H*2910 Session 105 (1983-1984)
H*2910(Rat #0496, Act #0424 of 1984) General Bill, By F.X. Archibald
A Bill to amend Section 1-11-40, as amended, Code of Laws of South Carolina,
1976, relating to the authority of the State Budget and Control Board to
provide insurance for public entities and employees, so as to authorize the
Board to provide insurance to students in high schools, state technical
schools, and state-supported colleges and universities who participate in work
study, distributive education, or apprenticeship programs on the premises of
private companies and to require that the premiums must be paid by the fees of
participating students, and to amend Sections 42-7-60 and 42-7-65, both as
amended, relating to coverage of officers and employees by the State Workers'
Compensation Fund and the average weekly wage for categories of employees, so
as to extend coverage to students in high schools, state technical schools,
and state-supported colleges and universities while participating in work
programs on the premises of private companies and to set the weekly wage for
participating students for purposes of Workers' Compensation at fifty percent
of the of the state average weekly wage in the preceding fiscal year.-amended
title
04/14/83 House Introduced and read first time HJ-2211
04/14/83 House Referred to Committee on Labor, Commerce and
Industry HJ-2211
05/31/83 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3265
06/02/83 House Recommitted to Committee on Labor, Commerce and
Industry HJ-3443
04/11/84 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-2309
04/17/84 House Amended HJ-2430
04/17/84 House Read second time HJ-2433
04/18/84 House Read third time and sent to Senate HJ-2470
04/18/84 Senate Introduced and read first time SJ-1439
04/18/84 Senate Referred to Committee on Judiciary SJ-1439
04/25/84 Senate Committee report: Favorable with amendment
Judiciary SJ-1522
05/10/84 Senate Amended SJ-1778
05/10/84 Senate Read second time SJ-1778
05/10/84 Senate Ordered to third reading with notice of
amendments SJ-1778
05/24/84 Senate Read third time SJ-1920
05/24/84 Senate Returned SJ-1920
05/29/84 House Concurred in Senate amendment and enrolled HJ-3437
05/31/84 Ratified R 496
06/01/84 Signed By Governor
06/01/84 Effective date 06/01/84
06/01/84 Act No. 424
06/18/84 Copies available
(A424, R496, H2910)
AN ACT TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE
INSURANCE FOR PUBLIC ENTITIES AND EMPLOYEES, SO AS TO AUTHORIZE THE BOARD TO
PROVIDE INSURANCE TO STUDENTS IN HIGH SCHOOLS, STATE TECHNICAL SCHOOLS, AND
STATE-SUPPORTED COLLEGES AND UNIVERSITIES WHO PARTICIPATE IN WORK STUDY,
DISTRIBUTIVE EDUCATION, OR APPRENTICESHIP PROGRAMS ON THE PREMISES OF PRIVATE
COMPANIES AND TO REQUIRE THAT THE PREMIUMS MUST BE PAID BY THE FEES OF
PARTICIPATING STUDENTS, AND TO AMEND SECTIONS 42-7-60 AND 42-7-65, BOTH AS
AMENDED, RELATING TO COVERAGE OF OFFICERS AND EMPLOYEES BY THE STATE WORKERS'
COMPENSATION FUND AND THE AVERAGE WEEKLY WAGE FOR CATEGORIES OF EMPLOYEES, SO AS
TO EXTEND COVERAGE TO STUDENTS IN HIGH SCHOOLS, STATE TECHNICAL SCHOOLS, AND
STATE-SUPPORTED COLLEGES AND UNIVERSITIES WHILE PARTICIPATING IN WORK PROGRAMS
ON THE PREMISES OF PRIVATE COMPANIES AND TO SET THE WEEKLY WAGE FOR PARTICIPATING
STUDENTS FOR PURPOSES OF WORKERS' COMPENSATION AT FIFTY PERCENT OF THE STATE
AVERAGE WEEKLY WAGE IN THE PRECEDING FISCAL YEAR.
