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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.




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