South Carolina General Assembly
115th Session, 2003-2004

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Bill 3289

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 12, 2004

H. 3289

Introduced by Rep. Altman

S. Printed 5/12/04--S.

Read the first time March 4, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3289) 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, etc., respectfully

REPORT:

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, by striking SECTION 4 in its entirety and inserting therein the following:

/    SECTION    4.    Upon approval by the Governor, this act is effective and applicable only to those claims or causes of action arising or accruing on or after January 1, 2005.        /

Renumber sections to conform.

Amend title to conform.

GREG GREGORY for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

State Budget and Control Board

Based on actuarial projections enactment of this bill would result in a premium increase of between 15% and 20% for those entities insured by the Insurance Reserve Fund (IRF). This premium increase would equal between $5.3 million and $7 million.

It should be noted that not all government entities insure with IRF. Insurance policies issued through other sources to governmental entities, including school districts and local governments, would also be affected by this draft amendment. IRF premiums are paid from various sources including state, federal and other funds.

SPECIAL NOTES:

The State Budget and Control Board recently increased rates by 45% to address actuarial concerns as a result of a transfer of funds from the IRF to the state general fund in prior years.

Approved By:

Don Addy

Office of State Budget

A BILL

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:

SECTION    1.    Section 15-78-80(a) of the 1976 Code is amended to read:

"(a)    A verified 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."

SECTION    2.    Section 15-78-80(d) of the 1976 Code is amended to read:

"(d)    The verified 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."

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 any claim, 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. A claim filed pursuant to the provisions of this chapter is not required to be verified. If a pleading, motion, or other paper is not signed, it shall must 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."

SECTION    4.    This act takes effect upon approval by the Governor.

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