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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 20, 2002
S. 903
S. Printed 2/20/02--S.
Read the first time January 22, 2002.
To whom was referred a Bill (S. 903) to amend Section 15-78-30, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in connection with the South Carolina Tort Claims Act, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 28, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 15-78-60(19) of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"(19) emergency preparedness activities, activities relating to prevention of terrorism or a terrorist attack, activities in response to a terrorist threat or attack, 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;"
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
WILLIAM MESCHER for Committee.
EXPLANATION OF IMPACT:
Policies issued by the Office of Insurance Services of the State Budget and Control provide for the coverage of volunteers and any terrorism activities, therefore, there will be no additional cost on the General Fund of the State nor on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
See above.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEERS WITHIN THE DEFINITION OF "EMPLOYEE"; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT ACTIVITIES RELATING TO PREVENTION OF TERRORISM OR TERRORIST ATTACK AND ACTIVITIES IN RESPONSE TO A TERRORIST THREAT OR TERRORIST ATTACK ARE EXEMPTED UNDER THE TORT CLAIMS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 271 of 1996, is further amended to read:
"(c) Prior to January 1, 1989, 'employee' means any 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 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 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 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 or its political subdivisions, including elected or appointed officials, law enforcement officers, volunteers, and persons acting on behalf or in service of a governmental entity in the scope of official duty including, but not limited to, technical experts 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 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 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."
SECTION 2. Section 15-78-60(19) of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"(19) emergency preparedness activities, activities relating to prevention of terrorism or a terrorist attack, activities in response to a terrorist threat or attack, 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;"
SECTION 3. This act takes effect upon approval by the Governor.
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