South Carolina General Assembly
108th Session, 1989-1990

Bill 1037


                    Current Status

Bill Number:               1037
Ratification Number:       387
Act Number                 351
Introducing Body:          Senate
Subject:                   Definition of "state"
                           revised
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A351, R387, S1037)

AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "STATE", AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO A GOVERNMENTAL ENTITY'S WAIVER OF IMMUNITY UNDER THE ACT, SO AS TO PROVIDE THAT THE ENTITY IS NOT LIABLE FOR A LOSS RESULTING FROM GOOD FAITH ACTS OR OMISSIONS OF EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED.

Be it enacted by the General Assembly of the State of South Carolina:

Definition of "State" revised

SECTION 1. Section 15-78-30(e) of the 1976 Code is amended to read:

"(e) 'State' means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, including the South Carolina Protection and Advocacy System for the Handicapped, Inc., and institutions, including state-supported governmental health care facilities, schools, colleges, universities, and technical colleges."

Exception to a governmental entity's waiver of immunity; good faith acts or omissions of the Protection and Advocacy System for the Handicapped

SECTION 2. Section 15-78-60 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) acts or omissions of employees and volunteers of the South Carolina Protection and Advocacy System for the Handicapped acting within the scope of their official duties pursuant to Article 5, Chapter 33 of Title 43, when such acts or omissions are done or made in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness."

Time effective

SECTION 3. This act takes effect upon approval

by the Governor.

Approved the 19th day of March, 1990.