Current Status Bill Number:
3740Ratification Number: 473Act Number: 386Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950302Primary Sponsor: DavenportAll Sponsors: DavenportDrafted Document Number: DKA\3759AC.95Date Bill Passed both Bodies: 19960528Date of Last Amendment: 19960516Governor's Action: SDate of Governor's Action: 19960604Subject: Migrant Farm Workers Commission
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960613 Act No. A386 ------ 19960604 Signed by Governor ------ 19960530 Ratified R473 House 19960528 Concurred in Senate amendment, enrolled for ratification Senate 19960522 Read third time, returned to House with amendment Senate 19960516 Amended, read second time, ordered to third reading with notice of general amendments Senate 19960404 Placed on the Second Reading Calendar pursuant to the provisions of Rule 27D Senate 19960404 Committee report: Favorable with 01 SANR amendment Senate 19960125 Recommitted to Committee 01 SANR Senate 19960124 Read second time, ordered to third reading with notice of general amendments Senate 19950406 Committee report: Favorable 01 SANR Senate 19950330 Introduced, read first time, 01 SANR referred to Committee House 19950329 Read third time, sent to Senate House 19950328 Amended, read second time House 19950322 Committee report: Favorable with 20 HANR amendment House 19950302 Introduced, read first time, 20 HANR referred to CommitteeView additional legislative information at the LPITS web site.
(A386, R473, H3740)
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."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.