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H. 3051

STATUS INFORMATION

General Bill
Sponsors: Rep. E.H. Pitts
Document Path: l:\council\bills\ms\7022ahb07.doc

Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary

Summary: Abby's Law

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  House   Prefiled
  12/13/2006  House   Referred to Committee on Judiciary
    1/9/2007  House   Introduced and read first time HJ-36
    1/9/2007  House   Referred to Committee on Judiciary HJ-36

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "ABBY'S LAW", BY AMENDING SECTION 33-56-180, RELATING TO LIMITED LIABILITY OF CHARITABLE ORGANIZATIONS, SO AS TO CONFORM THE LIMITATION ON LIABILITY TO THE SOUTH CAROLINA TORT CLAIMS ACT AMOUNT WHEN THE ACTUAL DAMAGES ARISE FROM THE USE OR OPERATION OF A MOTOR VEHICLE AND TO PROVIDE AN EXCEPTION TO THE LIMITATION WHEN A CHARITABLE ORGANIZATION CARRIES ADDITIONAL COVERAGE AND AN INSURER PROVIDES COVERAGE TO A CHARITABLE ORGANIZATION IN EXCESS OF THE AMOUNT OF THE LIMITATION PROVIDED BY LAW UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    This act may be cited as "Abby's Law".

SECTION    2.    Section 33-56-180 of the 1976 Code is amended to read:

"Section 33-56-180.    (A)    A person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may recover in an action brought against the charitable organization only the actual damages he sustains in an amount not exceeding the limitations on liability imposed in the South Carolina Tort Claims Act in Chapter 78 of Title 15. An action against the charitable organization pursuant to this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be joined properly as a party defendant. A judgment against an employee of a charitable organization may not be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it reasonably can be determined.

(B)    If the actual damages from the injury or death giving rise to the action arose from the use or operation of a motor vehicle and exceed two hundred fifty thousand dollars the limitations on liability imposed in the South Carolina Tort Claims Act in Chapter 78 of Title 15, this section does not prevent the injured person from recovering benefits pursuant to Section 38-77-160 but in an amount not to exceed the limits of the uninsured or underinsured coverage.

(C)    In addition to the exception provided in subsection (B), the limitation on liability provided in subsection (A) does not apply if:

(1)    the charitable organization chooses to carry an insurance policy with a higher policy limit than the limitation on liability provided in this section and pays premiums accordingly;

(2)    an insurer provides coverage to a charitable organization in excess of the limitation provided in this section; and

(3)    the actual damages from the injury or death giving rise to the action exceed the limitation provided in this section."

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

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