H 4435(Rat #0302)  General Bill, By Robinson, Altman and Whipper
 A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF
 SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS, SO AS
 TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.

   12/19/01  House  Prefiled
   12/19/01  House  Referred to Committee on Judiciary
   01/08/02  House  Introduced and read first time HJ-43
   01/08/02  House  Referred to Committee on Judiciary HJ-43
   04/17/02  House  Committee report: Favorable Judiciary HJ-4
   04/18/02  House  Read second time HJ-21
   04/23/02  House  Read third time and sent to Senate HJ-15
   04/24/02  Senate Introduced, read first time, placed on calendar
                     without reference SJ-9
   04/25/02  Senate Read second time SJ-16
   04/25/02  Senate Ordered to third reading with notice of
                     amendments SJ-16
   04/30/02  Senate Read third time and enrolled SJ-17
   05/08/02         Ratified R 302
   05/14/02         Vetoed by Governor
   05/16/02  House  Veto sustained Yeas-79  Nays-8 HJ-26

(R302, H4435)

AN ACT TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.

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

Delete requirement that claim be verified

SECTION 1. Section 15-78-80(a) of the 1976 Code is amended to read:

"(a) A claim for damages under this chapter, setting forth the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, and the amount of the loss sustained may be filed:

(1) in cases against the State, with the State Budget and Control Board, or with the agency employing an employee whose alleged act or omission gave rise to the claim;

(2) where the claim is against a political subdivision, with the political subdivision employing an employee whose alleged act or omission gave rise to the claim;

(3) where the identification of the proper defendant is in doubt, with the Attorney General."

Delete requirement that claim be verified

SECTION 2. Section 15-78-80(d) of the 1976 Code is amended to read:

"(d) The claim may be received by the Budget and Control Board or the appropriate agency or political subdivision. If filed, the claim must be received within one year after the loss was or should have been discovered."

Delete requirement that claim be verified

SECTION 3. Section 15-78-120(c) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"(c) In an action or a proceeding to enforce a provision of this chapter, the signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. No claim filed under the provisions of this chapter is required to be verified. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee."

Time effective

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

Ratified the 8th day of May, 2002.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2002.

___________________________________________

Governor