S*1137(Rat #0314, Act #0280 of 2012)  General Bill, By Shoopman

Similar(H 4745)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
 40-3-325 AND 40-22-295 SO AS TO ENACT THE "ARCHITECTS' AND ENGINEERS'
 VOLUNTEER ACT" WHICH PROVIDES SPECIFIED IMMUNITY FOR A REGISTERED ARCHITECT OR
 ENGINEER WHO PROVIDES CERTAIN VOLUNTARY ARCHITECTURAL OR ENGINEERING SERVICES
 AT THE SCENE OF A DECLARED STATE OR NATIONAL EMERGENCY AT THE REQUEST OF THE
 GOVERNOR, TO PROVIDE EXCEPTIONS TO THIS IMMUNITY, AND TO PROVIDE THE
 CONDITIONS AND CIRCUMSTANCES UNDER WHICH THIS GRANT OF IMMUNITY IS APPLICABLE.
 - ratified title

   01/24/12  Senate Introduced and read first time (Senate Journal-page 9)
   01/24/12  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 9)
   03/21/12  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry (Senate Journal-page 15)
   04/19/12  Senate Committee Amendment Adopted (Senate Journal-page 24)
   04/19/12  Senate Read second time (Senate Journal-page 24)
   04/19/12  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 24)
   04/20/12         Scrivener's error corrected
   04/24/12  Senate Read third time and sent to House
                     (Senate Journal-page 18)
   04/25/12  House  Introduced and read first time (House Journal-page 4)
   04/25/12  House  Referred to Committee on Labor, Commerce and
                     Industry (House Journal-page 4)
   05/24/12  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry (House Journal-page 3)
   05/30/12  House  Amended (House Journal-page 60)
   05/30/12  House  Read second time (House Journal-page 60)
   05/30/12  House  Roll call Yeas-110  Nays-0 (House Journal-page 62)
   05/31/12  House  Read third time and returned to Senate with
                     amendments (House Journal-page 22)
   06/06/12  Senate Non-concurrence in House amendment
                     (Senate Journal-page 106)
   06/06/12  Senate Roll call Ayes-2  Nays-42 (Senate Journal-page 106)
   06/07/12  House  House insists upon amendment and conference
                     committee appointed Reps. Sandifer, Anderson,
                     Bingham (House Journal-page 1)
   06/07/12  Senate Conference committee appointed Reese, Bryant, and
                     Shoopman (Senate Journal-page 123)
   06/19/12  Senate Conference report adopted (Senate Journal-page 111)
   06/19/12  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 111)
   06/19/12  House  Conference report received and adopted
                     (House Journal-page 45)
   06/19/12  House  Roll call Yeas-101  Nays-0 (House Journal-page 47)
   06/19/12  Senate Ordered enrolled for ratification
                     (Senate Journal-page 83)
   06/22/12         Ratified R 314
   06/26/12         Signed By Governor
   07/17/12         Effective date 06/26/12
   07/17/12         Act No. 280

(A280, R314, S1137)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-3-325 AND 40-22-295 SO AS TO ENACT THE "ARCHITECTS' AND ENGINEERS' VOLUNTEER ACT" WHICH PROVIDES SPECIFIED IMMUNITY FOR A REGISTERED ARCHITECT OR ENGINEER WHO PROVIDES CERTAIN VOLUNTARY ARCHITECTURAL OR ENGINEERING SERVICES AT THE SCENE OF A DECLARED STATE OR NATIONAL EMERGENCY AT THE REQUEST OF THE GOVERNOR, TO PROVIDE EXCEPTIONS TO THIS IMMUNITY, AND TO PROVIDE THE CONDITIONS AND CIRCUMSTANCES UNDER WHICH THIS GRANT OF IMMUNITY IS APPLICABLE.

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

Citation

SECTION    1.    This act may be cited as the "Architects' and Engineers' Volunteer Act".

Architect immunity

SECTION    2.    Chapter 3, Title 40 of the 1976 Code is amended by adding:

"Section 40-3-325.    A licensed architect under the provisions of this chapter is immune from liability for volunteer architectural services provided during an emergency in the same manner as a licensed engineer is immune for volunteer engineering services as provided in Section 40-22-295. This section does not provide immunity from liability for persons merely registered in this State pursuant to Section 40-3-260."

Engineer immunity

SECTION    3.    Chapter 22, Title 40 of the 1976 Code is amended by adding:

"Section 40-22-295.    (A)    A licensed engineer who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed 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. Immunity from liability under this section is only effective as to services rendered during the thirty days following the event that gave rise to the declared state of emergency.

(B)(1)    Any licensed engineer appointed pursuant to this section must not be held liable for any civil damages as a result of the providing of requested engineering services unless the damages result from providing, or failing to provide engineering services if the consequences of the services provided are proven by a preponderance of the evidence to be the result of gross negligence or recklessness.

(2)    This section applies if the engineer does not receive payment other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the engineer is an employee of the State, the engineer may continue to receive compensation from his employer.

(C)    This section does not provide immunity from liability to persons providing services pursuant to Section 40-22-75."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2012.

Approved the 26th day of June, 2012.