Current Status Bill Number:4357 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980113 Primary Sponsor:Kirsh All Sponsors:Kirsh and Woodrum Drafted Document Number:bbm\9552jm.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Cause of action, immune contractor or state employee on basis computer produced incorrect date; Torts, Courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980113 Introduced, read first time, 25 HJ
referred to Committee
House 19971203 Prefiled, referred to Committee 25 HJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT NO CAUSE OF ACTION MAY BE BROUGHT AGAINST AN IMMUNE CONTRACTOR OR AN OFFICER OR EMPLOYEE OF THE STATE OR ANY OF ITS AGENCIES OR POLITICAL SUBDIVISIONS ON THE BASIS THAT A COMPUTER OR OTHER INFORMATION SYSTEM OWNED OR OPERATED BY ANY OF THOSE PERSONS OR ENTITIES PRODUCED, CALCULATED, OR GENERATED AN ERRONEOUS DATE, REGARDLESS OF THE CAUSE OF THE ERROR, AND TO PROVIDE FOR RELATED MATTERS, INCLUDING THE PROVISIONS OF CERTAIN CONTRACTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-1-330. Notwithstanding any other provision of law:
(1) No cause of action, including, but not limited to, any civil action or action for declaratory or injunctive relief, may be brought against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons or entities produced, calculated, or generated an erroneous date, regardless of the cause of the error.
(2) Any contract entered into by or on behalf of and in the capacity of the State of South Carolina, an immune contractor, or an officer or employee of the State or any of its agencies or political subdivisions shall include a provision that grants immunity to those persons or entities for any breach of contract that is caused by an erroneous date being produced, calculated, or generated by a computer or other information system that is owned or operated by any of those persons or entities, regardless of the cause of the error.
(3) Any contract subject to this section that is entered into on or after July 1, 1998, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void.
(4) For purposes of this section:
(a) 'employment' includes any services performed by an immune contractor;
(b) 'immune contractor' means any natural person, professional corporation, professional association, firm, business, partnership, or other entity which is an independent contractor with the State pursuant to the laws of this State."
SECTION 2. This act takes effect July 1, 1998.