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Bill Number: 2675 Ratification Number: 386 Act Number 367 Introducing Body: House Subject: Reduction of claims or awards
(A367, R386, H2675)
AN ACT TO AMEND SECTION 16-3-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSUFFICIENT FUNDS IN THE CRIME VICTIM'S COMPENSATION FUND FOR THE PAYMENT OF CLAIMS OR AWARDS, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE ON A PRO RATA BASIS CLAIMS OR AWARDS FROM THE FUND WHEN PROJECTED REVENUE IN ANY FISCAL YEAR IS INSUFFICIENT TO PAY PROJECTED CLAIMS OR AWARDS; AND TO AMEND SECTION 16-3-1560, RELATING TO LICENSED HEALTH CARE FACILITIES BEING REIMBURSED FOR THE COST OF MEDICAL EXAMINATIONS FOR VICTIMS OF CRIMINAL SEXUAL CONDUCT OR CHILD SEXUAL ABUSE, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE THESE REIMBURSEMENTS ON A PRO RATA BASIS IF THE AMOUNT OF PROJECTED REIMBURSEMENT FUNDS EXCEEDS THE AMOUNT OF PROJECTED REIMBURSEMENT COSTS.
Be it enacted by the General Assembly of the State of South Carolina:
Reduction of claims or awards
SECTION 1. Section 16-3-1330 of the 1976 Code is amended to read:
"Section 16-3-1330. When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided herein, he shall reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order.
Any award hereunder is specifically not a claim against the State if it cannot be paid due to a lack of funds in the Victim's Compensation Fund."
Reduction of reimbursements
SECTION 2. Section 16-3-1560 of the 1976 Code is amended by adding:
"( ) When the director determines that projected reimbursements in any fiscal year provided for in this section will exceed funds appropriated for payment of these reimbursements, he shall reduce the amount of each reimbursement by an amount equal to the ratio of available appropriated funds to the total projected reimbursements cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims not paid as of the effective date of the reductions order."
SECTION 3. This act takes effect upon approval by the Governor.