Current Status Introducing Body:House Bill Number:3411 Primary Sponsor:T.C. Alexander Type of Legislation:GB Subject:State Accident Fund named Residing Body:House Date Tabled:19940113 Computer Document Number:BBM/10116JM.93 Introduced Date:19930204 Last History Body:House Last History Date:19940113 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:T.C. Alexander M.O. Alexander Gamble R. Smith A. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3411 House 19940113 Tabled
3411 House 19930309 Debate adjourned until
Wednesday, March 10, 1993
3411 House 19930308 Debate adjourned until
Tuesday, March 9, 1993
3411 House 19930303 Committee Report: majority 26
favorable, minority
unfavorable
3411 House 19930204 Introduced, read first time, 26
referred to Committee
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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.
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
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.
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.