H 3072 Session 112 (1997-1998)
H 3072 General Bill, By Young-Brickell, Bailey, Harrell, Hinson and Robinson
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
40-22-500 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.
12/18/96 House Prefiled
12/18/96 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-37
01/14/97 House Referred to Committee on Judiciary HJ-38
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 40-22-500 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. This act may be cited as the "Engineers' Good
Samaritan Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 40-22-500. (A) As used in this section:
(1) 'Public official' means a federal, state, or locally elected
official with overall executive responsibility in the jurisdiction in
which the emergency or event has occurred.
(2) 'Public safety official' means an 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.
(3) 'Law enforcement official' means an 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.
(4) 'Building inspection official' means an 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 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 performing the engineering services for a
structure, building, piping, or other engineered system, either
publicly or privately owned.
(C) The immunity provided in this section only applies 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 to a professional
engineer for wanton, wilful, or intentional misconduct."
SECTION 3. This act takes effect upon approval by the Governor.
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