South Carolina General Assembly
118th Session, 2009-2010

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H. 3924

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, Miller, Harrell, Clemmons and Weeks
Document Path: l:\council\bills\ms\7303zw09.docx
Companion/Similar bill(s): 1118

Introduced in the House on April 22, 2009
Introduced in the Senate on April 22, 2010
Last Amended on April 21, 2010
Currently residing in the Senate

Summary: Prescribed fire

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/22/2009  House   Introduced and read first time HJ-15
   4/22/2009  House   Referred to Committee on Judiciary HJ-16
   5/14/2009  House   Member(s) request name added as sponsor: Miller
   1/28/2010  House   Member(s) request name added as sponsor: Harrell
   3/23/2010  House   Member(s) request name added as sponsor: Clemmons
   3/24/2010  House   Committee report: Favorable with amendment Judiciary 
                        HJ-31
   4/15/2010  House   Member(s) request name added as sponsor: Weeks
   4/20/2010  House   Debate adjourned HJ-21
   4/20/2010  House   Debate adjourned until Wednesday, April 21, 2010 HJ-49
   4/21/2010  House   Amended HJ-16
   4/21/2010  House   Read second time HJ-16
   4/22/2010  House   Read third time and sent to Senate HJ-14
   4/22/2010  Senate  Introduced and read first time SJ-9
   4/22/2010  Senate  Referred to Committee on Fish, Game and Forestry SJ-9
    5/5/2010  Senate  Committee report: Favorable with amendment Fish, Game 
                        and Forestry SJ-14

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/22/2009
3/24/2010
4/21/2010
5/5/2010

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

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COMMITTEE REPORT

May 5, 2010

H. 3924

Introduced by Reps. Harrison, Miller, Harrell, Clemmons and Weeks

S. Printed 5/5/10--S.

Read the first time April 22, 2010.

            

THE COMMITTEE ON FISH, GAME AND FORESTRY

To whom was referred a Bill (H. 3924) to amend Section 48-34-40, Code of Laws of South Carolina, 1976, relating to the requirements for conducting a prescribed fire, so as to reference other, etc., respectfully

REPORT:

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 deleting SECTION 2 of the bill and inserting:

/SECTION    2.    Section 48-34-50 of the 1976 Code is amended to read:

"Section 48-34-50.        No A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by fire, resulting smoke, or other consequences of the prescribed fire unless negligence is proven. A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by the resulting smoke of a prescribed fire unless gross negligence is proven./

Renumber sections to conform.

Amend title to conform.

RONNIE W. CROMER for Committee.

            

A BILL

TO AMEND SECTION 48-34-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CONDUCTING A PRESCRIBED FIRE, SO AS TO REFERENCE OTHER SPECIFIC STATUTORY AND REGULATORY REQUIREMENTS; AND TO AMEND SECTION 48-34-50, RELATING TO LIABILITY FOR DAMAGES CAUSED BY A PRESCRIBED FIRE, SO AS TO PROVIDE THAT NO PROPERTY OWNER, LESSEE, AGENT, OR EMPLOYEE MAY BE HELD LIABLE FOR DAMAGES CAUSED BY THE RESULTING SMOKE OF A PRESCRIBED FIRE UNLESS GROSS NEGLIGENCE IS PROVEN AND TO DEFINE GROSS NEGLIGENCE.

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

SECTION    1.    Section 48-34-40 of the 1976 Code is amended to read:

"Section 48-34-40.    Prescribed fires conducted pursuant to this chapter:

(1)    must have a prescribed fire plan prepared before authorization to burn is given by the State Commission of Forestry, and the plan must be on site and followed during the burn;

(2)    must have at least one certified prescribed fire manager present and supervising the burn from ignition until it is declared safe according to certification guidelines and in consideration of both fire behavior and smoke management issues;

(3)    are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to state air pollution statutes, smoke management guidelines (S.C. Code of Regulations 61-62.2), and regulations applicable to the use of prescribed fire (Chapter 35, Title 48 and Chapter 2, Title 50); and

(4)    are considered a property right of the property owner."

SECTION    2.    Section 48-34-50 of the 1976 Code is amended to read:

"Section 48-34-50.    No A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by fire, resulting smoke, or other consequences of the prescribed fire unless negligence is proven found by the finder of fact. There is a rebuttable presumption that any landowner, lessee, employee, or agent that has conducted a prescribed fire in compliance with Section 48-34-10 has not acted negligently."

SECTION    3.    This act takes effect upon approval by the Governor.

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