H*3740(Rat #0473, Act #0386 of 1996)  General Bill, By Davenport
 A Bill to amend Section 46-43-10, Code of Laws of South Carolina, 1976,
 relating to the creation of the Migrant Farm Workers Commission, so as to
 revise the name and to add a member; and to amend Section 46-43-40, relating
 to the cooperation of state agencies and departments with the Commission, so
 as to revise reporting requirements and to require the South Carolina
 Employment Security Commission to provide a pre-occupancy housing inspection
 program and to provide conditions and immunity; and to amend Section 15-78-60,
 as amended, relating to exceptions to waiver of immunity under the Tort Claims
 Act, so as to include the pre-occupancy housing inspection program.-amended
 title

   03/02/95  House  Introduced and read first time HJ-12
   03/02/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-12
   03/22/95  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   03/28/95  House  Amended HJ-34
   03/28/95  House  Read second time HJ-34
   03/29/95  House  Read third time and sent to Senate HJ-20
   03/30/95  Senate Introduced and read first time SJ-17
   03/30/95  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-17
   04/06/95  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-16
   01/24/96  Senate Read second time SJ-16
   01/24/96  Senate Ordered to third reading with notice of
                     amendments SJ-16
   01/25/96  Senate Recommitted to Committee on Agriculture and
                     Natural Resources SJ-25
   04/04/96  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-20
   05/16/96  Senate Amended SJ-38
   05/16/96  Senate Read second time SJ-38
   05/16/96  Senate Ordered to third reading with notice of
                     amendments SJ-38
   05/22/96  Senate Read third time and returned to House with
                     amendments SJ-16
   05/28/96  House  Concurred in Senate amendment and enrolled HJ-110
   05/30/96         Ratified R 473
   06/04/96         Signed By Governor
   06/04/96         Effective date 06/04/96
   06/14/96         Copies available
   06/14/96         Act No. 386

AN ACT TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO PROVIDE A PRE-OCCUPANCY HOUSING INSPECTION PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY HOUSING INSPECTION PROGRAM.

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

Commission created; membership expanded

SECTION 1. Section 46-43-10 of the 1976 Code is amended to read:

"Section 46-43-10. There is created the Migrant and Seasonal Farm Workers Commission appointed by the Governor and comprised of six farmers whose principle source of income is derived from farming, five of whom contract for migrant or seasonal farm workers, or both, two of whom represent the peach growers in this State, one of whom represents the apple growers, two of whom represent vegetable growers and producers of other row crops in this State which are planted, cultivated, or harvested, partially or completely, by migrant or seasonal farm workers, and one general farmer who may or may not contract for migrant or seasonal farm workers; four members who represent state agencies with statewide jurisdiction which are involved with migrant or seasonal farm workers; five members who represent organizations in South Carolina which are presently involved with migrant or seasonal farm workers in this State; and one person to represent the interests of migrant farm workers or seasonal farm workers, or both. However, an organization created subsequent to May 25, 1976, may become eligible to have representatives appointed to this commission upon approval of the Migrant Farm Workers Commission as then constituted. Terms of office are for four years and until a successor is appointed and qualifies."

Reporting requirements revised; pre-occupancy housing inspection program created

SECTION 2. Section 46-43-40 of the 1976 Code is amended to read:

"Section 46-43-40. (A) An administrative or service agency, public or private, which receives state or federal funds to provide services to migrant or seasonal farm workers shall file an annual written report with the commission describing the amount of state and federal funds received, inspection activities, the services offered, the number of migrant and seasonal workers and their family members served, and all other pertinent information requested by the commission.

(B) If adequate state funds are available, the South Carolina Employment Security Commission shall contract to provide a pre-occupancy housing inspection program and shall report the results of any inspections to the Migrant and Seasonal Farm Workers Commission before October first of each year. However, the Migrant and Seasonal Farm Workers Commission and the South Carolina Employment Security Commission are immune from liability, pursuant to Section 15-78-60, for any action that may be brought in connection with the inspection program."

Exception to Tort Claims Act; waiver of immunity

SECTION 3. Section 15-78-60 of the 1976 Code, as last amended by Act 351 of 1990, is further amended by adding an appropriately numbered item to read:

"( ) a pre-occupancy housing inspection contracted for by the South Carolina Employment Security Commission pursuant to Section 46-43-40."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1996.