H 3411 Session 110 (1993-1994)
H 3411 General Bill, By Alexander, M.O. Alexander, Gamble, R. Smith and
Young-Brickell
A Bill to amend Sections 42-7-10, as amended, 42-7-20, 42-7-30, 42-7-70,
42-7-75, as amended, and 42-7-90, Code of Laws of South Carolina, 1976,
relating to the State Workers' Compensation Fund, so as to change the name of
that Fund to the "State Accident Fund"; to provide that, upon the effective
date of this Act, the State Workers' Compensation Fund shall be known as the
State Accident Fund, provide for this name change in other places in the 1976
Code or other statutes of the State, and provide for the exhaustion of all
current forms, stationery, and other printed material reflecting the name,
"State Workers' Compensation Fund".
02/04/93 House Introduced and read first time HJ-8
02/04/93 House Referred to Committee on Labor, Commerce and
Industry HJ-9
03/03/93 House Committee report: Majority favorable, minority
unfavorable Labor, Commerce and Industry HJ-5
03/08/93 House Debate adjourned until Tuesday, March 9, 1993 HJ-21
03/09/93 House Debate adjourned until Wednesday, March 10, 1993 HJ-16
01/13/94 House Tabled HJ-283
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 3, 1993
H. 3411
Introduced by REPS. T.C. Alexander, M.O. Alexander, Gamble, R.
Smith and A. Young
S. Printed 3/3/93--H.
Read the first time February 4, 1993.
THE COMMITTEE ON LABOR, COMMERCE AND
INDUSTRY
To whom was referred a Bill (H. 3411), to amend Sections 42-7-10,
as amended, 42-7-20, 42-7-30, 42-7-70, 42-7-75, as amended, and 42-7-90, Code of Laws of South Carolina, 1976, relating to the State Workers'
Compensation Fund, so as to change the name of that fund to the
"State Accident Fund", etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
Majority favorable. Minority unfavorable.
THOMAS C. ALEXANDER ALFRED B. ROBINSON, JR.
For Majority. For Minority.
A BILL
TO AMEND SECTIONS 42-7-10, AS AMENDED, 42-7-20, 42-7-30,
42-7-70, 42-7-75, AS AMENDED, AND 42-7-90, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS'
COMPENSATION FUND, SO AS TO CHANGE THE NAME OF
THAT FUND TO THE "STATE ACCIDENT FUND"; TO
PROVIDE THAT, UPON THE EFFECTIVE DATE OF THIS ACT,
THE STATE WORKERS' COMPENSATION FUND SHALL BE
KNOWN AS THE STATE ACCIDENT FUND, PROVIDE FOR THIS
NAME CHANGE IN OTHER PLACES IN THE 1976 CODE OR
OTHER STATUTES OF THE STATE, AND PROVIDE FOR THE
EXHAUSTION OF ALL CURRENT FORMS, STATIONERY, AND
OTHER PRINTED MATERIAL REFLECTING THE NAME,
"STATE WORKERS' COMPENSATION FUND".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-7-10 of the 1976 Code, as last amended by
Section 22, Part II of Act 189 of 1989, is further amended to read:
"Section 42-7-10. (A) There is established as a separate
agency of state government a separate fund to be known as the State
Workers' Compensation Accident Fund. This fund
consists of annual premium charges, recoveries from the Second Injury
Fund, recoveries by subrogation and, subject to subsection (B) of this
section, of all income or revenue derived from investing these funds.
Receipts for the credit of the fund and expenditures from the fund must
be handled in the manner provided by law governing all state funds.
(B) One-third of the investment income generated in Fiscal Year
1990-91 and two-thirds of the income generated in Fiscal Year 1991-92
must be credited to the State Fund in those years respectively.
Thereafter all such income must be credited to the State Fund except that
the State Treasurer may charge the State Fund, and credit to the general
fund, the customary investment management fee."
SECTION 2. Section 42-7-20 of the 1976 Code is amended to read:
"Section 42-7-20. The State Workers' Compensation
Accident Fund shall must be administered by
a director appointed by the Governor for a term of six years with the
advice and consent of the Senate. The administration shall provide for
employment of office and field personnel necessary for the proper
conduct of the business of the fund, to the extent of appropriations
therefor, including the determination of the amount of and the collection
of annual charges, the issuance of certificates of compliance with this
article, the investigation of claims, the adjustment and payment of claims
and awards, the inspection of risks, study and investigation with respect
to safety provisions with recommendations to employers as to means of
preventing injuries, medical examination of employees, and the
prosecution of subrogation rights against any third party. The director
may inspect and audit records of employers for the purpose of
determining or verifying the amount of annual charges against such
employers."
