Current Status Bill Number:3909 Ratification Number:380 Act Number:320 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950330 Primary Sponsor:Wright All Sponsors:Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder Drafted Document Number:bbm\10059jm.95 Companion Bill Number:557 Date Bill Passed both Bodies:19960508 Date of Last Amendment:19960502 Governor's Action:S Date of Governor's Action:19960520 Subject:Workers' compensation, construction
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960530 Act No. A320
------ 19960520 Signed by Governor
------ 19960514 Ratified R380
House 19960508 Concurred in Senate amendment,
enrolled for ratification
Senate 19960503 Read third time, returned to House
with amendment
Senate 19960502 Amended, read second time,
unanimous consent for third reading
on Friday, 19960503
Senate 19960501 Committee report: Favorable with 11 SJ
amendment
Senate 19960124 Introduced, read first time, 11 SJ
referred to Committee
House 19960123 Read third time, sent to Senate
House 19960118 Read second time
House 19960111 Debate adjourned until
Tuesday, 19960116
House 19950524 Objection by Representative Baxley
Delleney
Clyburn
Lloyd
Keegan
Meacham
Askins
Spearman
Huff
Wright
Knotts
Cato
Cobb- Hunter
Kelley
House 19950518 Committee report: Favorable 26 HLCI
House 19950330 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A320, R380, H3909)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE IN ANY ACTION BROUGHT PURSUANT TO SECTION 42-1-560 FOR INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, TO PROVIDE AN EXCEPTION, AND TO PROVIDE THAT THE IMMUNITY PROVIDED HEREIN DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Nonliability on construction projects; exception; etc.
SECTION 1. Article 3, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-660. No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or firm offering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project is liable in any action brought pursuant to Section 42-1-560 for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifically assumed by contract or by direct supervision or continual direction of the injured employee relative to the segment of the job which results in the injury.
The immunity provided by this section does not apply to the negligent preparation of design plans or specifications."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of May, 1996.