South Carolina General Assembly
112th Session, 1997-1998

Bill 341


Indicates Matter Stricken
Indicates New Matter


                    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



History


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 Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

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.

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