Current Status Bill Number:1150 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960215 Primary Sponsor:Drummond All Sponsors:Drummond Drafted Document Number:gjk\2267sd.96 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Tort Claims Act
Body Date Action Description Com Leg Involved
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Senate 19960215 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND CHAPTER 78, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO REVISE THE PROVISIONS OF THIS ACT INCLUDING PROVISIONS RELATING TO THE IMMUNITY OF GOVERNMENTAL ENTITIES, A FURTHER DEFINITION OF THE AGENCIES TO WHICH THIS ACT APPLIES, THE MANNER IN WHICH AND TIME WITHIN WHICH CLAIMS MAY BE BROUGHT AND MAINTAINED, THE CIRCUMSTANCES WHICH GIVE RISE TO A LOSS, THE APPLICABLE INTEREST RATE ON JUDGMENTS AGAINST GOVERNMENTAL ENTITIES AND THE STIPULATION THAT A JUDGMENT AGAINST A GOVERNMENTAL ENTITY DOES NOT CONSTITUTE A LIEN UPON THE PROPERTY OF THE ENTITY; TO AMEND SECTION 23-13-10, RELATING TO THE APPOINTMENT OF DEPUTY SHERIFFS, SO AS TO DELETE LANGUAGE RELATING TO THE SHERIFF BEING ANSWERABLE FOR THE NEGLECT OF HIS DEPUTIES WHICH IS IN CONFLICT WITH THE ABOVE PROVISIONS, AND TO REPEAL SECTIONS 16-5-60 AND 16-5-70 RELATING TO CERTAIN LAW SUITS AGAINST COUNTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 78 of Title 15 of the 1976 Code is amended to read:
Section 15-78-10. This chapter may be cited as the `South Carolina Tort Claims Act'.
Section 15-78-20. (a) The General Assembly finds that while a private entrepreneur may be readily held liable for negligence of his employees within the chosen ambit of his activity, the area within which government has the power to act for the public good has been without limit and, therefore, government did not have the duty to do everything which might have been done. The General Assembly further finds that each governmental entity has financial limitations within which it must exercise authorized power and discretion in determining the extent and nature of its activities. Thus, while total immunity from liability on the part of the government is not desirable, see McCall v. Batson, neither should the government be subject to unlimited nor unqualified liability for its actions. The General Assembly recognizes the potential problems and hardships each governmental entity may face being subjected to unlimited and unqualified liability for its actions. Additionally, the General Assembly recognizes the impossibility of insuring for acts retrospectively. The General Assembly seeks an orderly transition to the recognition of individuals' rights against the tortious sovereign as defined herein. Consequently, it is declared to be the public policy of the State of South Carolina that agencies of the State, and its political subdivisions of the state, are only liable for torts within the limitations of this chapter and in accordance with the principles established herein. It is further declared to be the public policy of the State of South Carolina that to insure an orderly transition from sovereign immunity to qualified and limited liability that the General Assembly intends to provide for liability on the part of agencies of the State and its political subdivisions of the state only from July 1, 1986, forward in prospective fashion. No governmental entity which was not insured at the time of the injury for which compensation is sought is liable under this chapter and those which were insured are liable only to the extent provided herein. Liability for acts or omissions under this chapter is based upon the traditional tort concepts of duty and the reasonably prudent person's standard of care in the performance of that duty.
(b) The General Assembly in this chapter intends to grant reaffirms that the State, agencies of the state, its political subdivisions of the state, and employees, while acting within the scope of official duty, immunity are immune from liability and suit for any tort except as expressly waived by this chapter. The General Assembly additionally intends to provide for liability on the part of agencies of the State, its political subdivisions, and employees, while acting within the scope of official duty, only to the extent provided herein in this chapter. All other immunities applicable to a governmental entity, its employees, and agents are expressly preserved. Any issue involving immunity in this chapter is to be construed strictly in favor of retention of immunity. The remedy provided by this chapter is the exclusive civil remedy available for any tort committed by a governmental entity, its employees, or its agents except as provided in Section 15-78-70(b).
(c)(i) As to those causes of action that arise or accrue prior to before the effective date of this act, the General Assembly reinstates sovereign immunity on the part of the State, its political subdivisions and employees, while acting within the scope of official duty provided that sovereign immunity will not bar recovery in any cause of action arising or accruing on or before the effective date of this act if the defendant maintained liability insurance coverage.
