Current Status Bill Number:3072 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Young-Brickell All Sponsors:Young-Brickell, Bailey, Robinson, Harrell and Hinson Drafted Document Number:gjk\23101ac.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Engineers' Good Samaritan Act, immunity, engineering services at scene of declared emergency
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19961218 Prefiled, referred to Committee 25 HJ
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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.