Current Status Introducing Body:House Bill Number:4433 Primary Sponsor:L. Martin Committee Number:25 Type of Legislation:GB Subject:Engineers Good Samaritan Act Residing Body:House Current Committee:Judiciary Computer Document Number:436/12146.DW Introduced Date:Feb 20, 1992 Last History Body:House Last History Date:Feb 20, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:L. Martin Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4433 House Feb 20, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-480 SO AS TO ENACT THE "ENGINEERS' GOOD SAMARITAN ACT" WHICH PROVIDES IMMUNITY FOR A PROFESSIONAL ENGINEER WHO PROVIDES CERTAIN ENGINEERING SERVICES AT THE SCENE OF A DECLARED EMERGENCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-22-480. (A) As used in this section:
(1) `Professional engineer' means a person licensed under the provisions of Chapter 21 of Title 40 as a professional engineer.
(2) `Public official' means any federal, state, or locally elected official with overall executive responsibility in the jurisdiction in which the emergency or event has occurred.
(3) `Public safety official' means any appointed or elected federal, state, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred.
(4) `Law enforcement official' means any appointed or elected federal, state, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred.
(5) `Building inspection official' means any appointed or elected federal, state, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred.
(B) A professional engineer who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services at the scene of a declared national, state, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event at the request of a national, state, or local public official, law enforcement official, public safety official, or building inspection official acting in an official capacity, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the professional engineer's acts, errors, or omissions in the performance of any engineering services for any structure, building, piping, or other engineered system, either publicly or privately owned.
(C) The immunity provided in this section applies only to a voluntary engineering service that occurs within ninety days of the emergency, disaster, or catastrophic event, unless extended by an executive order issued by the Governor under the Governor's emergency executive powers.
(D) Nothing in this section provides immunity for wanton, wilful, or intentional misconduct."
SECTION 2. This act takes effect upon approval by the Governor.