(ii) In such cases involving governmental health care facilities, as defined in Section 15-78-30(j), recovery shall not exceed the limits of the liability insurance coverage up to a maximum recovery of five hundred thousand dollars.
(iii) In all other such cases recovery shall not exceed the limits of the liability insurance coverage.
(d) Nothing in this chapter affects liability based on contract nor does it affect the power of the State or its political subdivisions to contract the immunity of the government for claims other than tort claims The General Assembly reaffirms sovereign immunity in all contexts except as expressly waived in this chapter.
(e) Nothing in this chapter is construed as a waiver of the state's or political subdivision's immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States nor as consent to be sued in any state court beyond the boundaries of the State of South Carolina.
(f) The provisions of this chapter establishing limitations on and exemptions to the liability of the State, its political subdivisions, and employees, while acting within the scope of official duty the government's immunity from suit, must be liberally construed in favor of limiting the liability of the State government. Any provision modifying the government's immunity from suit shall be construed in favor of immunity.
(g) The General Assembly recognizes the competing interests of either providing physicians and dentists qualified immunity under the provisions of the South Carolina Tort Claims Act or continuing unqualified liability for medical malpractice actions brought against governmentally employed physicians or dentists. While patients deserve accountable and competent health care, regardless of the public or private character of the provider, governmental entities, in order to attract qualified physicians and dentists, must be able to offer an affordable compensation and employment package, including liability insurance. The General Assembly, in amending this chapter, intends to provide an orderly transition from noninclusion to inclusion of physicians and dentists under the provisions of this chapter. Additionally, the liability limits, and hence mandated insurance coverage, of governmental entities for acts of physicians or dentists, acting within the scope of their profession, are set somewhat higher than those provided for other types of governmental liability. These higher limits and mandated coverages are recognition by the General Assembly of significantly higher damages in cases of medical malpractice. To this end, inclusion of physicians and dentists within this chapter has been delayed until January 1, 1989, when an affordable program of group liability insurance will be instituted.
Section 15-78-30. (a) `Agency' means the individual any of the following entities which employs the employee whose act or omission gives rise to a claim under this chapter: a state governmental office, agency, authority, department, commission, board, division, or instrumentality, or institution, including a state-supported governmental health care facility, or school, college, university, or technical college, which employs the employee whose act or omission gives rise to a claim under this chapter and the South Carolina Protection and Advocacy System for the Handicapped, Inc.
(b) `Claim' means any a verified, written demand against the State of South Carolina an agency or a political subdivision for money only, on account of loss, caused by the tort of any employee of the State agency or a political subdivision, while acting within the scope of his the employee's official duty.
(c) Prior to Before January 1, 1989, `Employee' means any officer, employee, or agent of the State an agency or of a its political subdivisions subdivision, 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 a governmental entity does not in and of itself create an employer and employee relationship between the State governmental entity 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 an agency or its of a political subdivisions subdivision, 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 a governmental entity does not in and of itself create an employer and employee relationship between the State governmental entity 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.
(d) `Governmental entity' means the State and its political subdivisions an agency or a political subdivision as the terms are defined in this chapter.
(e) `State' means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, including the South Carolina Protection and Advocacy System for the Handicapped, Inc., and institutions, including state-supported governmental health care facilities, schools, colleges, universities, and technical colleges.
(f) `Loss' means bodily injury, disease, death, or pain and suffering, damage to tangible property, including and lost wages and economic loss only to the person who suffered the bodily injury, disease, or death, pain and suffering, mental anguish, and any other element of actual damages recoverable in actions for negligence, but does not include the intentional infliction of emotional harm.
(g) `Occurrence' means an unfolding sequence of events which proximately flow from a single or continuous act of negligence.
(h) `Political subdivision' means the counties, municipalities, school districts, a regional transportation authority established pursuant to Chapter 25 of Title 58, and an operator as defined in item (8) of Section 58-25-20 which provides public transportation on behalf of a regional transportation authority, and special purpose districts of established by the State, and any agency, governmental health care facility, department, or subdivision thereof of a political subdivision.
(i) `Scope of official duty' or `scope of state employment' means (1) acting in and about the official business of a governmental entity and (2) performing official duties.
