Current Status Bill Number:
3909Ratification Number: 380Act Number: 320Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950330Primary Sponsor: WrightAll Sponsors: Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and WilderDrafted Document Number: bbm\10059jm.95Companion Bill Number: 557Date Bill Passed both Bodies: 19960508Date of Last Amendment: 19960502Governor's Action: SDate of Governor's Action: 19960520Subject: Workers' compensation, construction
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960530 Act No. A320 ------ 19960520 Signed by Governor ------ 19960514 Ratified R380 House 19960508 Concurred in Senate amendment, enrolled for ratification Senate 19960503 Read third time, returned to House with amendment Senate 19960502 Amended, read second time, unanimous consent for third reading on Friday, 19960503 Senate 19960501 Committee report: Favorable with 11 SJ amendment Senate 19960124 Introduced, read first time, 11 SJ referred to Committee House 19960123 Read third time, sent to Senate House 19960118 Read second time House 19960111 Debate adjourned until Tuesday, 19960116 House 19950524 Objection by Representative Baxley Delleney Clyburn Lloyd Keegan Meacham Askins Spearman Huff Wright Knotts Cato Cobb- Hunter Kelley House 19950518 Committee report: Favorable 26 HLCI House 19950330 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
(A320, R380, H3909)
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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of May, 1996.