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SB 51 - Education - school safety plans

Huggins, Sonny C (53rd)	Hooks, George (14th)	Gillis, Sr., Hugh M (20th)

Status Summary	SC:	Pub S	HC:	PubS	FR:	01/26/99	LA:	04/22/99	Signed by Governor

First Reader Summary

A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school safety plans shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism.

SB 51  99                                             SB51/AP 
 
      SENATE BILL 51 
 
      By:  Senators Huggins of the 53rd, Hooks of the 14th, 
           Gillis of the 20th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 3 of Title 38 of the Official Code of 
  1- 2  Georgia Annotated, known as the "Georgia Emergency 
  1- 3  Management Act of 1981," so as to change the definition of 
  1- 4  the term "emergency management"; to change the provisions 
  1- 5  relating to the authority of the director of emergency 
  1- 6  management; to require certain emergency management 
  1- 7  personnel to be certified and to provide requirements for 
  1- 8  certification; to require certain emergency management 
  1- 9  personnel to complete annual continuing educational courses; 
  1-10  to provide for recertification of certain emergency 
  1-11  management personnel; to amend Code Section 46-5-123 of the 
  1-12  Official Code of Georgia Annotated, relating to creation of 
  1-13  the "911" Advisory Committee, so as to change the 
  1-14  composition of the "911" Advisory Committee; to repeal 
  1-15  conflicting laws; and for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  Chapter 3 of Title 38 of the Official Code of Georgia 
  1-19  Annotated, known as the "Georgia Emergency Management Act of 
  1-20  1981," is amended by striking in its entirety paragraph (1) 
  1-21  of Code Section 38-3-3, relating to definitions applicable 
  1-22  to said chapter, and inserting in lieu thereof a new 
  1-23  paragraph (1) to read as follows: 
 
  1-24      "(1) 'Emergency management' means the preparation for 
  1-25      the carrying out of all emergency functions other than 
  1-26      functions for which military forces are primarily 
  1-27      responsible to prevent, minimize, and repair injury and 
  1-28      damage resulting from emergencies, energy emergencies, 
  1-29      disasters, or the imminent threat thereof, of manmade or 
  1-30      natural origin caused by enemy attack, sabotage, acts of 
  1-31      domestic or international terrorism, civil disturbance, 
  1-32      fire, flood, earthquake, wind, storm, wave action, oil 
  1-33      spill or other water contamination requiring emergency 
  1-34      action to avert danger or damage, epidemic, air 
  1-35      contamination, blight, drought, infestation, explosion, 
 
 
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  2- 1      riot or other hostile action, radiological action, or 
  2- 2      other causes. These functions include, without 
  2- 3      limitation, fire-fighting services; police services; 
  2- 4      emergency medical and health services; rescue; 
  2- 5      engineering; warning services; communications; defense 
  2- 6      from radiological, chemical, biological, and other 
  2- 7      special weapons to include weapons of mass destruction; 
  2- 8      evacuation of persons from stricken areas; emergency 
  2- 9      welfare services; consequence management functions to 
  2-10      include victim services; emergency transportation; plant 
  2-11      protection; temporary restoration of public utility 
  2-12      services; and other functions related to civilian 
  2-13      protection, together with all other activities necessary 
  2-14      or incidental to the preparation for and carrying out of 
  2-15      the foregoing functions." 
 
  2-16                           SECTION 2. 
 
  2-17  Said chapter is further amended by striking in its entirety 
  2-18  subsection (c) of Code Section 38-3-20, relating to the 
  2-19  creation of the Georgia Emergency Management Agency, and 
  2-20  inserting in lieu thereof a new subsection (c) to read as 
  2-21  follows: 
 
  2-22    "(c) The director may employ such professional, technical, 
  2-23    clerical, stenographic, and other personnel, may fix their 
  2-24    compensation, and may make such expenditures within the 
  2-25    appropriation therefor, or from other funds made available 
  2-26    for purposes of emergency management, as may be necessary 
  2-27    to carry out the purposes of Article 1, this article, and 
  2-28    Article 3 of this chapter, and the duties of the agency 
  2-29    and the director described in Part 4 of Article 2 of 
  2-30    Chapter 5 of Title 46, the 'Georgia Emergency Telephone 
  2-31    Number "911" Service Act of 1977,' as amended." 
 
  2-32                           SECTION 3. 
 
