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H. 4126
STATUS INFORMATION
General Bill
Sponsors: Reps. Whipper, Weeks, J.H. Neal, Breeland, R. Brown, Cobb-Hunter, J. Hines, M. Hines, Lloyd and Rivers
Document Path: l:\council\bills\bbm\9383zw03.doc
Introduced in the House on April 30, 2003
Currently residing in the House Committee on Judiciary
Summary: Tort Claims Act revisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/30/2003 House Introduced and read first time HJ-100 4/30/2003 House Referred to Committee on Judiciary HJ-101
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VERSIONS OF THIS BILL
TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT AND WHEN AND WHERE TO COMMENCE AN ACTION, SO AS TO PROVIDE THAT CERTAIN CAUSES OF ACTION MUST BE FILED IN MAGISTRATE'S COURT; TO AMEND SECTION 15-78-120, AS AMENDED, RELATING TO LIMITATIONS ON LIABILITY, THE PROHIBITION AGAINST THE RECOVERY OF PUNITIVE OR EXEMPLARY DAMAGES OR PREJUDGMENT INTEREST, AND AN ATTORNEY'S SIGNATURE ON PLEADINGS, MOTIONS, OR OTHER PAPERS, SO AS TO PROVIDE THAT A STATE AGENCY OR POLITICAL SUBDIVISION MAY BE REPRESENTED BY A REPRESENTATIVE OF ITS INSURANCE CARRIER, DEPARTMENT MANAGER, STAFF PERSON, OR ANOTHER OFFICIAL IN CERTAIN ACTIONS; AND TO AMEND SECTION 22-3-20, RELATING TO CIVIL ACTIONS IN WHICH A MAGISTRATE DOES NOT HAVE JURISDICTION TO PROVIDE AN EXCEPTION THAT A MAGISTRATE HAS JURISDICTION IN AN ACTION WHERE THE STATE IS A PARTY AND THE CLAIM FOR DAMAGES IS FOR SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-100 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"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 However, if a claim for damages was filed and disallowed or rejected, an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any action brought under this chapter, except an action seeking damages of seven thousand five hundred dollars or less, is in the circuit court and brought in the county in which the act or omission occurred. An action seeking damages of seven thousand five hundred dollars or less must be filed in magistrate's court in the county in which the act or omission occurred.
(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, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined."
SECTION 2. Section 15-78-120 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by adding at the end:
"(d) In an action seeking damages of seven thousand five hundred dollars or less, the state agency or political subdivision may be represented by a representative of its insurance carrier, department manager, staff person, or another official. However, the representative shall not receive additional compensation for representing a state agency or political subdivision."
SECTION 3. Section 22-3-20 of the 1976 Code is amended to read:
"Section 22-3-20. No A magistrate shall does not have cognizance jurisdiction of a civil action:
(1) in which the State is a party, except:
(a) an action for a penalty and not exceeding one hundred dollars; or
(b) an action filed pursuant to the South Carolina Tort Claims Act seeking damages of seven thousand five hundred dollars or less; or
(2) when the title to real property shall come is in question, except as provided in Article 11 of this chapter."
SECTION 4. This act takes effect July 1, 2003, and applies to all actions filed on or after that date.
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