South Carolina General Assembly
111th Session, 1995-1996

Bill 3943


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3943
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950406
Primary Sponsor:                   Keyserling, 
All Sponsors:                      Keyserling, Thomas, Richardson,
                                   T. Brown, Lloyd, Hodges, Haskins and
                                   Simrill 
Drafted Document Number:           pfm\7351bdw.95
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Tort claims, definitions
                                   revised



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19950406  Introduced, read first time,             25 HJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND FURTHER DEFINE "AGENCY", "POLITICAL SUBDIVISION", AND "GOVERNMENTAL ENTITY".

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

SECTION 1. Section 15-78-30 of the 1976 Code, as last amended by Act 380 of 1994, is further amended by adding an appropriately lettered subsection to read:

"( ) `Agency', `political subdivision', and `governmental entity', in addition to the definitions in this section, include nonprofit corporations, chartered or authorized to do business in South Carolina by the Secretary of State, providing rehabilitative services to minors by contract with a state agency, political subdivision, or governmental entity."

SECTION 2. The second paragraph of Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:

"On or After January 1, 1989 December 31, 1988, `employee' means any an officer, employee, or agent of the State or its political subdivisions, 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. It does not include an independent contractor doing business with the State or any its political subdivision thereof subdivisions, except a nonprofit corporation, chartered or authorized to do business in South Carolina by the Secretary of State, providing rehabilitative services to minors by contract with a state agency, political subdivision, or governmental entity. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of This section shall in no way does not limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any an action or a claim brought hereunder under this section 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 a 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."

SECTION 3. This act takes effect upon approval by the Governor.

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