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COMMITTEE REPORT
April 19, 2005
H. 3513
Introduced by Reps. Brady, Pinson, Emory, Bales, Barfield, Chellis, Dantzler, Kennedy, Leach, Lucas, Martin, J.M. Neal, M.A. Pitts and G.R. Smith
S. Printed 4/19/05--H.
Read the first time February 10, 2005.
To whom was referred a Bill (H. 3513) to amend the Code of Laws of South Carolina, 1976, by adding Section 4-11-65 so as to authorize the governing body of a county to purchase a fidelity bond, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 25, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 11, Title 4 of the 1976 Code is amended by adding:
"Section 4-11-65. (A) If bonding of a county official or employee is statutorily required, the governing body of a county may purchase a fidelity bond to cover all or a portion of the county officials and employees. A fidelity bond may be used instead of specific statutory bond requirements including, but not limited to, those found in Sections 12-39-10, 12-45-10, 14-17-40, 14-17-60, 14-17-350, 14-23-1050, 17-5-20, 17-5-70, 22-1-150, 22-1-160, 23-11-30, and 23-13-20. An official or employee not covered by a fidelity bond must be bonded as required by statute.
(B) The purchase of a fidelity bond as provided in subsection (A) or the replacement of an existing bond with a fidelity bond covering one or more county officials or employees must be evidenced by passage of a resolution by the county's governing body. A fidelity bond must meet or exceed the minimum value of the bond required by any statute for the covered officials or employees." /
Renumber sections to conform.
Amend title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
Enactment of this bill would have no impact on the General Fund of the State, or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Enactment would have no direct impact on county expenditures since the bill is permissive in nature.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 4 of the 1976 Code is amended by adding:
"Section 4-11-65. (A) The governing body of a county may purchase a fidelity bond covering all county officials and employees or a portion of them. A fidelity bond may be used instead of specific statutory bond requirements including, but not limited to, those found in Sections 12-39-10, 12-45-10, 14-17-40, 14-17-60, 14-17-350, 14-23-1050, 17-5-20, 17-5-70, 22-1-150, 22-1-160, 23-11-30, and 23-13-20.
(B) To replace an existing bond covering a county official or employee, it must be evidenced by passage of a resolution by the county's governing body. A fidelity bond used to replace an existing bond must meet or exceed the minimum value required by statute."
SECTION 2. This act takes effect upon approval by the Governor.
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