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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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