S 0679 General Bill, By Land

Similar(H 3911)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 1-11-462 so as to require the State to defend government officers and
 employees acting within the scope of their employment, to require the State to
 indemnify them from loss, whether sued in their official or individual
 capacities, or both, and to provide that such officers and employees are
 acting within the scope of their employment when administering a state law
 which has not been held unconstitutional or unlawful by a final decision of a
 court of competent jurisdiction, and to define "final decision".

   04/13/93  Senate Introduced and read first time SJ-13
   04/13/93  Senate Referred to Committee on Judiciary SJ-13
   02/16/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-6
   02/17/94  Senate Amended SJ-42
   02/17/94  Senate Read second time SJ-42

COMMITTEE AMENDMENT ADOPTED

February 17, 1994

S. 679

S. Printed 2/17/94--S.

Read the first time April 13, 1993.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-462 SO AS TO REQUIRE THE STATE TO DEFEND GOVERNMENT OFFICERS AND EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, TO REQUIRE THE STATE TO INDEMNIFY THEM FROM LOSS, WHETHER SUED IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE THAT SUCH OFFICERS AND EMPLOYEES ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT WHEN ADMINISTERING A STATE LAW WHICH HAS NOT BEEN HELD UNCONSTITUTIONAL OR UNLAWFUL BY A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION, AND TO DEFINE "FINAL DECISION".

Amend Title To Conform

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

SECTION 1. Section 1-7-60 of the 1976 Code is amended to read:

"Section 1-7-60. (A) Before any such defense, however, is undertaken, an investigation by the Attorney General shall be made of the facts on which the action or special proceedings are based and unless, in the opinion of the Attorney General, it appears that the officer or employee of the State or of any political subdivision was acting in good faith, without malice, and in the course of his employment, the investigation shall proceed no further, nor shall any defense be provided for him by virtue of this section and Section 1-7-50. The investigation herein is required to be made may be made by the Attorney General, any member of his staff, or by any solicitor or assistant solicitor when directed to do so by the Attorney General. In the event that it should appear that any such officer or employee is covered by any policy of insurance, under the terms of which the insurance carrier is required to provide legal counsel, the Attorney General may, in his discretion, make no further investigation and provide no representation for any such party. In the absence of any policy of insurance, the Attorney General shall bear the cost of any defense he undertakes.

(B) Officers and employees of the State, or of any political subdivision, are deemed to be acting within the course of their employment when administering any state statute which has not been held to be unconstitutional or unlawful by a final decision of a court of competent jurisdiction. For purposes of this section, a final decision is the decision of a court declaring the South Carolina statute unconstitutional or otherwise unlawful, and from which the appropriate officials cannot or do not take an appeal or request a rehearing."

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