  2-33  Said chapter is further amended by striking in their 
  2-34  entirety paragraphs (1) through (3) of subsection (a) of 
  2-35  Code Section 38-3-27, relating to local organizations for 
  2-36  emergency management, and inserting in lieu thereof new 
  2-37  paragraphs (1) through (3) to read as follows: 
 
  2-38      "(a)(1) The governing body of each county of this state 
  2-39      may establish a local organization for emergency 
  2-40      management in accordance with the state emergency 
  2-41      management plan and program.  If a county fails to 
  2-42      establish an organization for emergency management in 
  2-43      accordance with the state emergency management plan and 
 
 
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  3- 1      program, any municipality in such county may establish 
  3- 2      its own organization for emergency management.  In cases 
  3- 3      where a county has an organization for emergency 
  3- 4      management, such organization shall include 
  3- 5      participation by each city within the county unless the 
  3- 6      governing authority of any particular city elects to 
  3- 7      implement its own organization for emergency management. 
  3- 8      Any two or more of the above-mentioned political 
  3- 9      subdivisions may, with the approval of the director, 
  3-10      contract with each other so as to form one emergency 
  3-11      management organization for the entire area included in 
  3-12      the bounds of the contracting political subdivisions. 
  3-13      The executive officer or governing body of the political 
  3-14      subdivision is authorized to nominate a local director 
  3-15      whose nomination must be endorsed by to the director of 
  3-16      emergency management prior to who shall have the 
  3-17      authority to make the appointment by the Governor.  The 
  3-18      local director shall have direct responsibility for the 
  3-19      organization, administration, and operation of the local 
  3-20      organization for emergency management, subject to the 
  3-21      direction and control of the executive officer or 
  3-22      governing body and shall serve at the pleasure of such 
  3-23      executive officer or governing body. Each local 
  3-24      organization for emergency management shall perform 
  3-25      emergency management functions within the territorial 
  3-26      limits of the political subdivision within which it is 
  3-27      organized and, in addition, shall conduct such functions 
  3-28      outside of such territorial limits as may be required 
  3-29      pursuant to Article 1, this article, and Article 3 of 
  3-30      this chapter. 
 
  3-31      (2) A local director appointed pursuant to the 
  3-32      provisions of paragraph (1) of this subsection who is 
  3-33      paid a salary for full-time service as a director by the 
  3-34      political subdivision or political subdivisions shall 
  3-35      have the following minimum qualifications: 
 
  3-36        (A) The director shall be at least 21 years of age; 
 
  3-37        (B) The director shall not have been convicted of a 
  3-38        felony. The executive officer or governing body of a 
  3-39        political subdivision which nominates a local director 
  3-40        shall furnish the director of emergency management two 
  3-41        sets of fingerprints of the nominee.  The director of 
  3-42        emergency management shall forward fingerprints 
  3-43        received concerning each nominee to the Georgia Crime 
  3-44        Information Center of the Georgia Bureau of 
 
 
 
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  4- 1        Investigation for the purpose of criminal 
  4- 2        identification through the fingerprint system of 
  4- 3        identification established by the Georgia Bureau of 
  4- 4        Investigation and the fingerprint system of 
  4- 5        identification established by the Federal Bureau of 
  4- 6        Investigation.  The Georgia Crime Information Center 
  4- 7        shall report the findings of its records search and 
  4- 8        the records search of the Federal Bureau of 
  4- 9        Investigation to the director of emergency management; 
 
  4-10        (C) The director shall have completed a high school 
  4-11        education or its equivalent and shall have 
  4-12        successfully completed all initial courses required by 
  4-13        the director of emergency management within 180 days 
  4-14        following the date of nomination to office or within 
  4-15        an extended period as determined by the director of 
  4-16        emergency management and shall have successfully 
  4-17        completed subsequent courses required by the director 
  4-18        of emergency management within an appropriate period 
  4-19        as determined by the director of emergency management; 
 
  4-20        (D) The director shall be capable of writing plans for 
  4-21        responding to and recovering from disasters in his 
  4-22        jurisdiction and shall be routinely available to 
  4-23        respond to emergency scenes, command posts, or 
  4-24        operation centers; to coordinate emergency response of 
  4-25        public and private agencies and organizations; to 
  4-26        attend training; and to attend meetings convened by 
  4-27        the appointing authority or the director of emergency 
  4-28        management; and 
 
  4-29        (E) The director shall not be self-employed or have 
  4-30        any other occupation in the private sector which 
  4-31        conflicts with his duties as a local director. 
 
  4-32        (3)(A) If a local director appointed pursuant to the 
  4-33        provisions of paragraph (1) of this subsection is a 
  4-34        part-time director, such part-time director shall meet 
  4-35        the minimum qualifications in subparagraphs (A) 
  4-36        through (D) of paragraph (2) of this subsection.  If 
  4-37        such local director is employed under a 40 to 90 
  4-38        percent (time required on job) work contract, such 
  4-39        local director shall be required to devote at least 80 
  4-40        hours per month on emergency management matters but 
  4-41        not more than 30 hours in any one week during normal 
  4-42        business hours of other county offices.  If such local 
  4-43        director is employed under a 25 to 39 percent (time 
  4-44        required on job) work contract, such local director 
 
 
                                 -4- 
 
 
 
  5- 1        shall be required to devote at least 40 hours per 
  5- 2        month on emergency management matters but not more 
  5- 3        than 15 hours in any one week during normal business 
  5- 4        hours of other county offices. 
 
