Georgia SB 400: Indemnification of State Officers and Employees; adjustment and approval of legal fees and other expenses by the General Assembly

Bill Text

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S. B. 400
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Senate Bill 400
By: Senator McKoon of the 29th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to1
general provisions pertaining to state officers and employees relative to insurance and2
indemnification, so as to provide for the adjustment and approval of legal fees and other3
expenses by the General Assembly; to provide for related matters; to repeal conflicting laws;4
and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to general8
provisions pertaining to state officers and employees relative to insurance and9
indemnification, is amended by revising subsection (a) as follows:10
"(a) In addition to any other compensation which may be paid to an officer, official, or11
employee of any agency, board, bureau, commission, department, or authority of the12
executive, judicial, or legislative branch of government of this state, each such agency,13
board, bureau, commission, department, or authority is authorized, in its discretion, to14
purchase policies of liability insurance or contracts of indemnity or to formulate sound15
programs of self-insurance utilizing funds available to such agency, board, bureau,16
commission, department, or authority, insuring or indemnifying such officers, officials, or17
employees to the extent that they are not immune from liability against personal liability18
for damages arising out of the performance of their duties or in any way connected19
therewith. Such policies of liability insurance, contracts of indemnity, or programs of20
self-insurance may also provide for reimbursement to an officer, official, or employee of21
any agency, board, bureau, commission, department, or authority of this state for22
reasonable legal fees and other expenses incurred in the successful defense of any criminal23
proceeding, including, but not limited to, any criminal cause of action, suit, investigation,24
subpoena, warrant, request for documentation or property, or threat of such action whether25
formal or informal where such action arises out of the performance of his or her official26

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duties. In addition, in the case of an officer, official, or employee who is required to27
maintain a professional license, such reimbursement may also be provided for legal fees28
and other expenses so incurred in the successful defense of a charge arising out of the29
performance of his or her official duties in proceedings before a professional licensing30
board, disciplinary board or commission, or other similar body. Legal fees and other31
expenses shall be subject to adjustment by and the approval of the Attorney General32
General Assembly."33
SECTION 2.34
All laws and parts of laws in conflict with this Act are repealed.35