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A13, R34, S341
STATUS INFORMATION
General Bill
Sponsors: Finance Committee
Document Path: l:\council\bills\ggs\22820htc03.doc
Introduced in the Senate on February 6, 2003
Introduced in the House on February 25, 2003
Last Amended on April 3, 2003
Passed by the General Assembly on April 3, 2003
Governor's Action: April 21, 2003, Signed
Summary: B&C Board and Retirement Investment Panel; provisions for state to defend if employees or officers are sued
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/6/2003 Senate Introduced, read first time, placed on calendar without reference SJ-1 2/19/2003 Senate Amended SJ-24 2/19/2003 Senate Read second time SJ-24 2/19/2003 Senate Ordered to third reading with notice of amendments SJ-24 2/20/2003 Senate Read third time and sent to House SJ-9 2/25/2003 House Introduced and read first time HJ-10 2/25/2003 House Referred to Committee on Ways and Means HJ-11 3/19/2003 House Committee report: Favorable with amendment Ways and Means HJ-6 3/25/2003 House Amended HJ-28 3/25/2003 House Read second time HJ-29 3/26/2003 House Read third time and returned to Senate with amendments HJ-17 4/1/2003 Senate Non-concurrence in House amendment SJ-6 4/2/2003 House House insists upon amendment and conference committee appointed Reps. Harrell, Cooper and Kirsh HJ-46 4/2/2003 Senate Conference committee appointed Sens. Setzler, O'Dell, Branton SJ-25 4/3/2003 House Free conference powers granted HJ-11 4/3/2003 House Free conference committee appointed Reps. Harrell, Cooper and Kirsh HJ-13 4/3/2003 House Free conference report received and adopted HJ-41 4/3/2003 Senate Free conference powers granted SJ-12 4/3/2003 Senate Free conference committee appointed Sens. Setzler, O'Dell, Branton SJ-12 4/3/2003 Senate Free conference report received and adopted SJ-12 4/3/2003 Senate Ordered enrolled for ratification SJ-12 4/16/2003 Ratified R 34 4/21/2003 Signed By Governor 5/1/2003 Copies available 5/1/2003 Effective date 04/21/03 5/12/2003 Act No. 13
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VERSIONS OF THIS BILL
2/6/2003
2/6/2003-A
2/19/2003
3/19/2003
3/25/2003
4/3/2003
(A13, R34, S341)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD, THE BOARD'S OFFICERS AND MANAGEMENT EMPLOYEES, AND LEGISLATIVE EMPLOYEES PERFORMING DUTIES FOR BOARD MEMBERS AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD OR LEAVE LEGISLATIVE EMPLOYMENT IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Be it enacted by the General Assembly of the State of South Carolina:
Duty to defend; indemnification
SECTION 1. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-440. (A) The State must defend the members of the State Budget and Control Board against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the board and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. The State must defend officers and management employees of the board and legislative employees performing duties for board members against a claim or suit that arises out of or by virtue of performance of official duties unless the officer, management employee, or legislative employee was acting in bad faith and must indemnify these officers, management employees, and legislative employees for a loss or judgment incurred by them as a result of such claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members, officers, management employees, and legislative employees after they have left their employment with the board or General Assembly, as applicable, if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the board.
(B) The State must defend the members of the Retirement Systems Investment Panel established pursuant to Section 16, Article X of the Constitution of this State and Section 9-16-310 against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the panel and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members of the panel after they have left their service with the panel if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the panel."
Time effective
SECTION 2. This act takes effect upon approval by the Governor and applies to a claim or suit filed on or after that date.
Ratified the 16th day of April, 2003.
Approved the 21st day of April, 2003.
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