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Current Status Bill Number:View additional legislative information at the LPITS web site.4435 Ratification Number:302 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020108 Primary Sponsor:Robinson All Sponsors:Robinson, Altman, Whipper Drafted Document Number:l:\council\bills\dka\4614dw02.doc Date Bill Passed both Bodies:20020430 Governor's Action:V Date of Governor's Action:20020514 Action on Governor's Veto:S Subject:Tort Claims Act, requirement deleted that claim be verified History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020516 Veto sustained ------ 20020514 Vetoed by Governor ------ 20020508 Ratified R302 Senate 20020430 Read third time, enrolled for ratification Senate 20020425 Read second time, notice of general amendments Senate 20020424 Introduced, read first time, placed on Calendar without reference House 20020423 Read third time, sent to Senate House 20020418 Read second time House 20020417 Committee report: Favorable 25 HJ House 20020108 Introduced, read first time, 25 HJ referred to Committee House 20011219 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on April 17, 2002 - Word format Revised on April 24, 2002 - Word format
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT THE FINAL VERSION.
(R302, H4435)
AN ACT TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Be it enacted by the General Assembly of the State of South Carolina:
Delete requirement that claim be verified
SECTION 1. Section 15-78-80(a) of the 1976 Code is amended to read:
"(a) A claim for damages under this chapter, setting forth the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, and the amount of the loss sustained may be filed:
(1) in cases against the State, with the State Budget and Control Board, or with the agency employing an employee whose alleged act or omission gave rise to the claim;
(2) where the claim is against a political subdivision, with the political subdivision employing an employee whose alleged act or omission gave rise to the claim;
(3) where the identification of the proper defendant is in doubt, with the Attorney General."
Delete requirement that claim be verified
SECTION 2. Section 15-78-80(d) of the 1976 Code is amended to read:
"(d) The claim may be received by the Budget and Control Board or the appropriate agency or political subdivision. If filed, the claim must be received within one year after the loss was or should have been discovered."
Delete requirement that claim be verified
SECTION 3. Section 15-78-120(c) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(c) In an action or a 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. No claim filed under the provisions of this chapter is required to be verified. 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."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2002.
__________________________________________
President of the Senate
___________________________________________
Speaker of the House of Representatives
Approved the ____________ day of _____________________2002.
___________________________________________
Governor
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