Current Status Introducing Body:House Bill Number:4183 Primary Sponsor:Waldrop Committee Number:11 Type of Legislation:GB Subject:Tort claims, incarceration Residing Body:Senate Current Committee:Judiciary Computer Document Number:CYY/18717.SD Introduced Date:Jan 16, 1992 Date of Last Amendment:Mar 31, 1992 Last History Body:Senate Last History Date:Apr 02, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waldrop Chamblee Cooper Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4183 Senate Apr 02, 1992 Introduced, read first time, 11
referred to Committee
4183 House Apr 01, 1992 Read third time, sent to
Senate
4183 House Mar 31, 1992 Amended, read second time
4183 House Mar 18, 1992 Committee Report: Favorable 25
with amendment
4183 House Jan 16, 1992 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 31, 1992
H. 4183
Introduced by REPS. Waldrop, Chamblee and Cooper
S. Printed 3/31/92--H.
Read the first time January 16, 1992.
TO AMEND SECTION 15-78-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF CLAIMS AND ACTIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE FOR THE MANNER IN WHICH PAYMENT OF A CLAIM TO AN INCARCERATED CLAIMANT MUST BE MADE, AND TO PROVIDE FOR CERTAIN NOTICES TO THE SOLICITOR OF THE COUNTY WHERE THE CRIME INVOLVING THE CLAIMANT WAS COMMITTED AND TO ANY ASCERTAINABLE VICTIMS SO THAT ANY FINES OR RESTITUTION MAY BE COLLECTED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-90 of the 1976 Code is amended to read:
"Section 15-78-90. (a)(A) The Budget and Control Board, or the political subdivision where it has not purchased insurance from the Budget and Control Board, may adjust, compromise, settle, or allow any claim or settle or compromise any action. (b)(B) Whether or not the claim is filed, the claimant is entitled to institute an action against the appropriate agency or political subdivision. Provided, however, if a claimant files a claim, he may not institute an action until after the occurrence of the earliest of one of the following three events:
(1) the passage of one hundred eighty days from the filing of the claim with the governmental entity,;
(2) the governmental entity's disallowance of the claim,; or
(3) the governmental entity's rejection of a settlement offer.
(C) Where a settlement or judgment is awarded to a claimant then incarcerated in a state, county, or municipal prison or detention facility, no payment may be made to the claimant until the claimant's release for any claim that arose during the claimant's incarceration.
(D) In the case of a settlement or judgment awarded to a claimant incarcerated in a state, county, or municipal prison or detention facility or to a claimant who was so incarcerated when the claim arose, the Budget and Control Board through the Insurance Reserve Fund must notify the solicitor of the county where the crime involving the claimant was committed so that any fines or restitution may be collected from the settlement or judgment. In those cases where there is a readily ascertainable victim of the claimant's crime, the Insurance Reserve Fund also must attempt to contact that victim and inform him that the claimant has received a settlement or judgment. However, failure to notify a victim shall not result in any liability for the State, the Budget and Control Board, the Insurance Reserve Fund, the Department of Corrections, or any other state or public agency.
(E) The provisions of this section in no way limits payment of attorney's fees or costs to an attorney retained by a claimant incarcerated in a state, county, or municipal prison or detention facility, or payment of the claimant's actual medical expenses, if the claim results in a settlement or judgment favorable to the incarcerated prisoner prior to his release."
SECTION 2. This act takes effect upon approval by the Governor.