H*3909(Rat #0380, Act #0320 of 1996)  General Bill, By D.A. Wright, Askins, 
Bailey, Gamble, Harvin, R.J. Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, 
Simrill, Spearman and Wilder

Similar(S 531, S 557)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 42-1-660 so as to provide that no architect, engineer, land surveyor,
 landscape architect, or their employees or a corporation, partnership, or firm
 offering architectural services, engineering services, land surveyor services,
 or landscape architectural services who is retained to perform professional
 services on a construction project is liable in any action brought pursuant to
 Section 42-1-560 for injury resulting from the employer's failure to comply
 with safety standards on a construction project for which compensation is
 recoverable under the South Carolina Workers' Compensation Law, to provide an
 exception, and to provide that the immunity provided herein does not apply to
 the negligent preparation of design plans or specifications.-amended title

   03/30/95  House  Introduced and read first time HJ-6
   03/30/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-6
   05/18/95  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-32
   05/24/95  House  Objection by Rep. Baxley, Delleney, Clyburn,
                     Lloyd, Wright, Knotts, Cato, Askins, Spearman,
                     Huff, Cobb-Hunter, Kelley, Keegan & Meacham HJ-11
   01/11/96  House  Debate adjourned until Tuesday, January 16, 1996 HJ-35
   01/18/96  House  Read second time HJ-22
   01/18/96  House  Roll call Yeas-93  Nays-10 HJ-24
   01/23/96  House  Read third time and sent to Senate HJ-9
   01/24/96  Senate Introduced and read first time SJ-11
   01/24/96  Senate Referred to Committee on Judiciary SJ-11
   05/01/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-6
   05/02/96  Senate Amended SJ-34
   05/02/96  Senate Read second time SJ-34
   05/02/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-36
   05/03/96  Senate Read third time and returned to House with
                     amendments SJ-49
   05/08/96  House  Concurred in Senate amendment and enrolled HJ-37
   05/14/96         Ratified R 380
   05/20/96         Signed By Governor
   05/31/96         Effective date 05/20/96
   05/31/96         Copies available
   05/31/96         Act No. 320

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE IN ANY ACTION BROUGHT PURSUANT TO SECTION 42-1-560 FOR INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, TO PROVIDE AN EXCEPTION, AND TO PROVIDE THAT THE IMMUNITY PROVIDED HEREIN DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.

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

Nonliability on construction projects; exception; etc.

SECTION 1. Article 3, Chapter 1, Title 42 of the 1976 Code is amended by adding:

"Section 42-1-660. No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or firm offering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project is liable in any action brought pursuant to Section 42-1-560 for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifically assumed by contract or by direct supervision or continual direction of the injured employee relative to the segment of the job which results in the injury.

The immunity provided by this section does not apply to the negligent preparation of design plans or specifications."

Time effective

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

Approved the 20th day of May, 1996.