H*3740 Session 111 (1995-1996)
H*3740(Rat #0473, Act #0386 of 1996) General Bill, By Davenport
A Bill to amend Section 46-43-10, Code of Laws of South Carolina, 1976,
relating to the creation of the Migrant Farm Workers Commission, so as to
revise the name and to add a member; and to amend Section 46-43-40, relating
to the cooperation of state agencies and departments with the Commission, so
as to revise reporting requirements and to require the South Carolina
Employment Security Commission to provide a pre-occupancy housing inspection
program and to provide conditions and immunity; and to amend Section 15-78-60,
as amended, relating to exceptions to waiver of immunity under the Tort Claims
Act, so as to include the pre-occupancy housing inspection program.-amended
title
03/02/95 House Introduced and read first time HJ-12
03/02/95 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-12
03/22/95 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-3
03/28/95 House Amended HJ-34
03/28/95 House Read second time HJ-34
03/29/95 House Read third time and sent to Senate HJ-20
03/30/95 Senate Introduced and read first time SJ-17
03/30/95 Senate Referred to Committee on Agriculture and Natural
Resources SJ-17
04/06/95 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-16
01/24/96 Senate Read second time SJ-16
01/24/96 Senate Ordered to third reading with notice of
amendments SJ-16
01/25/96 Senate Recommitted to Committee on Agriculture and
Natural Resources SJ-25
04/04/96 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-20
05/16/96 Senate Amended SJ-38
05/16/96 Senate Read second time SJ-38
05/16/96 Senate Ordered to third reading with notice of
amendments SJ-38
05/22/96 Senate Read third time and returned to House with
amendments SJ-16
05/28/96 House Concurred in Senate amendment and enrolled HJ-110
05/30/96 Ratified R 473
06/04/96 Signed By Governor
06/04/96 Effective date 06/04/96
06/14/96 Copies available
06/14/96 Act No. 386
(A386, R473, H3740)
AN ACT TO AMEND SECTION 46-43-10, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE
MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE
THE NAME AND TO ADD A MEMBER; TO AMEND SECTION
46-43-40, RELATING TO THE COOPERATION OF STATE
AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO
AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE
THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION
TO PROVIDE A PRE-OCCUPANCY HOUSING INSPECTION
PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY;
AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING
TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT
CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY
HOUSING INSPECTION PROGRAM.
Be it enacted by the General Assembly of the State of South
Carolina:
Commission created; membership expanded
SECTION 1. Section 46-43-10 of the 1976 Code is amended to read:
"Section 46-43-10. There is created the Migrant and Seasonal
Farm Workers Commission appointed by the Governor and comprised of
six farmers whose principle source of income is derived from farming,
five of whom contract for migrant or seasonal farm workers, or both, two
of whom represent the peach growers in this State, one of whom
represents the apple growers, two of whom represent vegetable growers
and producers of other row crops in this State which are planted,
cultivated, or harvested, partially or completely, by migrant or seasonal
farm workers, and one general farmer who may or may not contract for
migrant or seasonal farm workers; four members who represent state
agencies with statewide jurisdiction which are involved with migrant or
seasonal farm workers; five members who represent organizations in
South Carolina which are presently involved with migrant or seasonal
farm workers in this State; and one person to represent the interests of
migrant farm workers or seasonal farm workers, or both. However, an
organization created subsequent to May 25, 1976, may become eligible to
have representatives appointed to this commission upon approval of the
Migrant Farm Workers Commission as then constituted. Terms of office
are for four years and until a successor is appointed and
qualifies."
Reporting requirements revised; pre-occupancy housing inspection
program created
SECTION 2. Section 46-43-40 of the 1976 Code is amended to read:
"Section 46-43-40. (A) An administrative or service agency,
public or private, which receives state or federal funds to provide
services to migrant or seasonal farm workers shall file an annual written
report with the commission describing the amount of state and federal
funds received, inspection activities, the services offered, the number of
migrant and seasonal workers and their family members served, and all
other pertinent information requested by the commission.
(B) If adequate state funds are available, the South Carolina
Employment Security Commission shall contract to provide a
pre-occupancy housing inspection program and shall report the results of
any inspections to the Migrant and Seasonal Farm Workers Commission
before October first of each year. However, the Migrant and Seasonal
Farm Workers Commission and the South Carolina Employment Security
Commission are immune from liability, pursuant to Section 15-78-60, for
any action that may be brought in connection with the inspection
program."
Exception to Tort Claims Act; waiver of immunity
SECTION 3. Section 15-78-60 of the 1976 Code, as last amended by
Act 351 of 1990, is further amended by adding an appropriately
numbered item to read:
"( ) a pre-occupancy housing inspection contracted for by the
South Carolina Employment Security Commission pursuant to Section
46-43-40."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996. |