(j) `Governmental health care facility' means one which is operated by the State or a political subdivision through a governing board appointed or elected pursuant to statute or ordinance and which is tax-exempt under state and federal laws as a governmental entity and from which no part of its net income from its operation accrues to the benefit of any individual or nongovernmental entity. Health care facility includes any facility as defined in Title 44, S. C. Code Ann. for the provision of mental or physical care to individuals, whether or not it is required to be licensed under those provisions.
Section 15-78-40. The State, an An agency of the state, a political subdivision, and a governmental entity are liable for their torts in the same manner and to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages, and exemptions from liability and damages, contained herein only as expressly provided in this chapter.
Section 15-78-50. (a) Any person who may suffer a loss proximately caused by a tort of the State, an agency, a political subdivision, or a governmental entity, and its employee acting within the scope of his official duty may file a claim as hereinafter provided.
(b) In no case is a governmental entity liable for a tort of an employee where that employee, if a private person, would not be liable under the laws of this State.
(c) Nothing herein shall affect the power of a court of equity at the suit of a party complainant to enjoin unlawful acts committed by governmental entities or mandate lawful action by governmental entities.
Section 15-78-60. (a) The immunity of the government is absolute and may not be waived except as provided by this chapter. The burden of establishing waiver of immunity shall be upon the party seeking to establish the waiver.
(b) The A governmental entity is not liable for a loss resulting from any one or more of the following:
(1) legislative, judicial, or quasi-judicial action or inaction;
(2) administrative action or inaction of a legislative, judicial, or quasi-judicial nature;
(3) execution, enforcement, or implementation of the orders of any court or administrative tribunal, and execution, enforcement, or lawful implementation of any process;
(4) adoption, enforcement, or compliance with any law or failure to adopt or enforce any law, whether valid or invalid, including, but not limited to, any charter, provision, ordinance, resolution, rule, regulation, or written policies;
(5) the exercise of discretion or judgment by the governmental entity or employee or the performance or failure to perform any act or service which is in the discretion or judgment of the governmental entity or employee any decision that involves a degree of judgment or discretion, regardless whether the judgment or discretion was properly exercised, or the performance or failure to perform any act or service which is in the discretion or judgment of the governmental entity or employee, regardless whether the judgment or discretion was properly exercised;
(6) civil disobedience, riot, insurrection, or rebellion or the failure to provide the method of providing police or fire protection;
(7) a nuisance;
(8) snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather conditions unless the snow or ice thereon is affirmatively caused by a negligent act of the employee;
(9) entry upon any property where the entry is expressly or impliedly authorized by law;
(10) natural conditions of unimproved any condition of property of the governmental entity, whether improved or unimproved, unless the defect or condition causing a loss is not corrected remedied by the particular governmental entity responsible for the property within a reasonable time after the governmental entity receives actual or constructive notice that the condition exposes the public to an unreasonable, known and particular danger. Where the governmental entity has provided warnings or notice to the public of the defect or condition, no further remedial action is required;
(11) assessment or collection of taxes or special assessments or enforcement of tax laws, whether proper or improper;
(12) licensing powers or functions including, but not limited to, the issuance, denial, suspension, renewal, or revocation of or failure or refusal to issue, deny, suspend, renew, or revoke any permit, license, certificate, approval, registration, order, or similar authority
except when the power or function is exercised in a grossly negligent manner;
(13) regulatory inspection powers or functions, including failure to make an inspection, or making an inadequate or negligent inspection, of any property to determine whether the property complies with or violates any law, regulation, code, or ordinance or contains a hazard to health or safety;
(14) any claim covered by the South Carolina Workers' Compensation Act, the South Carolina Unemployment Compensation Act, or the South Carolina State Employee's Grievance Act, except claims by or on behalf of an injured employee to recover damages from any person other than the employer, the South Carolina Unemployment Compensation Act, or the South Carolina State Employee's Grievance Act a governmental entity as defined in this chapter;
