H 3585 Session 112 (1997-1998)
H 3585 General Bill, By Harrison
A BILL MAKING FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH
RESPECT TO GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS
ACT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TORT CLAIMS ACT IS THE
EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT EMPLOYEE ACTING WITHIN
THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE THIS PROVISION TO BE
LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH AMBIGUITY TO BE
RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; AND TO REENACT THE
PROVISIONS OF SECTION 15-78-120 AS CURRENTLY EXISTING, SO AS TO PROVIDE THE
LIMITATIONS OF LIABILITY APPLICABLE AND OTHER REQUIREMENTS UNDER THE SOUTH
CAROLINA TORT CLAIMS ACT.
03/03/97 House Introduced and read first time HJ-6
03/03/97 House Referred to Committee on Judiciary HJ-6
04/15/97 House Committee report: Favorable with amendment
Judiciary HJ-5
04/16/97 House Amended HJ-48
04/16/97 House Read second time HJ-52
04/17/97 House Read third time and sent to Senate HJ-28
04/22/97 Senate Introduced and read first time SJ-14
04/22/97 Senate Referred to Committee on Judiciary SJ-14
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 16, 1997
H. 3585
Introduced by Rep. Harrison
S. Printed 4/16/97--H.
Read the first time March 3, 1997.
A BILL
MAKING FINDINGS OF LEGISLATIVE INTENT OF THE
GENERAL ASSEMBLY WITH RESPECT TO GOVERNMENTAL
TORT LIABILITY UNDER THE SOUTH CAROLINA TORT
CLAIMS ACT; TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 15-78-200 SO AS TO
PROVIDE THAT THE SOUTH CAROLINA TORT CLAIMS ACT
IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED
BY A GOVERNMENT EMPLOYEE ACTING WITHIN THE
SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO
REQUIRE THIS PROVISION TO BE LIBERALLY CONSTRUED
IN FAVOR OF LIMITED LIABILITY WITH AMBIGUITY TO BE
RESOLVED AS A MATTER OF LAW IN FAVOR OF THE
GOVERNMENT; AND TO REENACT THE PROVISIONS OF
SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO
PROVIDE THE LIMITATIONS ON LIABILITY APPLICABLE
AND OTHER REQUIREMENTS UNDER THE SOUTH
CAROLINA TORT CLAIMS ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The General Assembly finds:
(1) that because of the unique nature, role, funding, and function
of government, the General Assembly has never intended that the
government or taxpayers would be subject to unlimited liability for
tort actions against the government;
(2) this act shall clarify any ambiguity in the General Assembly's
intent that there remain reasonable limits upon recovery against the
government for tort actions, and that the government is only liable for
torts as expressly prescribed and authorized in the "South Carolina
Tort Claims Act".
SECTION 2. Chapter 78, Title 15 of the 1976 Code is amended by
adding:
"Section 15-78-200. Notwithstanding any provision of law, this
chapter, the 'South Carolina Tort Claims Act', is the exclusive and
sole remedy for any tort committed by an employee of a
governmental entity while acting within the scope of the employee's
official duty. The provisions of this chapter establish limitations on
and exemptions to the liability of the governmental entity and must
be liberally construed in favor of limiting the liability of the
governmental entity."
SECTION 3. Section 15-78-120 of the 1976 Code, as last amended
by Act 380 of 1994, is reenacted in its present form which reads:
"Section 15-78-120. (a) For any action or claim for damages
brought under the provisions of this chapter, the liability shall not
exceed the following limits:
(1) Except as provided in Section 15-78-120(a)(3), no person
shall recover in any action or claim brought hereunder a sum
exceeding two hundred fifty thousand dollars because of loss arising
from a single occurrence regardless of the number of agencies or
political subdivisions involved.
(2) Except as provided in Section 15-78-120(a)(4), the total sum
recovered hereunder arising out of a single occurrence shall not
exceed five hundred thousand dollars regardless of the number of
agencies or political subdivisions or claims or actions involved.
(3) No person may recover in any action or claim brought
hereunder against any governmental entity and caused by the tort of
any licensed physician or dentist, employed by a governmental entity
and acting within the scope of his profession, a sum exceeding one
million dollars because of loss arising from a single occurrence
regardless of the number of agencies or political subdivisions
involved.
(4) The total sum recovered hereunder arising out of a single
occurrence of liability of any governmental entity for any tort caused
by any licensed physician or dentist, employed by a governmental
entity and acting within the scope of his profession, may not exceed
one million dollars regardless of the number of agencies or political
subdivisions or claims or actions involved.
