Current StatusView additional legislative information at the LPITS web site.
Bill Number: 1037 Ratification Number: 387 Act Number 351 Introducing Body: Senate Subject: Definition of "state" revised
(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."
SECTION 3. This act takes effect upon approval
by the Governor.
Approved the 19th day of March, 1990.