08 SB33/AP
Senate
Bill 33
By:
Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th
AS PASSED
AS PASSED
AN
ACT
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to authorize 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 rules and regulations; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to the exempt such building mapping information from public disclosure; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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
9
38-3-140.
The
General Assembly recognizes the extreme dangers present when the safety of our
citizens requires first responders such as police and firefighters to evacuate
or secure a building. To better 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 first
responders with information they need to be successful when disaster strikes.
The first responder building mapping information system shall be developed for
this limited and specific purpose and does not impose standards or system
requirements on any other mapping systems used for any other
purpose.
38-3-141.
As
used in this article, the term:
(1)
'Agency' means the Georgia Emergency Management Agency established by Code
Section 38-3-20.
(2)
'Building mapping information system' means a state-wide informational system
containing maps of designated public buildings.
(3)
'Director' means the director of the agency.
38-3-142.
(a)
Subject to availability of funds for such purposes, the agency may be authorized
to create and operate a building mapping information system and may make grants
to local governments for purposes of this article. Once the building mapping
information system is operational, the agency shall make the building mapping
information available electronically to all state, local, and federal public
safety agencies.
(b)
Once the building mapping information system is operational, it shall be within
the discretion of state and local agencies to determine which government owned
or leased buildings, if any, should be mapped, with special consideration given
to schools, courthouses, and larger public structures utilized by large numbers
of employees or private citizens. Nothing in this article shall require any
state or local agency to map any building.
(c)
State and local agencies electing to participate in the building mapping
information system once such system is operational shall forward to the agency
the building mapping information as provided in subsection (d) of this Code
section. Any private entity or department or agency of the federal government
that desires to participate in such system may also voluntarily forward its
building mapping information to the agency. The agency may refuse any
information that does not comply with the agency´s specifications and
requirements.
(d)
The agency shall be authorized to develop rules and regulations for the purpose
of implementing the provisions of this Code section. Such rules and regulations
shall specify: (1) The type of information to be included in the building
mapping information system which shall at a minimum include floor plans, fire
protection information, evacuation plans, utility information, known hazards,
and text and digital images showing emergency personnel contact
information;
(2)
The building mapping software standards that shall be utilized by all entities
participating in the building mapping information system; and
(3)
Security procedures to ensure that the information shall only be made available
to the government entity that either owns or operates the building or is
responding to an emergency incident at the building.
(e)
The agency may be authorized to pursue federal funds or other sources of funding
for the creation and operation of the building mapping information system and
shall be further authorized to seek or assist state and local agencies in
obtaining grants or donations for the mapping of government owned or leased
buildings.
(f)
Information provided to the agency under this article shall be exempt from
public disclosure to the extent provided in subparagraph (21) of subsection (a)
of Code Section 50-18-72.
(g)
The agency may recommend training guidelines regarding use of the building
mapping information system for law enforcement officers, firefighters, and other
authorized emergency first responders.
(h)
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.
38-3-143.
Local
governments and agencies and their employees shall be immune from civil
liability for any damages arising out of the creation and use of the building
mapping information system unless it is shown that an employee acted with gross
negligence or bad faith."
SECTION
2.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to when
public disclosure is not required and disclosure of exempting legal authority,
is amended by striking the word "or" at the end of paragraph (19) of subsection
(a), by striking the period at the end of paragraph (20) of such subsection and
inserting in lieu thereof "; or", and by adding a new paragraph to such
subsection to read as follows:
"(21)
Building mapping information produced and maintained pursuant to Article 9 of
Chapter 3 of Title 38."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.