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S. 123
STATUS INFORMATION
General Bill
Sponsors: Senators Leatherman, Elliott, Hutto and Reese
Document Path: l:\council\bills\ggs\22677htc03.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Finance
Summary: Budget and Control Board, members, officers and employees; state to defend in law suit, provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/8/2003 Senate Prefiled
1/8/2003 Senate Referred to Committee on Finance
1/14/2003 Senate Introduced and read first time SJ-70
1/14/2003 Senate Referred to Committee on Finance SJ-70
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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 AND THE BOARD'S OFFICERS AND EMPLOYEES 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 IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-440. The State must defend the members of the State Budget and Control Board and officers and employees of the 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, officers, and employees 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, officers, and employees of the board after they have left their employment with the board if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the board.
SECTION 2. This act takes effect upon approval by the Governor and applies to a claim or suit filed on or after that date.
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