(15) absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier unless the absence, condition, or malfunction is not corrected remedied by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the removal or destruction of signs, signals, warning devices, guardrails, or median barriers by third parties except on failure of the political subdivision to correct them within a reasonable time after actual or constructive notice. Nothing in this item gives rise to liability arising from a failure of any governmental entity to initially place any of the above signs, signals, warning devices, guardrails, or median barriers when the failure is the result of a discretionary act of the governmental entity. The signs, signals, warning devices, guardrails, or median barriers referred to in this item are those used in connection with hazards normally connected with the use of public ways and do not apply to the duty to warn of special conditions such as excavations, dredging, or public way construction. Governmental entities are not liable for the design of highways and other public ways. Governmental entities are not liable for any defect on a highway or public roadway unless that defect occurs on the portion of the highway or public road which is designed for and regularly used for travel. Governmental entities are not liable for loss on public ways under construction when the entity is protected by an indemnity bond. Governmental entities responsible for maintaining highways, roads, streets, causeways, bridges, or other public ways are not liable for loss arising out of a defect or a condition in, on, under, or overhanging a highway, road, street, causeway, bridge, or other public way caused by a third party unless the defect or condition is not corrected remedied by the particular governmental entity responsible for the maintenance within a reasonable time after actual or constructive notice;
(16) maintenance, possession, security, or supervision of any public property, intended or permitted to be used as a park, playground, or open area for recreational purposes, unless both
(i) the defect or condition causing a loss is not corrected by the particular governmental entity responsible for maintenance, security, or supervision within a reasonable time after actual notice of the defect or condition, and
(ii) the particular governmental entity responsible for maintenance, security, or supervision failed to make reasonable effort to provide warnings or notice to the public;
(17) employee conduct outside the scope of his official duties or which constitutes actual fraud, actual malice, intent to harm, or a crime involving moral turpitude;
(18) imposition or establishment of a quarantine by a governmental entity, whether the quarantine relates to persons or property;
(19) emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular accidents nonemergency use of vehicles;
(20) an act or omission of a person other than an employee including but not limited to the criminal actions of third persons any loss that is proximately caused by an act or omission of a person other than an employee;
(21) the decision to or implementation of release, discharge, parole, or furlough of any persons in the custody of any governmental entity including, but not limited to, a prisoner, inmate, juvenile, patient, or client or the escape of these persons;
(22) termination or reduction of benefits under a public assistance program;
(23) institution or prosecution of any judicial or administrative proceeding;
(24) holding or conduct of elections;
(25) responsibility or duty including, but not limited to, supervision, protection, control, confinement, or custody of any student, patient, prisoner, inmate, or client of any governmental entity, except when the responsibility or duty is exercised in a grossly negligent manner;
(26) failure to supervise or control areas open for public hunting or activities thereon. Failure to control, maintain, and/or supervise the use of and activities in, on, and around public boat ramps except within a reasonable time after actual notice of the defect or condition. Failure to maintain navigational markers, except within a reasonable time after actual notice of the defect or condition.;
(27) solicitations on streets and highways as authorized by the provisions of Section 5-27-910.;
(28) notification of any public school student's parent, legal guardian, or other person with whom a public school student resides of the student's suspected use of alcohol, controlled substance, prescription or nonprescription drugs by any public school administrator, principal, counselor, or teacher if such notification is made in good faith.;
(29) acts or omissions of members of the state and county athletic commissions or ringside physicians acting within the scope of their official duties pursuant to Chapter 7 of Title 52.;
(30) acts or omissions of members of local foster care review boards acting within the scope of their official duties pursuant to Subarticle 4, Article 13, Chapter 7 of Title 20. However, the member shall act in good faith, his conduct may not constitute gross negligence, recklessness, wilfulness, or wantonness, and he must have participated in a training program established by the state foster care review board system.;
(31) acts or omissions of employees and volunteers of the South Carolina Protection and Advocacy System for the Handicapped acting within the scope of their official duties pursuant to Article 5, Chapter 33 of Title 43, when such acts or omissions are done or made in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness.;
(32) defects existing on any property unless that property is actually owned, occupied, and maintained by the respective governmental entity.
Section 15-78-70. (a) This chapter constitutes the exclusive remedy for any tort committed by an employee of a governmental entity. An employee of a governmental entity who commits a tort while acting within the scope of his official duty is not liable therefor except as expressly provided for in subsection (b).
(b) Nothing in this chapter may be construed to give an employee of a governmental entity immunity from suit and liability if it is proved that the employee's conduct was not within the scope of his official duties or that it constituted actual fraud, actual malice, intent to harm, or a crime involving moral turpitude.
(c) Prior to Before January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. In no event is an action against the State of South Carolina authorized. The provisions of this section may 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, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall 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.