SECTION 3. Section 42-7-30 of the 1976 Code is amended to read:
"Section 42-7-30. Legal representation for the State
Workers' Compensation Accident Fund shall
must be provided by a chief counsel and such staff attorneys as
are necessary appointed by the director of the fund with the approval of
the Attorney General. Any extra legal services that may be required
shall must be performed by attorneys selected by the
director also with the approval of the Attorney General. Fees and
expenses for nonstaff attorneys shall must be approved
by the director."
SECTION 4. Section 42-7-70 of the 1976 Code is amended to read:
"Section 42-7-70. The rates and premiums paid by employers
insured in the fund shall may not be excessive,
inadequate, or unfairly discriminatory. Employers may be grouped by
classifications for the establishment of rates and minimum premiums,
and classification rates may be modified to produce rates for individual
employers in accordance with rating laws which establish standards for
measuring any variations in hazards or expense provisions, or both, that
can be demonstrated to have a probable effect upon losses or expenses.
All premiums collected by the fund shall must be
deposited by it in the State Treasury to the credit of the State
Workers' Compensation Accident Fund."
SECTION 5. Section 42-7-75 of the 1976 Code, as last amended by
Section 15, Part II of Act 612 of 1990, is further amended to read:
"Section 42-7-75. All state agencies shall pay workers'
compensation premiums according to Section 42-7-70, as determined by
the State Workers' Compensation Accident Fund.
Calculation of premiums for the Adjutant General's Office must exclude
losses arising out of service as a member of the South Carolina State and
National Guard. In lieu of premiums for those losses the Adjutant
General shall pay, at the beginning of each premium year, the amount
estimated by the fund to be required to cover actual workers'
compensation benefits to guard members during the premium year. If
the amount actually paid as benefits differs from the estimated pay out
advanced under this paragraph, the difference must be debited or
credited to the Adjutant General's account in the same manner that an
actual adjusted premium is handled. The State Treasurer and the
Comptroller General shall pay from the general fund of the State to the
State Workers' Compensation Accident Fund any
necessary funds to cover actual benefit claims paid during any fiscal
year, which exceed the amounts paid in for this purpose by the various
agencies, departments, and institutions. The State Workers'
Compensation Accident Fund shall certify quarterly to the
Budget and Control Board the state's liability for the benefit claims
actually paid to claimants who are employees of any agency or political
subdivision of this State and who are entitled to such payment under
state law. The amount certified must be remitted to the State
Workers' Compensation Accident Fund.
If there are not sufficient funds in the State Workers'
Compensation Accident Fund Trust Account to pay
operating expenses and claims as they arise, the State Treasurer shall,
from the general fund of the State, deposit in the account monthly
sufficient funds to pay expenses and claims required by law to be paid,
but the amount deposited may not exceed the amount of investment
income which the account would have earned from its inception if all
such earnings had been credited to the fund."
SECTION 6. Section 42-7-90 of the 1976 Code is amended to read:
"Section 42-7-90. From the State Workers'
Compensation Accident Fund the following expenditures
are authorized:
(1) For the payment of any award under this article made by the
commission in connection with accidental injury or death of any official
or employee of the State, any county or municipality therein, any
political subdivision thereof or any agency or institution of the State or
a county, municipality, or political subdivision thereof
participating hereunder; or
(2) Any other expenses authorized by law or approved by the
Budget and Control Board."
SECTION 7. Upon the effective date of this act, the State Workers'
Compensation Fund shall be known as the State Accident Fund, and,
other than as provided in Sections 1 through 6 of this act, any other
reference which may be contained in the 1976 Code of Laws or other
statutes to the "State Workers' Compensation Fund" shall be
deemed to mean, and shall be changed to, the "State Accident
Fund".
SECTION 8. All state agencies and departments and all political
subdivisions of the State shall exhaust the use of all current forms,
stationery, and any other printed material reflecting the name,
"State Workers' Compensation Fund".
SECTION 9. This act takes effect July 1, 1993.
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