South Carolina General Assembly
116th Session, 2005-2006

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H. 3014

STATUS INFORMATION

General Bill
Sponsors: Reps. Clemmons, Vaughn, Barfield, Viers, Mahaffey and Umphlett
Document Path: l:\council\bills\ms\7037ahb05.doc

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Civil immunity for the State when person fails to evacuate

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-48
   1/11/2005  House   Referred to Committee on Judiciary HJ-48
   1/13/2005  House   Member(s) request name added as sponsor: Umphlett

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-305 SO AS TO PROVIDE CIVIL IMMUNITY FOR THE STATE, ITS POLITICAL SUBDIVISIONS, AND THEIR EMPLOYEES, AGENTS, OR REPRESENTATIVES WHEN A PERSON SUSTAINS PERSONAL INJURY OR PROPERTY DAMAGE WHEN HE FAILS TO EVACUATE AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY AND ISSUES A MANDATORY EVACUATION ORDER, TO PROVIDE AN EXCEPTION FOR GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT, AND TO PROVIDE THAT THE RIGHTS OF A PERSON TO RECEIVE BENEFITS, COMPENSATION, OR TO RECOVER UNDER AN INSURANCE POLICY ARE NOT AFFECTED.

SECTION    1.    Chapter 1, Title 15 of the 1976 Code is amended by adding:

"Section 15-1-305.    (A)    The State, its political subdivisions, and their employees, agents, and representatives acting within the scope of their official duties are not liable for civil damages for personal injury or property damage sustained by a person who fails to evacuate after the Governor declares a state of emergency and issues a mandatory evacuation order pursuant to the provisions of Section 25-1-440.

(B)    The civil immunity provided by this section does not apply if an act or omission amounts to gross negligence or willful or wanton misconduct.

(C)    The provisions of this section do not affect the right of a person to receive benefits or compensation that is specifically provided by state or federal law nor do the provisions of this section affect the right of a person to recover under the terms of an insurance policy."

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

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