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Indicates Matter Stricken
Indicates New Matter
May 24, 2000
S. Printed 5/24/00--H.
Read the first time March 29, 2000.
To whom was referred a Bill (S. 300), to amend Section 23-7-70 of the Code of Laws of South Carolina, 1976, relating to immunity from liability of others for acts of special state constables, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-60 of the 1976 Code, as amended, 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."
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
shall be are required to take the oath prescribed by Article III, Section 26 of the Constitution of 1895. Every such special state constable shall 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 and further conditioned upon the payment of any judgment recovered against him in any court of competent jurisdiction 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."
SECTION 3. Section 23-7-70 of the 1976 Code is amended to read:
No person or corporation shall be responsible for the malfeasance, nonfeasance or misfeasance of any such special State constable nor for any of his unlawful acts performed under color of office, but such constable and his sureties shall be answerable therefor on his official bond. 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."
SECTION 4. This act takes effect upon approval by the Governor.
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