H 4266 General Bill, By Sharpe

Similar(S 68)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-56-340 so as to provide immunity from liability for a technical expert
 providing advice and assistance to a county or other political subdivision
 during the course of a hazardous materials emergency and to provide
 exceptions.

   05/30/95  House  Introduced and read first time HJ-6
   05/30/95  House  Referred to Committee on Judiciary HJ-6

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 44-56-340. A person previously designated as a technical expert by the governing body of a county or other political subdivision, who gives advice and assistance to a county or a political subdivision during the course of a hazardous materials emergency, is not liable as an individual or as an employee or representative of a private company for civil damages as a result of an act or omission by the person in rendering this advice or assistance or as a result of an act or failure to act, except an act or omission amounting to gross negligence or wilful or wanton misconduct."

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