2005-2006 Bill 3014: Civil Immunity for the State When Person Fails to Evacuate - South

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 H. 3014 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Clemmons, Vaughn, Barfield, Viers, Mahaffey and Umphlett 10 Document Path: l:\council\bills\ms\7037ahb05.doc 11 12 Introduced in the House on January 11, 2005 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Civil immunity for the State when person fails to evacuate 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/8/2004 House Prefiled 22 12/8/2004 House Referred to Committee on Judiciary 23 1/11/2005 House Introduced and read first time HJ-48 24 1/11/2005 House Referred to Committee on Judiciary HJ-48 25 1/13/2005 House Member(s) request name added as sponsor: Umphlett 26 27 28 VERSIONS OF THIS BILL 29 30 12/8/2004 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 15-1-305 SO AS TO PROVIDE 13 CIVIL IMMUNITY FOR THE STATE, ITS POLITICAL 14 SUBDIVISIONS, AND THEIR EMPLOYEES, AGENTS, OR 15 REPRESENTATIVES WHEN A PERSON SUSTAINS 16 PERSONAL INJURY OR PROPERTY DAMAGE WHEN HE 17 FAILS TO EVACUATE AFTER THE GOVERNOR DECLARES 18 A STATE OF EMERGENCY AND ISSUES A MANDATORY 19 EVACUATION ORDER, TO PROVIDE AN EXCEPTION FOR 20 GROSS NEGLIGENCE OR WILLFUL AND WANTON 21 MISCONDUCT, AND TO PROVIDE THAT THE RIGHTS OF A 22 PERSON TO RECEIVE BENEFITS, COMPENSATION, OR TO 23 RECOVER UNDER AN INSURANCE POLICY ARE NOT 24 AFFECTED. 25 26 SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by 27 adding: 28 29 “Section 15-1-305. (A) The State, its political subdivisions, and 30 their employees, agents, and representatives acting within the 31 scope of their official duties are not liable for civil damages for 32 personal injury or property damage sustained by a person who fails 33 to evacuate after the Governor declares a state of emergency and 34 issues a mandatory evacuation order pursuant to the provisions of 35 Section 25-1-440. 36 (B) The civil immunity provided by this section does not apply 37 if an act or omission amounts to gross negligence or willful or 38 wanton misconduct. 39 (C) The provisions of this section do not affect the right of a 40 person to receive benefits or compensation that is specifically 41 provided by state or federal law nor do the provisions of this

1 [3014] 1 1 section affect the right of a person to recover under the terms of an 2 insurance policy.” 3 4 SECTION 2. This act takes effect upon approval by the 5 Governor. 6 ----XX---- 7

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