(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall
in no way limit or modify the liability of a licensed physician or
dentist, acting within the scope of his profession, with respect to any
action or claim brought hereunder which involved services for which
the physician or dentist was paid, should have been paid, or expected
to be paid at the time of the rendering of the services from any source
other than the salary appropriated by the governmental entity or fees
received from any practice plan authorized by the employer whether
or not the practice plan is incorporated and registered with the
Secretary of State.
(b) No award for damages under this chapter shall include punitive
or exemplary damages or interest prior to judgment.
(c) In any claim, action, or proceeding to enforce a provision of
this chapter, the signature of an attorney or party constitutes a
certificate by him that he has read the pleading, motion, or other
paper; that to the best of his knowledge, information, and belief
formed after reasonable inquiry it is well-grounded in fact and is
warranted by existing law or a good faith argument for the extension,
modification, or reversal of existing law, and that it is not interposed
for any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation. If a pleading,
motion, or other paper is not signed, it shall be stricken unless it is
signed promptly after the omission is called to the attention of the
pleader or movant. If a pleading, motion, or other paper is signed in
violation of this rule, the court, upon motion or upon its own
initiative, shall impose upon the person who signed it, a represented
party, or both, an appropriate sanction, which may include an order
to pay the other party or parties the amount of the reasonable
expenses incurred because of the filing of the pleading, motion, or
other paper, including a reasonable attorney's fee."
SECTION 4. A. Section 15-78-120 of the 1976 Code, as
reenacted by this act, is amended to read:
"Section 15-78-120. (a) For any action or claim for damages
brought under the provisions of this chapter, the liability shall not
exceed the following limits:
(1) Except as provided in Section 15-78-120(a)(3), no person
shall recover in any action or claim brought hereunder a sum
exceeding two three hundred fifty thousand
dollars because of loss arising from a single occurrence regardless of
the number of agencies or political subdivisions involved.
(2) Except as provided in Section 15-78-120(a)(4), the total sum
recovered hereunder arising out of a single occurrence shall not
exceed five six hundred thousand dollars regardless
of the number of agencies or political subdivisions or claims or
actions involved.
(3) No person may recover in any action or claim brought
hereunder against any governmental entity and caused by the tort of
any licensed physician or dentist, employed by a governmental entity
and acting within the scope of his profession, a sum exceeding one
million two hundred thousand dollars because of loss arising
from a single occurrence regardless of the number of agencies or
political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single
occurrence of liability of any governmental entity for any tort caused
by any licensed physician or dentist, employed by a governmental
entity and acting within the scope of his profession, may not exceed
one million two hundred thousand dollars regardless of the
number of agencies or political subdivisions or claims or actions
involved.
(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall
in no way limit or modify the liability of a licensed physician or
dentist, acting within the scope of his profession, with respect to any
action or claim brought hereunder which involved services for which
the physician or dentist was paid, should have been paid, or expected
to be paid at the time of the rendering of the services from any source
other than the salary appropriated by the governmental entity or fees
received from any practice plan authorized by the employer whether
or not the practice plan is incorporated and registered with the
Secretary of State.
(b) No award for damages under this chapter shall include punitive
or exemplary damages or interest prior to judgment.
(c) In any claim, action, or proceeding to enforce a provision of
this chapter, the signature of an attorney or party constitutes a
certificate by him that he has read the pleading, motion, or other
paper; that to the best of his knowledge, information, and belief
formed after reasonable inquiry it is well-grounded in fact and is
warranted by existing law or a good faith argument for the extension,
modification, or reversal of existing law, and that it is not interposed
for any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation. If a pleading,
motion, or other paper is not signed, it shall be stricken unless it is
signed promptly after the omission is called to the attention of the
pleader or movant. If a pleading, motion, or other paper is signed in
violation of this rule, the court, upon motion or upon its own
initiative, shall impose upon the person who signed it, a represented
party, or both, an appropriate sanction, which may include an order
to pay the other party or parties the amount of the reasonable
expenses incurred because of the filing of the pleading, motion, or
other paper, including a reasonable attorney's fee."
B. Subsection A of this section takes effect on the first day of the
twelfth month following approval by the Governor and applies to a
cause of action arising on or after that date.
SECTION 5. Except where otherwise provided, this act takes
effect upon approval by the Governor and applies to claims or actions
pending on that date or thereafter filed, except where final judgment
has been entered before that date.
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