South Carolina General Assembly
117th Session, 2007-2008

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Bill 4138


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 1-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIABILITY INSURANCE PROVIDED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO AUTHORIZE THE BOARD TO PROVIDE INSURANCE TO PUBLIC DEFENDER CORPORATIONS; TO AMEND SECTIONS 1-11-720 AND 9-1-10, BOTH AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ADD PUBLIC DEFENDER CORPORATIONS TO THOSE ENTITIES WHOSE EMPLOYEES MAY PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE A PUBLIC DEFENDER CORPORATION WITHIN THE DEFINITION OF POLITICAL SUBDIVISIONS.

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

SECTION    1.    Section 1-11-140 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )    The State Budget and Control Board, through the Office of Insurance Services, may provide insurance to a public defender corporation established pursuant to Section 17-3-60."

SECTION    2.    Section 1-11-720(A) of the 1976 Code, as last amended by Act 316 of 2006, is further amended by adding an appropriately numbered item at the end to read:

"( )    a public defender corporation established pursuant to Section 17-3-60."

SECTION    3.    A.    Section 9-1-10(11) of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding an appropriately lettered subitem at the end to read:

"( )    an employee of a public defender corporation established pursuant to Section 17-3-60."

B.    Section 9-1-10(14) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(14)    'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services, and a public defender corporation established pursuant to Section 17-3-60."

SECTION    4.    Section 15-78-30(h) of the 1976 Code is amended to read:

"(h)    'Political subdivision' means the counties, municipalities, school districts, a regional transportation authority established pursuant to Chapter 25 of Title 58, and an operator as defined in item (8) of Section 58-25-20 which provides public transportation on behalf of a regional transportation authority, and special purpose districts of the State and any agency, governmental health care facility, department, or subdivision thereof; and includes a public defender corporation established pursuant to Section 17-3-60."

SECTION    5.    This act takes effect upon approval by the Governor.

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