Current Status Bill Number:68 Ratification Number:296 Act Number:271 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Rose, O'Dell Drafted Document Number:JIC\5010AC.95 Date Bill Passed both Bodies:19960418 Date of Last Amendment:19960319 Governor's Action:S Date of Governor's Action:19960506 Subject:Hazardous materials emergency
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960515 Act No. A271
------ 19960506 Signed by Governor
------ 19960430 Ratified R296
House 19960418 Read third time, enrolled for
ratification
House 19960417 Read second time
House 19960410 Committee report: Favorable 20 HANR
House 19960326 Introduced, read first time, 20 HANR
referred to Committee
Senate 19960321 Read third time, sent to House
Senate 19960319 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960314 Committee report: Favorable with 13 SMA
amendment
Senate 19950110 Introduced, read first time, 13 SMA
referred to Committee
Senate 19941003 Prefiled, referred to Committee 13 SMA
View additional legislative information at the LPITS web site.
(A271, R296, S68)
AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE TECHNICAL EXPERTS IN THE DEFINITION OF "EMPLOYEE".
Be it enacted by the General Assembly of the State of South Carolina:
Term "employee" includes technical experts
SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:
"(c) Prior to 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, and persons acting on behalf or in service of a governmental entity in the scope of official duty including, but not limited to, technical experts 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, 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 6th day of May, 1996.