(d) A settlement or judgment in an action or a settlement of a claim under this chapter constitutes a complete bar to any further action by the claimant against an employee or governmental entity by reason of the same occurrence.
Section 15-78-80. (a) A verified 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 must be filed:
(1) in cases against the State an agency, 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 state agency is in doubt, with the Attorney General.
(b) Each agency and political subdivision must designate an employee or office to accept the filing of the claims.
(c) Filing may be accomplished by receipt of certified mailing of the claims or by compliance with the provisions of law relating to service of process.
(d) The verified claim may be received by the Budget and Control Board or the appropriate agency or political subdivision. If filed, the
The verified claim must be received within one year after the loss was or should have been discovered. Except as provided for in Section 15-3-40, if a claim is not filed within the time specified any action for damages will be barred.
(e) In all cases in which a claim is filed, the The Budget and Control Board or political subdivision has one hundred eighty days from the date of filing of the claim in which to determine whether the claim should be allowed or disallowed. Failure to notify the claimant of action upon the claim within one hundred eighty days from the date of filing of the claim is considered a disallowance of the claim.
(f) The handling and disposition of claims filed under this chapter are not subject to the provisions of Article 3, Chapter 23 of Title 1.
(g) In all cases, where insurance is provided by the Budget and Control Board, the agency or political subdivision involved must cooperate with the Budget and Control Board in the investigation and handling of any claim.
Section 15-78-90. (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) Whether or not the When a claim is filed pursuant to this chapter and rejected, the claimant is entitled to institute an action against the appropriate agency or political subdivision. Provided, however, if a claimant files a claim, he the claimant may not institute an action for damages under this chapter until after the occurrence of the earliest of one of the following three two events:
(1) the passage of one hundred eighty days from the filing of the claim with the governmental entity, or
(2) the governmental entity's disallowance of the claim, or
(3) the governmental entity's rejection of a settlement offer.
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 timely filed as provided in this chapter and was disallowed or rejected pursuant to Section 15-78-90(b), an action for damages filed under this chapter, based upon the same occurrence as the claim, may must be filed 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. The action must be tried by a judge without a jury. Except as provided in this chapter, the court has no jurisdiction to adjudicate tort actions against a governmental entity.
(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, when two or more persons are alleged to be jointly or severally liable for the same injury and regardless of whether the persons are named in the action, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined governmental entity.
Section 15-78-110. Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two three years after the date the loss was or should have been discovered; provided, that if in order to commence an action in court, the claimant first must have timely filed a claim pursuant to this chapter. If no claim is timely filed pursuant to this chapter, any then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.
Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits:
(1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(5) The provisions of Section 15-78-120(a)(3) and (a)(4) 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.
(b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to before judgment. Any judgment against a governmental entity entered pursuant to this chapter shall accrue interest at the same rate of the one year United States treasury bill on the day that the judgment was entered by the court. In no event shall a judgment against a governmental entity constitute a lien upon the property of the governmental entity.
(c) In any claim, action, or 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. 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.
Section 15-78-130. The defense for a political subdivision against an action brought pursuant to this chapter, when the political subdivision does not purchase insurance through the Budget and Control Board, must be provided by the political subdivision or its designee.
Section 15-78-140. (a) It is the duty of the Budget and Control Board to cover risks for which immunity has been waived under the provisions of this chapter by the purchase of insurance as authorized in Section 15-78-150.
