H 4938(Rat #0317)  General Bill, By Cooper, Walker, Harrell, Cato, Townsend, 
White, Coates and J.E. Smith

Similar(S 1337)
 AN ACT TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO
 AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE
 STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR
 WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE
 EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO
 EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE
 FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND
 THE SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 42-7-50, RELATING TO
 POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE
 WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF
 WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE
 SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE STATE ACCIDENT FUND. -
 ratified title

   04/04/06  House  Introduced and read first time HJ-4
   04/04/06  House  Referred to Committee on Ways and Means HJ-4
   04/18/06  House  Member(s) request name added as sponsor: Coates
   04/20/06  House  Committee report: Favorable with amendment Ways
                     and Means HJ-10
   04/25/06  House  Member(s) request name added as sponsor: J.E.Smith
   04/25/06  House  Amended HJ-102
   04/25/06  House  Read second time HJ-106
   04/26/06  House  Read third time and sent to Senate HJ-20
   04/26/06  Senate Introduced and read first time SJ-16
   04/26/06  Senate Referred to Committee on General SJ-16
   05/04/06  Senate Committee report: Favorable General SJ-16
   05/08/06  Senate Read second time SJ-40
   05/09/06  Senate Read third time and enrolled SJ-4
   05/18/06         Ratified R 317
   05/24/06         Vetoed by Governor
   05/30/06  House  Debate adjourned on veto consideration HJ-33
   05/31/06  House  Veto overridden by originating body Yeas-101 
                     Nays-10 HJ-41
   05/31/06  Senate Veto sustained Yeas-29  Nays-15
   05/31/06  Senate  Reconsider vote whereby veto was sustained
   06/01/06  Senate Veto sustained Yeas-24  Nays-14

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R317, H4938)

AN ACT TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE STATE ACCIDENT FUND.

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

Emergency Air Wing

SECTION    1.    Section 25-3-10 of the 1976 Code is amended to read:

"Section 25-3-10.    (A)    A South Carolina State Guard is hereby established. Such force shall be additional to and distinct from the National Guard and shall be known as the South Carolina State Guard. The Adjutant General shall organize and maintain within the State, under such regulations as the Secretary of the Army may prescribe for discipline and training, the South Carolina State Guard with such table of organization and equipment as the Adjutant General may deem necessary.

(B)    The Adjutant General, at his discretion, is further authorized to organize and maintain within the State of South Carolina an organization known as the Emergency Air Wing of the South Carolina State Guard. The organization shall consist of volunteer pilots and flight ground crews interested in providing emergency air support with airplanes owned by private citizens. The Adjutant General shall devise a table of organization, equipment, and regulations to facilitate the purposes of the Emergency Air Wing. The Adjutant General shall be responsible for training and deciding what duties, responsibilities, and activities the group shall provide in both planes and personnel. The Adjutant General is authorized to prescribe a distinct uniform for the Emergency Air Wing Group separate from that of the National Guard. Each airplane participating in any activity of the Emergency Air Wing shall be required to have no less than one million dollars in liability insurance and shall list the Adjutant General as an additional insured to ensure that in the event of any claim resulting from any training or duty activity insurance is available to compensate for damages up to the caps provided by the South Carolina Tort Claims Act."

Liability exceptions

SECTION    2.    Section 15-78-60(19) of the 1976 Code is amended to read:

"(19)    emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular or airplane accidents;"

Recovery of benefits

SECTION    3.    Section 42-7-50 of the 1976 Code is amended to read:

"Section 42-7-50.    Any county or municipality in the State or any agency or institution of the State shall have the option of participating under the provisions of this article but no county, municipality, agency, or institution of the State shall be covered by the workers' compensation insurance provided in this article until payment of the annual charge provided in this title shall have been made to the fund, nor shall any county, municipality, agency, or institution of the State be covered by this insurance after the lapse of the period for which the annual charge has been paid. The director shall notify each county, municipality, agency, or institution of the State at least thirty days before the expiration date of its coverage in order that the county, municipality, agency, or institution may keep its insurance in force continuously. Recovery of workers' compensation benefits by members of the Emergency Air Wing of the South Carolina State Guard shall be payable from the State Accident Fund of the State of South Carolina."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 18th day of May, 2006.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2006.

___________________________________________

Governor