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H. 4478

STATUS INFORMATION

General Bill
Sponsors: Reps. Herbkersman, Young, E.H. Pitts, Haley, Huggins, Bailey, Bingham, Bowers, Cato, Harrison, Hosey, Martin, Norman, Rivers, Townsend and Vick
Document Path: l:\council\bills\ms\7077ahb06.doc

Introduced in the House on January 19, 2006
Currently residing in the House Committee on Judiciary

Summary: Tort Claims Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/19/2006  House   Introduced and read first time HJ-22
   1/19/2006  House   Referred to Committee on Judiciary HJ-22

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/19/2006

TO AMEND SECTION 15-78-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE AND SOLE REMEDY FOR TORTS COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY WHILE ACTING WITHIN THE SCOPE OF AN EMPLOYEE'S OFFICIAL DUTY, SO AS TO PROVIDE THAT THE LIMITATIONS OF THE TORT CLAIMS ACT DO NOT APPLY IF THE TORT COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY IS FOUND TO BE ARBITRARY OR CAPRICIOUS AND IN THESE CIRCUMSTANCES THE EMPLOYEE MUST BE CONSIDERED TO BE ACTING OUTSIDE THE SCOPE OF HIS OFFICIAL DUTY.

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

SECTION    1.    Section 15-78-200 of the 1976 Code is amended to read:

"Section 15-78-200.    (A)    Notwithstanding any another provision of law, this chapter, the 'South Carolina Tort Claims Act', is the exclusive and sole remedy for any a tort committed by an employee of a governmental entity while acting within the scope of the employee's official duty. The provisions of this chapter establish limitations on and exemptions to the liability of the governmental entity and must be liberally construed in favor of limiting the liability of the governmental entity, except as specifically provided in subsection (B).

(B)    A tort committed by an employee of a governmental entity which is found to be arbitrary or capricious must be considered to be committed while acting outside the scope of the employee's official duty and the provisions and limitations of this chapter do not apply."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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