Senate Amendment 61
H 5100 - Session 125 (2023-2024)
Budget

S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

310896031496000/AM

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 23, 2024

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5100  (Reference is to Printer's Date 04/23/24-S.)

04572000 

 Senator ALEXANDER proposes the following amendment (AM CC DEFENSE COSTS):

 Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 536, proviso 117.82, lines 7- 18, by striking the proviso in its entirety and inserting:

/ (GP: Civil Conspiracy Defense Costs) For the current fiscal year, for any claim that has not reached a judgment, if a state or local government employee or former state or local government employee ("government employee") is personally sued for civil conspiracy, the employee must be provided legal counsel by the governmental entity and/or their insurer upon the submission of an affidavit executed by the agency head or his designee that the employee was acting within the scope of employment or in good faith. No insurer that provides insurance for any governmental entity may exclude coverage for civil conspiracy as provided for in this provision. Prior to trial, the court must make a final determination whether the action or decision giving rise to the suit was made by the government employee within the scope of their official duty or in good faith. If the court finds that the government employee was acting outside the scope of the employee's official duties or not in good faith, the government or their insurer shall not thereafter expend any funds to pay or defend the claim including funds for the employee's legal counsel. If the court finds the government employee was acting within the scope of their official duties, the employee is immune from suit, liability, and damages with respect to the civil conspiracy claim. The government may only expend funds to defend the claim if the determination is that the employee was acting within the scope of their official duties or in good faith. Nothing in this proviso prevents an insurance provider from defending and paying, respectively, any claims that the provider has contractually agreed to defend and pay. / 

 Amend sections, totals and title to conform.