South Carolina General Assembly
116th Session, 2005-2006

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Bill 3815


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 48-34-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR DAMAGES, INJURY, OR LOSS CAUSED BY PRESCRIBED FIRE, SO AS TO PROVIDE THAT GROSS NEGLIGENCE RATHER THAN NEGLIGENCE MUST BE PROVEN BEFORE A PROPERTY OWNER OR LESSEE OR HIS AGENT OR EMPLOYEE CONDUCTING A PRESCRIBED BURN IS LIABLE FOR DAMAGES, INJURY, OR LOSS.

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

SECTION    1.    Section 48-34-50 of the 1976 Code, as added by Act 325 of 1994, is amended to read:

"Section 48-34-50.    No property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is liable for damage, injury, or loss caused by fire, resulting smoke, or other consequences of the prescribed fire unless gross negligence is proven."

SECTION    2.    This act takes effect upon approval by the Governor.

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