S*1476 Session 109 (1991-1992)
S*1476(Rat #0558, Act #0509 of 1992) General Bill, By Drummond
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
1-11-460 so as to authorize the State Budget and Control Board, through the
Division of Insurance Services, to pay judgments rendered pursuant to 42
U.S.C. Section 1983 against individual governmental employees and officials of
limited amounts in excess of one million dollars, to provide that the payments
are limited to judgments against officials covered by a tort liability policy
issued by the Insurance Reserve Fund for acts committed within the scope of
employment, and to provide that payments must be recovered by assessments
against all entities purchasing tort liability insurance from the Insurance
Reserve Fund.-amended title
04/16/92 Senate Introduced and read first time SJ-9
04/16/92 Senate Referred to Committee on Finance SJ-9
04/22/92 Senate Committee report: Favorable Finance SJ-8
04/23/92 Senate Read second time SJ-31
04/30/92 Senate Amended SJ-64
04/30/92 Senate Read third time and sent to House SJ-64
05/05/92 House Introduced and read first time HJ-17
05/05/92 House Referred to Committee on Ways and Means HJ-17
05/19/92 House Recalled from Committee on Ways and Means HJ-59
05/27/92 House Read second time HJ-52
05/28/92 House Read third time and enrolled HJ-22
06/04/92 Ratified R 558
07/10/92 Signed By Governor
07/10/92 Effective date 07/10/92
07/10/92 Act No. 509
07/28/92 Copies available
(A509, R558, S1476)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS
TO AUTHORIZE THE STATE BUDGET AND CONTROL
BOARD, THROUGH THE DIVISION OF INSURANCE
SERVICES, TO PAY JUDGMENTS RENDERED PURSUANT
TO 42 U.S.C. SECTION 1983 AGAINST INDIVIDUAL
GOVERNMENTAL EMPLOYEES AND OFFICIALS OF
LIMITED AMOUNTS IN EXCESS OF ONE MILLION
DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE
LIMITED TO JUDGMENTS AGAINST OFFICIALS
COVERED BY A TORT LIABILITY POLICY ISSUED BY
THE INSURANCE RESERVE FUND FOR ACTS
COMMITTED WITHIN THE SCOPE OF EMPLOYMENT,
AND TO PROVIDE THAT PAYMENTS MUST BE
RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES
PURCHASING TORT LIABILITY INSURANCE FROM THE
INSURANCE RESERVE FUND.
Be it enacted by the General Assembly of the State of South
Carolina:
Judgments
SECTION 1. Article 1, Chapter 11, Title 1 of the 1976 Code is
amended by adding:
"Section 1-11-460. The State Budget and Control Board,
through the Division of Insurance Services, is authorized to pay
judgments against individual governmental employees and
officials, in excess of one million dollars, subject to a maximum
of four million dollars in excess of one million dollars for one
employee and a maximum of twenty million dollars in excess of
five million dollars in one fiscal year. These payments are limited
to judgments rendered under 42 U.S.C. Section 1983 against
governmental employees or officials who are covered by a tort
liability policy issued by the Insurance Reserve Fund. These
payments are also limited to judgments against governmental
employees and officials for acts committed within the scope of
employment. If a judgment is paid, the payment must be
recovered by assessments against all governmental entities
purchasing tort liability insurance from the Insurance Reserve
Fund."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 10th day of July, 1992. |