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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-9-130 SO AS TO PROVIDE CERTAIN IMMUNITIES FOR VOLUNTEERS ENROLLED OR REGISTERED WITH A DISASTER COUNCIL OR ORGANIZATION OF THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS DURING A STATE OF EMERGENCY OR A LOCAL EMERGENCY IN CARRYING OUT OR COMPLYING WITH THE PROVISIONS OF LAW IN PERFORMING ANY AUTHORIZED FUNCTION, DUTY, OR TRAINING FOR THE PERFORMANCE OF THEIR AUTHORIZED FUNCTION OR DUTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 9, Title 25 of the 1976 Code is amended by adding:
"Section 25-9-130. (A) A volunteer enrolled or registered with a disaster council or organization of this State or any of its political subdivisions, or an unregistered person impressed into service during a state of war emergency, a state of emergency, or a local emergency, in carrying out, complying with, or attempting to comply with, an order or a regulation issued or promulgated pursuant to the provisions of this section or a local ordinance or performing any of their authorized functions or duties or training for the performance of their authorized function or duties, has the same degree of responsibility for their actions and has the same immunities as an officer and employee of the State and its political subdivisions performing similar work for their respective entities.
(B) A political subdivision or other public agency under any circumstances, or any officer, employee, agent, or enrolled or registered volunteer of it, or an unregistered person impressed into service during a state of war emergency, a state of emergency, or a local emergency, acting within the scope of their official duties provided by this section or a local ordinance is not liable for personal injury or property damage sustained by an enrolled or registered volunteer engaged in or training for emergency preparedness or relief activity, or by any unregistered person impressed into service during a state of war emergency, a state of emergency, or a local emergency and engaged in the service. The provisions of this section do not affect the right of a person to receive benefits or compensation which specifically may be provided by the provisions of any federal or state statute nor do the provisions of this section affect the right of a person to recover under the terms of a policy of insurance."
SECTION 2. This act takes effect upon approval by the Governor.
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