Be it enacted by the General Assembly of the State of South Carolina:
Division of General Services authorized to provide insurance
SECTION 1. Section 1-11-140 of the 1976 Code, as last amended by Act 77 of 1979,
is further amended to read:
"Section 1-11-140. The State Budget and Control Board, through the
Division of General Services, is authorized to provide insurance for the State,
its departments, agencies, institutions, commissions, boards and the personnel
employed by the State in its departments, agencies, institutions, commissions and
boards so as to protect the State against tort liability and to protect these
personnel against tort liability arising in the course of their employment. The
insurance may also be provided for physicians or dentists employed by the State,
its departments, agencies, institutions, commissions or boards against any tort
liability arising out of the rendering of any professional services as a
physician or dentist for which no fee is charged or professional services
rendered of any type whatsoever so long as any fees received are directly payable
to the employer of a covered physician or dentist; provided, any insurance
coverage provided by the Budget and Control Board may be on the basis of claims
made or upon occurrences. The insurance may also be provided for students of
high schools, South Carolina Technical Schools, or state-supported colleges and
universities while these students are engaged in work study, distributive
education, or apprentice programs on the premises of private companies. Premiums
for the insurance must be paid from appropriations to or funds collected by the
various entities, except that in the case of the above-referenced students in
which case the premiums must be paid from fees paid by students participating in
these training programs. The Board has the exclusive control over the
investigation, settlement, and defense of claims against the various entities and
personnel for whom it provided insurance coverage and may promulgate regulations
in connection therewith.
Any political subdivision of the State, including, without limitation,
municipalities, counties and school districts, may procure the insurance for
itself and for its employees in the same manner provided for the procurement of
this insurance for the State, its entities and its employees.
The procurement of tort liability insurance in the manner provided is the
exclusive means for the procurement of this insurance.
The State Budget and Control Board, through the Division of General Services,
is also authorized to offer insurance to governmental hospitals and chartered,
nonprofit, eleemosynary hospitals in this State so as to protect these hospitals
against tort liability. Notwithstanding any other provision of this section, the
procurement of tort liability insurance by a hospital supported wholly or
partially by public funds contributed by the State or any of its political
subdivisions in the manner herein provided is not the exclusive means by which
the hospital may procure tort liability insurance.
The State Budget and Control Board, through the Division of General Services,
is authorized to provide insurance for duly appointed members of the boards and
employees of Health System Agencies, and for members of the State Health
Coordinating Council which are created pursuant to Public Law 93-641."
Applicability of article
SECTION 2. Section 42-7-60 of the 1976 Code, as last amended by Act 275 of 1982,
is further amended to read:
"Section 42-7-60. Notwithstanding anything to the contrary contained in
Section 42-1-130, the provisions of this article apply to all officers and
employees of the State and of any county, municipality, or other political
subdivision thereof or any agency or institution of the State which has elected
to participate under this article under the provisions of Section 42-7-50.
In cases of officers or employees who are on a partial or total fee basis or
whose official duties require only part time the director may fix, for the
purpose of this article, the average weekly wage of this officer or employee, not
in excess of forty dollars and collect charges from the employer of this officer
or employee on the basis of the average weekly wage so fixed.
Any client of the State Agency of Vocational Rehabilitation, while involved in
a program of assessment or work adjustment as defined in this section, who
suffers an injury for which compensation is specifically prescribed in this
title, may be awarded and paid compensation under the provisions of this title.
For purposes of this section, 'a client involved in a program of assessment or
work adjustment' is defined as any client performing work tasks which are part
of the program of Vocational Rehabilitation services for the individual and who
in turn receives wage payments from the agency for the work performed.
Students of high schools, state technical schools, and state-supported colleges
and universities while engaged in work study, distributive education, or
apprentice programs on the premises of private companies are also covered by the
provisions of this title."
Total average weekly wage
SECTION 3. Section 42-7-65 of the 1976 Code, as last amended by Act 92 of 1983,
is further amended to read:
"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for
the purpose of this title and while serving in this capacity, the total average
weekly wage of the following categories of employees is the following:
(1) For all members of the State and National Guard, regardless of rank,
seventy-five percent of the average weekly wage in the State for the preceding
fiscal year.
(2) For all voluntary firemen of organized voluntary rural fire units and
voluntary municipal firemen, thirty-seven and one-half percent of the average
weekly wage in the State for the preceding fiscal year.
(3) For all members of organized volunteer rescue squads, thirty-seven and
one-half percent of the average weekly wage in the State for the preceding fiscal
year.
This wage may not be increased as a basis for any computation of benefits
because of employment other than for the Guard or as a volunteer. Persons in
these categories must be notified of the limitation on average weekly wages
prescribed herein by the authority responsible for obtaining coverage under this
title.
Volunteer firemen and rescue squad members are construed to mean members of
organized units whose membership is certified to the municipal clerk or chairman
of the council of the municipality or county in which their unit is based by the
chief officer of the unit concerned. Provided, that no organized volunteer
firemen or rescue squad members may be included under the provisions of this
title unless approved by the governing body of the county or municipality.
The average weekly wage for inmates of the State Department of Corrections as
defined in Section 42-1-480 is forty dollars per week. The average weekly wage
for students of high schools, state technical schools, and state-supported
colleges and universities while engaged in work study, distributive education,
or apprentice programs on the premises of private companies is fifty percent of
the average, weekly wage in the State for the preceding fiscal year."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |