Current Status Bill Number:341 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970211 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:dka\4026mm.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Revenue Department employees, to defend against liability rising out of actions within scope of employment
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970312 Committed to Committee 11 SJ Senate 19970312 Recalled from Committee 06 SF Senate 19970211 Introduced, read first time, 06 SF referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF REVENUE, BY ADDING SECTION 12-4-325 SO AS TO REQUIRE THE STATE OF SOUTH CAROLINA TO DEFEND AND INDEMNIFY THE EMPLOYEES OF THE DEPARTMENT OF REVENUE AGAINST LIABILITY ARISING OUT OF THEIR ACTIONS WITHIN THE SCOPE OF THEIR EMPLOYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 4, Title 12 of the 1976 is amended by adding:
"Section 12-4-325. (A) The State shall defend employees and officers of the Department of Revenue against liability arising out of their actions within the scope of their employment and indemnify them from resulting loss when they are sued in their official or individual capacities, or both.
(B) Department of Revenue employees and officers are acting within the scope of their employment when administering any South Carolina 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 may not or do not take an appeal or request a rehearing.
(C) At any time that legal action is brought against an employee or officer of the department as a result of the proper administration of a state statute by the employee or officer, the department shall become the defendant in place of the employee or officer."
SECTION 2. This act takes effect upon approval by the Governor.