Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3881
STATUS INFORMATION
General Bill
Sponsors: Reps. G.M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F.N. Smith, J.E. Smith, Talley and Weeks
Document Path: l:\council\bills\bbm\9699djc03.doc
Introduced in the House on March 27, 2003
Introduced in the Senate on May 4, 2004
Last Amended on April 29, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Tort Claims Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/27/2003 House Introduced and read first time HJ-10
3/27/2003 House Referred to Committee on Judiciary HJ-11
4/21/2004 House Committee report: Favorable with amendment Judiciary
HJ-34
4/27/2004 House Debate adjourned until Wednesday, April 28, 2004 HJ-33
4/28/2004 House Debate adjourned HJ-16
4/28/2004 House Debate adjourned HJ-29
4/28/2004 House Debate adjourned HJ-107
4/28/2004 House Amended HJ-113
4/28/2004 House Debate adjourned HJ-113
4/29/2004 House Debate adjourned HJ-22
4/29/2004 House Reconsidered HJ-24
4/29/2004 House Amended HJ-24
4/29/2004 House Read second time HJ-26
4/29/2004 House Unanimous consent for third reading on next legislative
day HJ-26
4/30/2004 Scrivener's error corrected
4/30/2004 House Read third time and sent to Senate HJ-1
5/4/2004 Senate Introduced and read first time SJ-4
5/4/2004 Senate Referred to Committee on Judiciary SJ-4
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/27/2003
4/21/2004
4/28/2004
4/29/2004
4/30/2004
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 29, 2004
H. 3881
Introduced by Reps. G.M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F.N. Smith, J.E. Smith, Talley and Weeks
S. Printed 4/29/04--H. [SEC 4/30/04 3:18 PM]
Read the first time March 27, 2003.
TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 271 of 1996, is further amended to read:
"(c) Prior to Before January 1, 1989, 'employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, members of the South Carolina National Guard and the South Carolina State Guard, and persons acting on behalf or in service of a governmental entity in the scope of official duty, with or without compensation including, but not limited to, court-appointed attorneys, public defenders, and technical experts whether with or without compensation, but the. The term does not include an independent contractor doing business with the State or any political subdivision thereof of the State; however, the term does include an independent contractor operating a veteran's nursing home under the jurisdiction of the Department of Mental Health or any other agency or department of state government. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section 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. For the purposes of this chapter, court-appointed attorneys are considered employees of the judicial department and public defenders are considered employees of the appropriate public defender corporation."
SECTION 2. Section 15-78-30(e) of the 1976 Code, as last amended by Act 271 of 1996, is further amended to read:
"(e) 'State' means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, including the South Carolina Protection and Advocacy System for the Handicapped, Inc., Public Defender Corporations, and institutions, including state-supported governmental health care facilities, schools, colleges, universities, and technical colleges."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:32 A.M.