South Carolina General Assembly
116th Session, 2005-2006

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Indicates New Matter

S. 1250

STATUS INFORMATION

General Bill
Sponsors: Senator Ryberg
Document Path: l:\council\bills\ms\7171ahb06.doc

Introduced in the Senate on March 15, 2006
Currently residing in the Senate Committee on Judiciary

Summary: Contractor constructing or repairing road

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/15/2006  Senate  Introduced and read first time SJ-3
   3/15/2006  Senate  Referred to Committee on Judiciary SJ-3
   3/23/2006  Senate  Referred to Subcommittee: Martin (ch), Gregory, Elliott, 
                        Hawkins, Ritchie

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/15/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-77-60 SO AS TO PROVIDE THAT A CONTRACTOR CONSTRUCTING OR REPAIRING A HIGHWAY, ROAD, OR BRIDGE FOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH UNDER CERTAIN CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 77, Title 15 of the 1976 Code is amended by adding:

"Section 15-77-60.    A contractor who constructs or repairs a highway, road, street, or bridge for the State or any of its political subdivisions is not liable to a claimant for personal injury, property damage, or death arising from the performance of the construction or repair if, at the time of the personal injury, property damage, or death, the contractor is in compliance with contract documents material to the condition or defect that is the proximate cause of the personal injury, property damage, or death."

SECTION    2.    The General Assembly intends that the provisions of this act apply retroactively to causes of actions arising before, on, and after the effective date of this act and to pending actions, rights, duties, or liabilities.

SECTION    3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor and applies to all causes of action arising before, on, or after the effective date of this act.

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