Bill 3740

                    Current Status

Bill Number:                    3740
Ratification Number:            473
Act Number:                     386
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950302
Primary Sponsor:                Davenport 
All Sponsors:                   Davenport 
Drafted Document Number:        DKA\3759AC.95
Date Bill Passed both Bodies:   19960528
Date of Last Amendment:         19960516
Governor's Action:              S
Date of Governor's Action:      19960604
Subject:                        Migrant Farm Workers
                                Commission

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A386
------  19960604  Signed by Governor
------  19960530  Ratified R473
House   19960528  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960522  Read third time, returned to House
                  with amendment
Senate  19960516  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19960404  Placed on the Second Reading Calendar
                  pursuant to the provisions of Rule 27D
Senate  19960404  Committee report: Favorable with         01 SANR
                  amendment
Senate  19960125  Recommitted to Committee                 01 SANR
Senate  19960124  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19950406  Committee report: Favorable              01 SANR
Senate  19950330  Introduced, read first time,             01 SANR
                  referred to Committee
House   19950329  Read third time, sent to Senate
House   19950328  Amended, read second time
House   19950322  Committee report: Favorable with         20 HANR
                  amendment
House   19950302  Introduced, read first time,             20 HANR
                  referred to Committee

(A386, R473, H3740)

AN ACT TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO PROVIDE A PRE-OCCUPANCY HOUSING INSPECTION PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY HOUSING INSPECTION PROGRAM.

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

Commission created; membership expanded

SECTION 1. Section 46-43-10 of the 1976 Code is amended to read:

"Section 46-43-10. There is created the Migrant and Seasonal Farm Workers Commission appointed by the Governor and comprised of six farmers whose principle source of income is derived from farming, five of whom contract for migrant or seasonal farm workers, or both, two of whom represent the peach growers in this State, one of whom represents the apple growers, two of whom represent vegetable growers and producers of other row crops in this State which are planted, cultivated, or harvested, partially or completely, by migrant or seasonal farm workers, and one general farmer who may or may not contract for migrant or seasonal farm workers; four members who represent state agencies with statewide jurisdiction which are involved with migrant or seasonal farm workers; five members who represent organizations in South Carolina which are presently involved with migrant or seasonal farm workers in this State; and one person to represent the interests of migrant farm workers or seasonal farm workers, or both. However, an organization created subsequent to May 25, 1976, may become eligible to have representatives appointed to this commission upon approval of the Migrant Farm Workers Commission as then constituted. Terms of office are for four years and until a successor is appointed and qualifies."

Reporting requirements revised; pre-occupancy housing inspection program created

SECTION 2. Section 46-43-40 of the 1976 Code is amended to read:

"Section 46-43-40. (A) An administrative or service agency, public or private, which receives state or federal funds to provide services to migrant or seasonal farm workers shall file an annual written report with the commission describing the amount of state and federal funds received, inspection activities, the services offered, the number of migrant and seasonal workers and their family members served, and all other pertinent information requested by the commission.

(B) If adequate state funds are available, the South Carolina Employment Security Commission shall contract to provide a pre-occupancy housing inspection program and shall report the results of any inspections to the Migrant and Seasonal Farm Workers Commission before October first of each year. However, the Migrant and Seasonal Farm Workers Commission and the South Carolina Employment Security Commission are immune from liability, pursuant to Section 15-78-60, for any action that may be brought in connection with the inspection program."

Exception to Tort Claims Act; waiver of immunity

SECTION 3. Section 15-78-60 of the 1976 Code, as last amended by Act 351 of 1990, is further amended by adding an appropriately numbered item to read:

"( ) a pre-occupancy housing inspection contracted for by the South Carolina Employment Security Commission pursuant to Section 46-43-40."

Time effective

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

Approved the 4th day of June, 1996.