South Carolina General Assembly
115th Session, 2003-2004

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Bill 3881

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

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COMMITTEE REPORT

April 21, 2004

H. 3881

Introduced by Reps. G.M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F.N. Smith, J.E. Smith, Talley and Weeks

S. Printed 4/21/04--H.

Read the first time March 27, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3881) to amend Section 15-78-30, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in 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, Section 15-78-30(c), as contained in SECTION 1, by adding at the end:

/ For the purposes of this chapter, court-appointed attorneys and public defenders are considered employees of the State and not of the county in which they serve. /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

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 Before 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, members of the South Carolina National Guard and the South Carolina State Guard, and persons acting on behalf or in service of a governmental entity in the scope of official duty, with or without compensation including, but not limited to, court-appointed attorneys, public defenders, and technical experts whether with or without compensation, but the. 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.    This act takes effect upon approval by the Governor.

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