S*0068(Rat #0296, Act #0271 of 1996)  General Bill, By McConnell, O'Dell and 
M.T. Rose

Similar(H 4266)
 A Bill to amend Section 15-78-30, as amended, Code of Laws of South Carolina,
 1976, relating to definitions in the Tort Claims Act, so as to include
 technical experts in the definition of "employee".-amended title

   10/03/94  Senate Prefiled
   10/03/94  Senate Referred to Committee on Medical Affairs
   01/10/95  Senate Introduced and read first time SJ-30
   01/10/95  Senate Referred to Committee on Medical Affairs SJ-30
   03/14/96  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-5
   03/19/96  Senate Amended SJ-12
   03/19/96  Senate Read second time SJ-13
   03/19/96  Senate Ordered to third reading with notice of
                     amendments SJ-13
   03/21/96  Senate Read third time and sent to House SJ-22
   03/26/96  House  Introduced and read first time HJ-80
   03/26/96  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-80
   04/10/96  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-5
   04/17/96  House  Read second time HJ-22
   04/18/96  House  Read third time and enrolled HJ-20
   04/30/96         Ratified R 296
   05/06/96         Signed By Governor
   05/06/96         Effective date 05/06/96
   05/16/96         Copies available
   05/16/96         Act No. 271

AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE TECHNICAL EXPERTS IN THE DEFINITION OF "EMPLOYEE".

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

Term "employee" includes technical experts

SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:

"(c) Prior to January 1, 1989, `employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.

On or after January 1, 1989, `employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty including, but not limited to, technical experts whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.