South Carolina General Assembly
116th Session, 2005-2006

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Bill 1057

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

March 1, 2006

S. 1057

Introduced by Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short

S. Printed 3/1/06--S.

Read the first time January 18, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1057) to amend Section 15-79-120, Code of Laws of South Carolina, 1976, relating to mediation and arbitration before a medical malpractice action is brought to trial, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, by striking line 17 and inserting:

/    NEUTRAL EVALUATION, OR OTHER FORMS OF     /

Amend the bill further, as and if amended, page 1, by striking line 34 and inserting:

/    neutral evaluation, or other forms of alternative dispute        /

Renumber sections to conform.

Amend title to conform.

C. BRADLEY HUTTO for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Judicial Department indicates that enactment of this bill will have no fiscal impact on the General Fund of the State, nor on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 15-79-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIATION AND ARBITRATION BEFORE A MEDICAL MALPRACTICE ACTION IS BROUGHT TO TRIAL, SO AS TO ALLOW PARTIES TO AGREE TO PARTICIPATE IN BINDING ARBITRATION, NON-BINDING ARBITRATION, EARLY NEUTRAL EVAULATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION BEFORE A MEDICAL MALPRACTICE ACTION IS BROUGHT TO TRIAL.

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

SECTION    1.    Section 15-79-120 of the 1976 Code, as added by Act 32 of 2005, is amended to read:

"Section 15-79-120.    At any time before a medical malpractice action is brought to trial, the parties shall participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules in effect at the time for the State or any portion of the State. Parties may also agree to participate in binding arbitration, non-binding arbitration, early neutral arbitration, or other forms of alternative dispute resolution."

SECTION    2.    This act takes effect upon approval by the Governor.

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