sb223_As_introduced_LC_9_1625_2.html
05 LC 9 1625
Senate Bill 223
By: Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the development and implementation of a state_wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for grants to local governments; to provide for rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
The General Assembly recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and fire fighters to evacuate and secure a building. In an effort to prepare for responding to disasters, criminal acts, and acts of terrorism, the General Assembly intends to create a state_wide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes. The first responder building mapping system in this Act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes.

SECTION 2.
Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows:

"ARTICLE 7

38_3_100.
As used in this article, the term:
(1) 'Agency' means the Georgia Emergency Management Agency established by Code Section 38_3_20.
(2) 'Director' means the director of the agency.

38_3_101.
(a) Subject to availability of funds for such purposes, the agency shall create and operate a state_wide first responder building mapping information system and may make grants to local governments for purposes of this article.
(b) All state departments and agencies and all local governments shall utilize building mapping software that complies with the building mapping software standards established under Code Section 38_3_102 for any building mapped for this purpose after the state_wide first responder building mapping information system is operational. If, prior to creation of the state_wide building mapping information system, a local government has utilized building mapping software standards established under Code Section 38_3_102, the local government may continue to use its own building mapping system unless the agency provides funding to bring the local government´s system into compliance with the standards established under Code Section 38_3_102.
(c) All state and local government owned buildings that are occupied by state or local government employees shall be mapped when funding is provided by the agency or available from other sources for such purpose. Nothing in this article requires any state department or agency or local government to map a building unless the entire cost of mapping the building is covered or provided by the agency or available from other sources.
(d) Once the state_wide first responder building mapping information system is operational, all state and local governments owning or operating buildings that are mapped shall forward their building mapping information data to the agency. Any private entity or department or agency of federal government that desires to participate in the system may voluntarily forward their building mapping and emergency information data to the agency. The agency may refuse any building mapping information that does not comply with the specifications described in Code Section 38_3_102.
(e) Consistent with the rules and regulations promulgated under Code Section 38_3_102, the agency shall electronically make the building mapping information available to all state, local, and federal law enforcement agencies, the Georgia Department of Defense, and public fire departments.
(f) Consistent with the rules and regulations promulgated under Code Section 38_3_102, the agency shall develop building mapping software standards that shall be used for purposes of participation in the state_wide first responder building mapping information system.
(g) The agency shall pursue federal funds to:
(1) Create the state_wide first responder building mapping information system; and
(2) Develop grants for the mapping of local government buildings in the order determined under Code Section 38_3_102.
(h) Information provided to the agency under this article shall be exempt from public disclosure to the extent provided in paragraph (15) of subsection (a) of Code Section 50_18_72.

38_3_102.
(a) In consultation with the Department of Public Safety, Georgia Building Authority, Georgia Technology Authority, Georgia Sheriffs Association, Georgia Association of Chiefs of Police, Georgia Association of Fire Chiefs, Association County Commissioners of Georgia, and Georgia Municipal Association, the director shall adopt rules and regulations related to the state_wide first responder building mapping information system. Such rules and regulations shall:
(1) Specify the type of information to be included in the state_wide first responder building mapping information system. The information shall include without limitation floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information;
(2) Include building mapping software standards that shall be utilized by all entities participating in the state_wide first responder building mapping information system;
(3) Determine the order in which buildings shall be mapped when funding is received; and
(4) Include guidelines on how the information shall be made available. Such guidelines shall include detailed procedures and security systems to ensure that the information is only made available to the government entity that either owns or operates the building or is responding to an incident at the building.
(b) The agency shall recommend training guidelines regarding use of the state_wide first responder building mapping information system to the Peace Officer Standards and Training Council and the Georgia Firefighters Standards and Training Council.
(c) Nothing in this Code section supersedes the authority of state departments and agencies and local governments to control and maintain access to information within their independent systems.

38_3_103.
Units of local government and their employees shall be immune from civil liability for any damages arising out of the creation and use of the state_wide first responder building mapping information system unless it is shown that an employee acted with gross negligence or bad faith."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.