A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-11-140, RELATING TO AUTHORIZATION OF FISCAL ACCOUNTABILITY AUTHORITY THROUGH THE OFFICE OF INSURANCE RESERVE FUND, SO AS TO PROVIDE FOR EXTENSION OF COVERAGE TO EMPLOYEES OF ENTITIES INSURED BY THE INSURANCE RESERVE FUND PROVIDED THAT EMPLOYEES ACTED IN GOOD FAITH AND WITHIN THE SCOPE OF EMPLOYMENT.

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

SECTION 1.   Section 1-11-140(A) of the S.C. Code is amended to read:

   Section 1-11-140.   (A)(1) Notwithstanding any other provision of law, The the State Fiscal Accountability Authority, through the Insurance Reserve Fund, is authorized directed to provide insurance for the State, its departments, agencies, institutions, commissions, boards, and the personnel employed by the State in its departments, agencies, institutions, commissions, and boards so as to protect the State them against tort liability and to protect these personnel against tort liability arising in the course of their employment. any other damage claims, including, but not limited to, actions under 42 U.S.C § 1983, conspiracy allegations, conversion claims, and employment law. This coverage must be provided and any resulting judgement, including damage awards, attorney's fees, and costs, must be paid from the insurance, provided that the director of the department, agency, institution, commission, or board or his designee certifies in writing and continues to maintain that the officers and other personnel thereof acted in good faith, without malice, and within the scope of their employment. Coverage shall be provided in the minimum amounts of one million dollars per person and per department, agency, institution, commission, or board named in the suit. At the request of the department, agency, institution, commission, or board, the Insurance Reserve Fund shall obtain coverage in excess of these amounts.

      (2) The insurance also may be provided for physicians or dentists employed by the State, its departments, agencies, institutions, commissions, or boards against any tort liability arising out of the rendering of any professional services as a physician or dentist for which no fee is charged or professional services rendered of any type whatsoever so long as any fees received are directly payable to the employer of a covered physician or dentist, or to any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State; provided, any insurance coverage provided by the authority may be on the basis of claims made or upon occurrences. The insurance also may be provided for students of high schools, South Carolina Technical Schools, or state-supported colleges and universities while these students are engaged in work study, distributive education, or apprentice programs on the premises of private companies.

      (3) Premiums for the insurance must be paid from appropriations to or funds collected by the various entities, except that in the case of the above-referenced students in which case the premiums must be paid from fees paid by students participating in these training programs.

      (4) The authority has the exclusive control over the investigation, settlement, and defense of claims against the various entities and personnel for whom it provided insurance coverage and may promulgate regulations in connection therewith.

      (5) The provisions of this section do not waive any immunities, defenses, or liability limits applicable to the State of South Carolina and the entities and personnel who are the subject of any claims or litigation.

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

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