South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

S. 175

STATUS INFORMATION

General Bill
Sponsors: Senator Sheheen
Document Path: l:\s-res\vas\003tca .dmr.vas.docx

Introduced in the Senate on January 10, 2017
Currently residing in the Senate Committee on Judiciary

Summary: S.C. Tort Claims Act's statute of limitations

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2016  Senate  Prefiled
  12/13/2016  Senate  Referred to Committee on Judiciary
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 93)
   1/10/2017  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 93)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/13/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 15-78-110 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT'S STATUTE OF LIMITATIONS, TO PROVIDE THAT EXCEPT AS PROVIDED IN SECTIONS 15-3-40 AND 15-3-555, ANY ACTION BROUGHT PURSUANT TO THIS CHAPTER IS FOREVER BARRED UNLESS AN ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE DATE THE LOSS WAS OR SHOULD HAVE BEEN DISCOVERED; PROVIDED, THAT IF THE CLAIMANT FIRST FILED A CLAIM PURSUANT TO THIS CHAPTER THEN THE ACTION FOR DAMAGES BASED UPON THE SAME OCCURRENCE IS FOREVER BARRED UNLESS THE ACTION IS COMMENCED WITHIN THREE YEARS OF THE DATE THE LOSS WAS OR SHOULD HAVE BEEN DISCOVERED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 15-78-110 of the 1976 Code is amended to read:

"Section 15-78-110.    Except as provided for in Section 15-3-40, Sections 15-3-40 and 15-3-555, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 12, 2017 at 9:52 AM