  5- 5        (B) If the part-time paid director is also a part-time 
  5- 6        paid employee of the federal or state government, he 
  5- 7        must have written authorization from the appropriate 
  5- 8        appointing authority to hold the position of director 
  5- 9        and to comply with the provisions of subparagraph (A) 
  5-10        of this paragraph and subparagraph (D) of paragraph 
  5-11        (2) of this subsection. 
 
  5-12        (C) If the part-time paid director is also a part-time 
  5-13        paid employee of county or municipal government in 
  5-14        another capacity, that government must enact an order 
  5-15        or ordinance specifying that such director will be 
  5-16        permitted to comply with the provisions of 
  5-17        subparagraph (A) of this paragraph and subparagraph 
  5-18        (D) of paragraph (2) of this subsection.  The order or 
  5-19        ordinance shall also specify that the individual, when 
  5-20        acting as director, shall relinquish authorities and 
  5-21        responsibilities associated with his other 
  5-22        governmental employment and shall name a person to 
  5-23        assume those authorities and responsibilities until 
  5-24        such time as the director shall cease to function as 
  5-25        director.  In no case shall the county or municipal 
  5-26        government seek or receive any reimbursement for the 
  5-27        part-time paid director's salary if such director is 
  5-28        employed and compensated by the county or municipality 
  5-29        in another capacity. 
 
  5-30        (D) If the part-time paid director is also a part-time 
  5-31        paid employee in the private sector, he shall have a 
  5-32        letter from his employer stating that he shall, 
  5-33        without penalty, be permitted to comply with the 
  5-34        provisions of subparagraph (A) of this paragraph and 
  5-35        subparagraph (D) of paragraph (2) of this subsection. 
 
  5-36        (E) If the part-time paid director is self-employed, 
  5-37        he must certify, by letter, that his schedule shall 
  5-38        permit him to comply with the provisions of 
  5-39        subparagraph (A) of this paragraph and subparagraph 
  5-40        (D) of paragraph (2) of this subsection. 
 
  5-41        (F) Except as provided in his subparagraph, any 
  5-42        director or deputy director of a local emergency 
  5-43        management organization appointed after July 1, 1999, 
 
 
 
                                 -5- 
 
 
 
  6- 1        shall be a certified emergency manager under the 
  6- 2        Georgia Emergency Management Agency's Certified 
  6- 3        Emergency Manager Program. The curriculum of the 
  6- 4        Certified Emergency Manager Program and requirements 
  6- 5        for certification shall be determined by the director 
  6- 6        of emergency management and shall include, but not be 
  6- 7        limited to, professional development series training, 
  6- 8        independent study courses, emergency preparedness 
  6- 9        courses, and field-delivered courses.  Certification 
  6-10        may be obtained by an appointed director or deputy 
  6-11        director within six months of his or her appointment. 
  6-12        Certification shall expire biennially. As a condition 
  6-13        of certification renewal, such emergency management 
  6-14        personnel shall be required to satisfactorily complete 
  6-15        continuing education requirements provided for in 
  6-16        subparagraph (G) of this paragraph. 
 
  6-17        (G) Emergency management personnel certified under the 
  6-18        Certified Emergency Manager Program shall complete 
  6-19        annually a minimum of 24 hours of continuing education 
  6-20        to maintain certification.  The continuing education 
  6-21        shall include programs and courses sponsored or 
  6-22        approved by the director of emergency management. 
  6-23        Personnel who lose their certification because of 
  6-24        their failure to meet continuing education 
  6-25        requirements will be eligible for recertification 
  6-26        under provisions included in the Certified Emergency 
  6-27        Manager Program." 
 
  6-28                           SECTION 4. 
 
  6-29  Code Section 46-5-123 of the Official Code of Georgia 
  6-30  Annotated, relating to creation of the "911" Advisory 
  6-31  Committee, is amended by striking subsection (a) in its 
  6-32  entirety and inserting in lieu thereof a new subsection (a) 
  6-33  to read as follows: 
 
  6-34    "(a) For the purposes of the development and 
  6-35    implementation of a plan for the state-wide emergency 
  6-36    telephone number '911' system, there is created the '911' 
  6-37    Advisory Committee to be composed of the director of 
  6-38    emergency management, who shall serve as chairperson; the 
  6-39    commissioner of community affairs administrative services 
  6-40    or his or her designee; and ten other members appointed by 
  6-41    the Governor, as follows: 
 
  6-42      (1) Three members appointed from nominees of the Georgia 
  6-43      Municipal Association; 
 
 
 
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  7- 1      (2) Three members appointed from nominees of the 
  7- 2      Association County Commissioners of Georgia; and 
 
  7- 3      (3) Four members who are experienced in and currently 
  7- 4      involved in the management of emergency telephone 
  7- 5      systems." 
 
  7- 6                           SECTION 5. 
 
  7- 7  All laws and parts of laws in conflict with this Act are 
  7- 8  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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