S 1083 Session 112 (1997-1998)
S 1083 General Bill, By Saleeby and Land
A BILL TO AMEND SECTION 15-78-100, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE FILING OF ACTIONS UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE
THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE EXCLUSIVE JURISDICTION
FOR CLAIMS ACCRUING AFTER JULY 1, 1998; AND TO AMEND SECTION 15-78-30,
RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE
ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE EXCLUSIVE JURISDICTION FOR CLAIMS
ARISING UNDER THE SOUTH CAROLINA TORTS CLAIMS ACT.
03/03/98 Senate Introduced and read first time SJ-6
03/03/98 Senate Referred to Committee on Judiciary SJ-6
A BILL
TO AMEND SECTION 15-78-100, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE FILING OF ACTIONS
UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT
THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE
EXCLUSIVE JURISDICTION FOR CLAIMS ACCRUING AFTER
JULY 1, 1998; AND TO AMEND SECTION 15-78-30, RELATING
TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO
PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE
DIVISION SHALL HAVE EXCLUSIVE JURISDICTION FOR
CLAIMS ARISING UNDER THE SOUTH CAROLINA TORTS
CLAIMS ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 15-78-100 of the 1976 Code is amended to
read:
"(a) Except as provided for in Section 15-3-40, an action for
damages under this chapter may be instituted at any time within two
years after the loss was or should have been discovered.
Provided, that However, if a claim for damages was
filed and disallowed or rejected an action for damages filed under this
chapter, based upon the same occurrence as the claim, may be
instituted within three years after the loss was or should have been
discovered.
(b) Jurisdiction for any action brought under this chapter is in
the circuit court and brought in the county in which the act or
omission occurred. An action under this chapter must be
brought as a contested case hearing before the Administrative Law
Judge Division pursuant to Chapter 23 of Title 1.
(c) In all actions brought pursuant to this chapter when an alleged
joint tortfeasor is named as party defendant in addition to the
governmental entity, the trier of fact must return a special verdict
specifying the proportion of monetary liability of each defendant
against whom liability is determined."
SECTION 2. Section 15-78-30 of the 1976 Code, as last amended
by Act. No. 271 of 1996, is further amended by adding an
appropriately numbered item to read:
"( ) 'Contested case hearing' means a proceeding including, but not
restricted to, ratemaking, price fixing, and licensing, in which the
legal rights, duties, or privileges of a party are required by law to be
determined by an agency after an opportunity for hearing. A
contested case hearing is a hearing conducted pursuant to Article 3,
Chapter 23 of Title 1 and the Rules of Procedure for the
Administrative Law Judge Division."
SECTION 3. Sections 1 and 2 apply only to those causes of action
arising or accruing on or after July 1, 1998.
SECTION 4. This act takes effect upon approval by the Governor.
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