S 0331 General Bill, By Saleeby and Land
 A BILL TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO JURISDICTION FOR AN ACTION BROUGHT UNDER THE TORT CLAIMS
 ACT, SO AS TO PROVIDE THAT THE ACTION MAY BE FILED AS A CONTESTED CASE FOR A
 HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION IF THE PARTIES AGREE, AND
 TO PROVIDE THAT JUDICIAL REVIEW OF THE FINAL ADMINISTRATIVE LAW JUDGE DECISION
 BE TAKEN BY APPEAL TO THE SUPREME COURT OR THE COURT OF APPEALS, AS
 APPLICABLE, IF THE PARTIES NOT IN DEFAULT AGREE TO DISPENSE WITH REVIEW BY THE
 CIRCUIT COURT.

   01/14/99  Senate Introduced and read first time SJ-13
   01/14/99  Senate Referred to Committee on Judiciary SJ-13

TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION FOR AN ACTION BROUGHT UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACTION MAY BE FILED AS A CONTESTED CASE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION IF THE PARTIES AGREE, AND TO PROVIDE THAT JUDICIAL REVIEW OF THE FINAL ADMINISTRATIVE LAW JUDGE DECISION BE TAKEN BY APPEAL TO THE SUPREME COURT OR THE COURT OF APPEALS, AS APPLICABLE, IF THE PARTIES NOT IN DEFAULT AGREE TO DISPENSE WITH REVIEW BY THE CIRCUIT COURT.

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

SECTION 1. Section 15-78-100 of the 1976 Code, as amended by Act 352 of 1988, is further amended to read:

"Section 15-78-100. (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 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; however, if the parties agree, an action under this chapter may be brought as a contested case hearing before the Administrative Law Judge Division pursuant to Chapter 23 of Title 1. A party aggrieved by a final decision of the administrative law judge is entitled to judicial review pursuant to Section 1-23-610(B). However, if the parties not in default agree to dispense with review by the circuit court on the record at the hearing before the administrative law judge, review of the final decision of the administrative law judge shall be by appeal to the Supreme Court or court of appeals in the same manner in which an appeal is taken from a judgment of the court of common pleas under the South Carolina Appellate Court Rules.

(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. This act takes effect upon approval by the Governor and applies to all actions for damages filed under Chapter 78 of Title 15 of the 1976 Code on or after July 1, 1999.