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Current Status Bill Number:View additional legislative information at the LPITS web site.300 Ratification Number:402 Act Number:362 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Hutto All Sponsors:Hutto Drafted Document Number:l:\s-res\cbh\001immu.efd.doc Date Bill Passed both Bodies:20000531 Date of Last Amendment:20000323 Governor's Action:S Date of Governor's Action:20000614 Subject:Constables, special state appointed; Torts committed by; Law Enforcement, liability exception; Secretary of State History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000711 Act No. A362 ------ 20000614 Signed by Governor ------ 20000608 Ratified R402 House 20000531 Read third time, enrolled for ratification House 20000530 Read second time House 20000524 Committee report: Favorable 25 HJ House 20000329 Introduced, read first time, 25 HJ referred to Committee Senate 20000328 Read third time, sent to House ------ 20000328 Scrivener's error corrected Senate 20000323 Amended, read second time Senate 20000322 Committee report: Favorable with 11 SJ amendment Senate 19990113 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill Revised on March 22, 2000 - Word format Revised on March 23, 2000 - Word format Revised on March 28, 2000 - Word format Revised on May 24, 2000 - Word format
(A362, R402, S300)
AN ACT TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTANCES IN WHICH A GOVERNMENTAL ENTITY IS NOT LIABLE FOR CERTAIN LOSSES, SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR CERTAIN ACTS OR OMISSIONS COMMITTED BY SPECIAL STATE CONSTABLES APPOINTED UPON THE RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION; TO AMEND SECTION 23-7-30, RELATING TO THE OATH CERTAIN SPECIAL STATE CONSTABLES MUST TAKE AND THE SURETY BOND THEY MUST GIVE AND FILE IN THE OFFICE OF THE SECRETARY OF STATE, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE GIVING AND FILING OF A SURETY BOND WITH THE SECRETARY OF STATE IS CONDITIONED UPON THE PAYMENT OF ANY JUDGMENT AGAINST A SPECIAL STATE CONSTABLE IN ANY COURT UPON A CLAIM OR CAUSE OF ACTION ARISING OUT OF A BREACH OR ABUSE OF OFFICIAL DUTY OR POWER OR OTHER UNLAWFUL ACT COMMITTED UNDER COLOR OF OFFICE; AND TO AMEND SECTION 23-7-70, RELATING TO CERTAIN SPECIAL STATE CONSTABLES AND THEIR SURETIES BEING ANSWERABLE ON THE SPECIAL STATE CONSTABLES' BOND FOR THEIR ACTS OF MALFEASANCE, NONFEASANCE, MISFEASANCE, OR ANY UNLAWFUL ACT PERFORMED UNDER COLOR OF OFFICE, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THE STATE'S TORT CLAIMS ACT IS THE SOLE REMEDY FOR ANY TORT COMMITTED BY CERTAIN SPECIAL STATE CONSTABLES WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Exceptions to waiver of immunity
SECTION 1. Section 15-78-60 of the 1976 Code, as last amended by Act 77 of 1999, is further amended by adding an appropriately numbered item to read:
"( ) acts or omissions by a special state constable who is appointed pursuant to Section 23-7-10 and acting within the scope of his official duty under conditions of a national emergency or of a serious and immediate risk to the physical security of an energy facility within the special state constable's jurisdiction as provided in Section 23-7-40."
Special state constables
SECTION 2. Section 23-7-30 of the 1976 Code is amended to read:
"Section 23-7-30. All special state constables appointed under this chapter are required to take the oath prescribed by Article III, Section 26 of the Constitution of 1895. Every such special state constable must give and file in the office of the Secretary of State a surety bond in the penal sum of two thousand dollars conditioned upon the faithful performance of his duties."
South Carolina Tort Claims Act
SECTION 3. Section 23-7-70 of the 1976 Code is amended to read:
"Section 23-7-70. The South Carolina Tort Claims Act, Chapter 78 of Title 15, is the exclusive and sole remedy for any tort committed by a special state constable while acting within the scope of his official duty."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 8th day of June, 2000.
Approved the 14th day of June, 2000.
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