Current Status Introducing Body:House Bill Number:3911 Primary Sponsor:Kirsh Committee Number:25 Type of Legislation:GB Subject:Government officers and employees Residing Body:House Current Committee:Judiciary Computer Document Number:JIC/5735HC.93 Introduced Date:19930413 Last History Body:House Last History Date:19930413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3911 House 19930413 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
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".
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 1-11-462. (A) The State shall defend state government officers and employees acting within the scope of their employment and indemnify them from any loss, whether they are sued in their official or individual capacities, or both.
(B) State officers and employees are deemed to be acting within the scope 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 of this State cannot or do not take an appeal or request a rehearing."
SECTION 2. This act takes effect upon approval by the Governor.