South Carolina General Assembly
114th Session, 2001-2002

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Bill 4435


                    Current Status

Bill Number:                      4435
Ratification Number:              302
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020108
Primary Sponsor:                  Robinson
All Sponsors:                     Robinson, Altman, Whipper
Drafted Document Number:          l:\council\bills\dka\4614dw02.doc
Date Bill Passed both Bodies:     20020430
Governor's Action:                V
Date of Governor's Action:        20020514
Action on Governor's Veto:        S
Subject:                          Tort Claims Act, requirement deleted that 
                                  claim be verified


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020516  Veto sustained
------  20020514  Vetoed by Governor
------  20020508  Ratified R302
Senate  20020430  Read third time, enrolled for
                  ratification
Senate  20020425  Read second time, notice of
                  general amendments
Senate  20020424  Introduced, read first time,
                  placed on Calendar without reference
House   20020423  Read third time, sent to Senate
House   20020418  Read second time
House   20020417  Committee report: Favorable            25 HJ
House   20020108  Introduced, read first time,           25 HJ
                  referred to Committee
House   20011219  Prefiled, referred to Committee        25 HJ


              Versions of This Bill
Revised on April 17, 2002 - Word format
Revised on April 24, 2002 - Word format

View additional legislative information at the LPITS web site.


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

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT THE FINAL VERSION.

(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

----XX----


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