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Current Status Bill Number:View additional legislative information at the LPITS web site.3187 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:Knotts All Sponsors:Knotts, Quinn, Whatley, Bauer, Scott, Cotty, Wilkes, Cato, Harvin, Stuart, Edge Drafted Document Number:l:\council\bills\nbd\11079jm99.doc Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Volunteer state constables, medical and health insurance services, workers' compensation law, Law Enforcement History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990112 Introduced, read first time, 30 HWM referred to Committee House 19990106 Prefiled, referred to Committee 30 HWM Versions of This Bill
TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE CERTAIN INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE INSURANCE FOR STATE CONSTABLES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 23-1-230 SO AS TO PROVIDE THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION WITH REGULATORY CONTROL AND APPROVAL OVER TRAINING PROGRAMS FOR VOLUNTEER STATE CONSTABLES, 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE AND FOR TRAINING AND EQUIPMENT FOR VOLUNTEER STATE CONSTABLES MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION, AND 23-1-250 SO AS TO AUTHORIZE VOLUNTEER STATE CONSTABLES WITH APPROPRIATE TRAINING TO UTILIZE EMERGENCY LIGHTS AND AUDIBLE SIGNALS IN PRIVATELY OWNED MOTOR VEHICLES AND TO OPERATE AUTHORIZED EMERGENCY VEHICLES WHEN RESPONDING TO EMERGENCY CALLS; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, AND PROVIDE THAT A VOLUNTEER STATE CONSTABLE SERVING WITHOUT COMPENSATION IS A VOLUNTEER WHOSE APPOINTMENT IS CERTIFIED BY THE STATE LAW ENFORCEMENT DIVISION AS HAVING COMPLETED THE REQUISITE TRAINING TO MAINTAIN AN ACTIVE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-11-140 of the 1976 Code, as last amended by Section 87, Part II of Act 145 of 1995, is further amended by adding:
"(H) The board, through the Office of Insurance Services, is further authorized to provide insurance for state constables to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity."
SECTION 2. The 1976 code is amended by adding:
"Section 23-1-230. The chief of the State Law Enforcement Division shall have regulatory control and approval over training programs for volunteer state constables. The State Law Enforcement Division may classify state constables according to their degree of training and designate which classes of constables may augment full-time law enforcement, exercise autonomous emergency powers of arrest, and operate as highly-specialized, rapid-response law enforcement units to reinforce existing full-time law enforcement agencies.
Section 23-1-240. Monies for the premiums for tort liability insurance for state constables obtained through the Office of Insurance Services of the Budget and Control Board and for workers' compensation insurance and for training and equipment for volunteer state constables must be provided by appropriations to the State Law Enforcement Division, including federal funds which may be available for these purposes.
Section 23-1-250. Volunteer state constables with appropriate training, and so classified by the State Law Enforcement Division, are authorized to utilize emergency lights and audible signals in privately owned motor vehicles in accordance with Section 56-5-760 and to operate authorized emergency vehicles when responding to emergency calls."
SECTION 3. The 1976 Code is amended by adding:
"Section 42-1-135. The term 'employee' as used in Section 42-1-130 includes all South Carolina state constables while performing duties in connection with their appointment."
SECTION 4. Section 42-7-65 of the 1976 Code, as last amended by Section 24A, Part II, Act 419 of 1998, 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, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.
(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.
(4) For all volunteer state constables serving without compensation and for all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), (3), and (4) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), and (4) must be notified of the limitation on average weekly wages prescribed in this section 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. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage. A volunteer state constable serving without compensation is a volunteer whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.
The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school to work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."
SECTION 5. This act takes effect upon approval by the Governor.
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