Bill 2910

                    Current Status

Bill Number:               2910
Ratification Number:       496
Act Number:                424
Introducing Body:          House
Subject:                   Relating to the authority of the State
                           Budget and Control Board to provide insurance
                           for public entities and employees

(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.