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Bill Number: 266 Ratification Number: 12 Act Number 7 Introducing Body: Senate Subject: South Carolina Tort Claims Act
(A7, R12, S266)
AN ACT TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, TO PROVIDE FOR THE LIMITS OF RECOVERY IN THESE CASES WHICH INVOLVE CERTAIN LICENSED HEALTH CARE FACILITIES, AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING THESE CLAIMS MUST BE COMPUTED.
Be it enacted by the General Assembly of the State of South Carolina:
When prior causes of action are allowed
SECTION 1. Section 15-78-20(c) of the 1976 Code, as added by Act 463 of 1986, is further amended to read:
"(c)(i) As to those causes of action that arise or accrue prior to the effective date of this act, the General Assembly reinstates sovereign immunity on the part of the State, its political subdivisions and employees, while acting within the scope of official duty provided that sovereign immunity will not bar recovery in any cause of action arising or accruing on or before the effective date of this act if the defendant maintained liability insurance coverage.
(ii) In such cases involving governmental health care facilities, as defined in Section 15-78-30(j), recovery shall not exceed the limits of the liability insurance coverage up to a maximum recovery of five hundred thousand dollars.
(iii) In all other such cases recovery shall not exceed the limits of the liability insurance coverage."
Computing statute of limitations
SECTION 2. In computing the statutory time for filing a claim under Section 15-78-20(c) of the 1976 Code, as amended by Section 1 of this act, the period from July 1, 1986, until the effective date of this act must not be included in computing the applicable statute of limitations.
SECTION 3. This act takes effect upon approval by the Governor.