South Carolina General Assembly
113th Session, 1999-2000

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Bill 166

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      166
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas
Drafted Document Number:          l:\council\bills\nbd\11012jm.99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Telephone companies, to be answerable in 
                                  damages for injury resulting from negligence


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        11 SJ


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

A BILL

TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES, RESTRICTIONS, AND RIGHTS OF TELEPHONE COMPANIES, BY ADDING SECTION 58-9-395 SO AS TO PROVIDE THAT ALL TELEPHONE COMPANIES DOING BUSINESS IN THIS STATE SHALL BE ANSWERABLE IN DAMAGES FOR INJURY RESULTING FROM THEIR ACTS OF NEGLIGENCE, WANTONNESS, WILFULNESS, OR RECKLESSNESS, AND TO PROVIDE FOR RELATED MATTERS.

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

SECTION 1. Article 3, Chapter 9 of Title 58 of the 1976 Code is amended by adding:

"Section 58-9-395. Notwithstanding any other provision of law, all telephone companies doing business in this State shall be answerable in damages for injury resulting from their acts of negligence, wantonness, wilfulness, or recklessness, and in all actions under this section the jury may award those damages the jury concludes resulted from negligence, wantonness, wilfulness, or recklessness of the telephone companies, including punitive damages where appropriate. An agreement to limit or eliminate these damages, whether by written contract or otherwise, is null and void."

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

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