Current Status Bill Number:
1083Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980303Primary Sponsor: SaleebyAll Sponsors: Saleeby and LandDrafted Document Number: jud9049.eesResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Torts Claims Act, claims to be heard by Administrative Law Judge Division, Courts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980303 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 15-78-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF ACTIONS UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE EXCLUSIVE JURISDICTION FOR CLAIMS ACCRUING AFTER JULY 1, 1998; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HAVE EXCLUSIVE JURISDICTION FOR CLAIMS ARISING UNDER THE SOUTH CAROLINA TORTS CLAIMS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-100 of the 1976 Code is amended to read:
"(a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that However, if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.
(b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred. An action under this chapter must be brought as a contested case hearing before the Administrative Law Judge Division pursuant to Chapter 23 of Title 1.
(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined."
SECTION 2. Section 15-78-30 of the 1976 Code, as last amended by Act. No. 271 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) 'Contested case hearing' means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. A contested case hearing is a hearing conducted pursuant to Article 3, Chapter 23 of Title 1 and the Rules of Procedure for the Administrative Law Judge Division."
SECTION 3. Sections 1 and 2 apply only to those causes of action arising or accruing on or after July 1, 1998.
SECTION 4. This act takes effect upon approval by the Governor.