South Carolina General Assembly
115th Session, 2003-2004

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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

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/6/2003
2/6/2003-A
2/19/2003
3/19/2003
3/25/2003
4/3/2003


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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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This web page was last updated on Monday, December 7, 2009 at 10:16 A.M.