefighter.
(D) A criminal records check is not required for a firefighter employed on or before June 30, 2001.
Section 40-80-30. (A) No later than sixty days after the start of his employment date as a paid or volunteer firefighter, each firefighter must be registered with the Office of the State Fire Marshal by their fire chief or other employer.
(B) The Office of the State Fire Marshal must maintain a file on each registered firefighter in this State, that includes all information required to be kept by this chapter, and must assign a firefighter identification number to each registered firefighter which corresponds with the firefighter's social security number.
(C) The information in the file of an individual firefighter may be released in its entirety to a potential fire department or other employer and may be used as a basis for employment. The requesting department or employer must maintain this information in a confidential manner.
(D) Any registered firefighter may at any time request a copy of his or her file. The fee for a copy of a firefighters file is five dollars payable to the Office of the State Fire Marshal.
Section 40-80-40. (A) No person may be allowed to perform firefighting duties with a public fire department, organization, or employer of a county, municipality, special purpose district, or other political subdivision in this State on or after July 1, 2001, without first being registered as provided in Section 40-80-30.
(B) A firefighter employed by the United States Government and working in the course and scope of his official duties as a federal employee is not required to be registered under this chapter.
Section 40-80-50. (A) Upon recommendation of a fire chief or other employer, the Office of the State Fire Marshal must register each firefighter subject to the provisions of sections 40-80-30 and 40-80-40. The Office of the State Fire Marshal must maintain as minimum information of each firefighter the complete name, the date of birth, the social security number, the South Carolina driver's license number, the department, and the date of employment or membership. The Office of the State Fire Marshal must notify the chief of the employing department or other employer in writing of the registration. The fire chief must utilize forms as required and provided by the Office of the State Fire Marshal.
(B) Prior to the initial recommendation for registration and employment of a firefighter, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency. The cost of the criminal records check may not exceed five dollars. No person must be eligible for registration as a firefighter if, within ten years prior to the date of application, he or she has been convicted of a felony, use of a controlled substance or arson related crime.
(C) A criminal records check is not required for firefighters employed on or before July 1, 2001.
(D) A firefighter who works for or serves more than one department must be registered by each department.
(E) A firefighter previously registered with the Office of the State Fire Marshal, but not actively engaged with a fire department or as a firefighter for a period of six months, must be required to apply for registration and to submit a criminal records check as required by subsection (B). Exempt from this section are firefighters that are being reinstated to their last registered department within a period not to exceed three years. The fire chief must within sixty days make notification to the Office of the State Fire Marshal of the firefighters inactive status.
Section 40-80-60. (A) Each fire department or other employer must notify the Office of the State Fire Marshal at any time that a firefighter is separated from employment or membership. Notification of separation of a firefighter from employment must be on a form as provided by the Office of the State Fire Marshal.
(B) The notification of the separation of a firefighter from employment required by this section must be made within thirty days after separation."
SECTION 2. This act takes effect upon approval by the Governor
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