South Carolina General Assembly
120th Session, 2013-2014

Download This Bill in Microsoft Word format

A24, R35, H3624

STATUS INFORMATION

General Bill
Sponsors: Reps. Herbkersman, Bingham, Merrill, Harrell, Newton and White
Document Path: l:\council\bills\bbm\10853htc13.docx

Introduced in the House on February 26, 2013
Introduced in the Senate on March 7, 2013
Passed by the General Assembly on April 18, 2013
Governor's Action: May 3, 2013, Signed

Summary: PEBA

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/26/2013  House   Introduced and read first time (House Journal-page 10)
   2/26/2013  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 10)
   2/28/2013  House   Committee report: Favorable Labor, Commerce and Industry 
                        (House Journal-page 4)
    3/6/2013  House   Read second time (House Journal-page 74)
    3/6/2013  House   Roll call Yeas-111  Nays-0 (House Journal-page 75)
    3/7/2013  House   Read third time and sent to Senate 
                        (House Journal-page 23)
    3/7/2013  Senate  Introduced and read first time (Senate Journal-page 13)
    3/7/2013  Senate  Referred to Committee on Finance (Senate Journal-page 13)
   4/10/2013  Senate  Committee report: Favorable Finance 
                        (Senate Journal-page 25)
   4/17/2013  Senate  Read second time (Senate Journal-page 21)
   4/17/2013  Senate  Roll call Ayes-43  Nays-0 (Senate Journal-page 21)
   4/18/2013  Senate  Read third time and enrolled (Senate Journal-page 14)
    5/2/2013          Ratified R 35
    5/3/2013          Signed By Governor
   5/13/2013          Effective date See Act for Effective Date
   5/13/2013          Act No. 24

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/26/2013
2/28/2013
4/10/2013


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

(A24, R35, H3624)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-4-15 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND MEMBERS OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY (PEBA) AGAINST CLAIMS AND SUITS ARISING OUT OF THE PERFORMANCE OF THEIR OFFICIAL DUTIES, AND REQUIRE THAT THE STATE INDEMNIFY THESE DIRECTORS FOR ANY LOSS OR JUDGMENT INCURRED BY THEM WITH RESPECT TO SUCH A CLAIM OR SUIT, TO PROVIDE THAT THE STATE SHALL DEFEND PEBA OFFICERS AND MANAGEMENT EMPLOYEES AGAINST CLAIMS AND SUITS ARISING OUT OF THE PERFORMANCE OF THEIR OFFICIAL DUTIES UNLESS THE OFFICER OR MANAGEMENT EMPLOYEE WAS ACTING IN BAD FAITH, AND REQUIRE THAT THE STATE INDEMNIFY PEBA OFFICERS AND MANAGEMENT EMPLOYEES FOR ANY LOSS OR JUDGMENT INCURRED BY THEM WITH RESPECT TO SUCH A CLAIM OR SUIT, AND TO EXTEND THE REQUIREMENT TO DEFEND AND INDEMNIFY MEMBERS OF THE BOARD OF DIRECTORS, OFFICERS, AND MANAGEMENT EMPLOYEES OF PEBA TO SUCH PERSONS AFTER LEAVING OFFICE OR EMPLOYMENT WITH PEBA FOR OFFICIAL DUTIES UNDERTAKEN BY THEM WHILE SERVING AS A DIRECTOR, OFFICER, OR MANAGEMENT EMPLOYEE OF PEBA.

Be it enacted by the General Assembly of the State of South Carolina:

South Carolina Public Employee Benefit Authority, obligation to defend and indemnify

SECTION    1.    Article 1, Chapter 4, Title 9 of the 1976 Code is amended by adding:

"Section 9-4-15.    The State shall defend the members of the Board of Directors of the South Carolina Public Employee Benefit Authority (PEBA) established pursuant to this article against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the authority and must indemnify these directors for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. The State shall defend officers and management employees of PEBA against a claim or suit that arises out of or by virtue of performance of official duties unless the officer or management employee was acting in bad faith and must indemnify these officers, and management employees for a loss or judgment incurred by them as a result of such claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to PEBA directors, officers, and management employees after they have left their office or employment with PEBA, as applicable, if the claim or suit arises out of or by virtue of their performance of official duties on behalf of PEBA."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and applies with respect to any official duties undertaken by directors, officers, and management employees of the South Carolina Public Employee Benefit Authority after June 30, 2012.

Ratified the 2nd day of May, 2013.

Approved the 3rd day of May, 2013.

__________


This web page was last updated on Friday, August 16, 2013 at 12:15 P.M.