(b) The political subdivisions of this State, in regard to tort and automobile liability, property and casualty insurance shall procure insurance to cover these risks for which immunity has been waived by:
(1) the purchase of liability insurance pursuant to Section 1-11-140; or
(2) the purchase of liability insurance from a private carrier; or
(3) self-insurance; or
(4) establishing pooled self-insurance liability funds, by intergovernmental agreement, which may not be construed as transacting the business of insurance or otherwise subject to state laws regulating insurance. A pooled self-insurance liability pool is authorized to purchase specific and aggregate excess insurance. A pooled self-insurance liability fund must provide liability coverage for all employees of a political subdivision applying for participation in the fund. If the insurance is obtained other than pursuant to Section 1-11-140, it must be obtained subject to the following conditions:
(1)(i) If the political subdivision does not procure tort liability insurance pursuant to Section 1-11-140, it must also procure its automobile liability and property and casualty insurance from other sources and shall not procure these coverages through the Budget and Control Board;
(2)(ii) If a political subdivision procures its tort liability insurance, automobile liability insurance, or property and casualty insurance through the Budget and Control Board, all liability exposures of the political subdivision as well as its property and casualty insurance must be insured with the Budget and Control Board;
(3)(iii) If the political subdivision, at any time, procures its tort liability, automobile liability, property, or casualty insurance other than through the Budget and Control Board and then subsequently desires to obtain this coverage with the Budget and Control Board, notice of its intention to so obtain this subsequent coverage must be provided the Budget and Control Board at least ninety days prior to before the beginning of the coverage with the State Budget and Control Board. The other lines of insurance that the political subdivision is required to procure from the board are not required to commence until the coverage for that line of insurance expires. Any political subdivision may cancel all lines of insurance with the State Budget and Control Board if it gives ninety days' notice to the board. The Budget and Control Board may negotiate the insurance coverage for any political subdivision separate from the insurance coverage for other insureds.
(4)(iv) If any political subdivision cancels its insurance with the Budget and Control Board, it is entitled to an appropriate refund of the premium, less reasonable administrative cost.
(c) For any claim filed under this chapter, the remedy provided in Section 15-78-120 is exclusive. The immunity of the State and its political subdivisions, with regard to the seizure, execution, or encumbrance of their properties is reaffirmed.
Section 15-78-150. (a) The Budget and Control Board is authorized to purchase liability insurance.
(b) The purchase of insurance must be funded by participating governmental entities by payment of premiums as required by the Budget and Control Board. The Budget and Control Board in setting these premiums shall rate the policy according to the risk involved with the general class of insured entity. The Budget and Control Board must develop an actuarial rating system plan based upon the classification of employee and the risk involved by class of employee which must be implemented by July 1, 1990.
Section 15-78-160. If any agency or political subdivision fails to pay any required premium and the failure results in loss of coverage, then the Budget and Control Board is not liable for any uncovered or unfunded risk.
Section 15-78-170. An action or claim for the death of a person may be brought under this chapter by the executor or administrator respectively, of the person's estate when death results from bodily injury if the bodily injury would have entitled the injured party to maintain an action or claim if death had not ensued. The provisions and limitations of this chapter are applicable to any such action or claim. Every action or claim must be for the benefit of the wife or husband and child, or children of the person whose death has been so caused and if there is no wife, husband, child, or children, then for the benefit of the parent or parents, and if there is none, then for the benefit of the heirs-at-law or the distributees of the person whose death has been so caused. Any amount recovered must be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his estate.
Section 15-78-180. The provisions of Chapter 78 of Title 15 of the 1976 Code shall only apply to those causes of action arising or accruing after the effective date of this chapter; provided, however, the provisions of Section 15-78-20(c) of the 1976 Code are applicable to all causes of action arising on or before the effective date of the chapter.
Section 15-78-190. If the amount of the verdict or judgment is not satisfied by reason of the monetary limitations of this chapter upon recovery from the State agency or political subdivision thereof of the State, the plaintiff's insurance company, subject to the underinsured and uninsured defendant provisions of the plaintiff's insurance policy, if any, shall compensate the plaintiff for the difference between the amount of the verdict or judgment and the payment by the political subdivision. If a cause of action is barred under Section 15-78-60 of the 1976 Code, the plaintiff's insurance company must compensate him for his losses subject to the aforementioned provisions of his insurance policy."
SECTION 2. (A) Section 23-13-10 of the 1976 Code is amended to read:
"Section 23-13-10. The sheriff may appoint one or more deputies to be approved by the judge of the circuit court or any circuit judge presiding therein. Such appointment shall be evidenced by a certificate thereof, signed by the sheriff, and shall continue during his pleasure. The sheriff shall in all cases be answerable for neglect of duty or misconduct in office of any deputy."
SECTION 3. Sections 16-5-60 and 16-5-70 of the 1976 Code are repealed.
SECTION 4. Any other acts, provisions of law, or parts thereof other than those referenced in this section which provide for tort actions against governmental entities are repealed.
SECTION 5. This act takes effect upon approval by the Governor and applies to any claim or action filed after the effective date of this Act. All actions pending on the effective date of this Act shall be governed by the South Carolina Tort Claims Act as it existed immediately prior to the effective date of this Act.