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Bill 3017

                    Current Status

Bill Number:                      3017
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Kirsh
All Sponsors:                     Kirsh
Drafted Document Number:          l:\council\bills\nbd\11023jm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Cause of action may not be brought 
                                  against immune contractor or public employee 
                                  when computer error; Torts, Construction


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT NO CAUSE OF ACTION MAY BE BROUGHT AGAINST AN IMMUNE CONTRACTOR OR AN OFFICER OR EMPLOYEE OF THE STATE OR ANY OF ITS AGENCIES OR POLITICAL SUBDIVISIONS ON THE BASIS THAT A COMPUTER OR OTHER INFORMATION SYSTEM OWNED OR OPERATED BY ANY OF THOSE PERSONS OR ENTITIES PRODUCED, CALCULATED, OR GENERATED AN ERRONEOUS DATE, REGARDLESS OF THE CAUSE OF THE ERROR, AND TO PROVIDE FOR RELATED MATTERS, INCLUDING THE LEGAL EFFECT OF THE ABOVE PROVISIONS ON CERTAIN CONTRACTS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 15-1-330. Notwithstanding any other provision of law:

(1) No cause of action, including, but not limited to, any civil action or action for declaratory or injunctive relief, may be brought against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons or entities produced, calculated, or generated an erroneous date, regardless of the cause of the error.

(2) Any contract entered into by or on behalf of and in the capacity of the State of South Carolina, an immune contractor, or an officer or employee of the State or any of its agencies or political subdivisions shall include a provision that grants immunity to those persons or entities for any breach of contract that is caused by an erroneous date being produced, calculated, or generated by a computer or other information system that is owned or operated by any of those persons or entities, regardless of the cause of the error.

(3) Any contract subject to this section that is entered into on or after July 1, 2000, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void.

(4) For purposes of this section:

(a) 'employment' includes any services performed by an immune contractor;

(b) 'immune contractor' means any natural person, professional corporation, professional association, firm, business, partnership, or other entity which is an independent contractor with the State pursuant to the laws of this State."

SECTION 2. This act takes effect July 1, 2000.

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