South Carolina General Assembly
110th Session, 1993-1994

Bill 476


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    476
Primary Sponsor:                J. Verne Smith
Type of Legislation:            GB
Subject:                        Workers' compensation,
                                architectural services
Residing Body:                  Senate
Computer Document Number:       476
Introduced Date:                19930225
Last History Body:              Senate
Last History Date:              19930427
Last History Type:              Committee Report:
                                Favorable
                                with amendment
Scope of Legislation:           Statewide
All Sponsors:                   J. Verne Smith
                                Leatherman
                                McConnell
                                Reese
                                Elliott
                                McGill
                                O'Dell
                                Courson
                                Giese
                                Drummond
                                Ryberg
                                Rose
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

476   Senate  19930427      Committee Report: Favorable     12
                            with amendment
476   Senate  19930225      Introduced, read first time,    12
                            referred to Committee

View additional legislative information at the LPITS web site.


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

COMMITTEE REPORT

April 27, 1993

S. 476

Introduced by SENATORS J. Verne Smith, Leatherman, McConnell, Reese, Elliott, McGill, O'Dell, Courson, Giese, Drummond, Ryberg and Rose

S. Printed 4/27/93--S.

Read the first time February 25, 1993.

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (S. 476), to amend the Code of Laws of South Carolina, 1976, by adding Section 42-1-660 so as to provide that no architect, construction manager, engineer, land surveyor, landscape architect, or their employees, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 1, and inserting in lieu thereof the following:

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 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.

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

Amend title to conform.

J. VERNE SMITH, for Committee.

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, CONSTRUCTION MANAGER, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP OR FIRM OFFERING ARCHITECTURAL SERVICES, CONSTRUCTION MANAGEMENT SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY PRACTICES UNLESS SPECIFICALLY ASSUMED BY CONTRACT, AND TO PROVIDE THAT THIS IMMUNITY 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:

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

"Section 42-1-660. No architect, construction manager, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership or firm offering architectural services, construction management services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project, is liable 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.

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

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

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