07 LC
35 0355
Senate
Bill 33
By:
Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th
A
BILL TO BE ENTITLED
AN ACT
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 provide for immunity; 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
8
38-3-130.
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.
38-3-131.
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 which shall readily be made
available to emergency first responders.
(3)
'Director' means the director of the agency.
38-3-132.
(a)
Subject to availability of funds for such purposes, the agency is authorized to
create and operate a state-wide 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
law enforcement agencies, the Georgia Department of Defense, and public fire
departments.
(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 requires any state or
local agency to map any building.
(c)
State and local agencies electing to participate in the building mapping
information system once the 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 the 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 is 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 is only 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 is authorized to pursue federal funds or other sources of funding for
the creation and operation of the building mapping information system and is
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 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.
38-3-133.
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.
All
laws and parts of laws in conflict with this Act are repealed.