Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3014
STATUS INFORMATION
General Bill
Sponsors: Reps. Clemmons, Vaughn, Barfield, Viers, Mahaffey and Umphlett
Document Path: l:\council\bills\ms\7037ahb05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Civil immunity for the State when person fails to evacuate
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-48 1/11/2005 House Referred to Committee on Judiciary HJ-48 1/13/2005 House Member(s) request name added as sponsor: Umphlett
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-305 SO AS TO PROVIDE CIVIL IMMUNITY FOR THE STATE, ITS POLITICAL SUBDIVISIONS, AND THEIR EMPLOYEES, AGENTS, OR REPRESENTATIVES WHEN A PERSON SUSTAINS PERSONAL INJURY OR PROPERTY DAMAGE WHEN HE FAILS TO EVACUATE AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY AND ISSUES A MANDATORY EVACUATION ORDER, TO PROVIDE AN EXCEPTION FOR GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT, AND TO PROVIDE THAT THE RIGHTS OF A PERSON TO RECEIVE BENEFITS, COMPENSATION, OR TO RECOVER UNDER AN INSURANCE POLICY ARE NOT AFFECTED.
SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by adding:
"Section 15-1-305. (A) The State, its political subdivisions, and their employees, agents, and representatives acting within the scope of their official duties are not liable for civil damages for personal injury or property damage sustained by a person who fails to evacuate after the Governor declares a state of emergency and issues a mandatory evacuation order pursuant to the provisions of Section 25-1-440.
(B) The civil immunity provided by this section does not apply if an act or omission amounts to gross negligence or willful or wanton misconduct.
(C) The provisions of this section do not affect the right of a person to receive benefits or compensation that is specifically provided by state or federal law nor do the provisions of this section affect the right of a person to recover under the terms of an insurance policy."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Friday, December 4, 2009 at 3:37 P.M.