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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 110

STATUS INFORMATION

General Bill
Sponsors: Senators Malloy and Rose
Document Path: l:\council\bills\ggs\22671zw113.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on General

Summary: S.C. State Guard


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/1/2010   Senate   Prefiled
 12/1/2010   Senate   Referred to Committee on General
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 52)
 1/11/2011   Senate   Referred to Committee on General (Senate Journal-page 52)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/1/2010
 1
 2
 3
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 5
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 7
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 9                           A BILL
10
11   TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH
12   CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF
13   THE SOUTH CAROLINA STATE GUARD, SO AS TO
14   AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH
15   AN EMERGENCY AIR WING WITHIN THE STATE GUARD
16   AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF
17   THE EMERGENCY AIR WING AND FOR THE LIABILITY OF
18   AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN
19   THE EMERGENCY AIR WING; TO AMEND SECTION
20   15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO
21   LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO
22   PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE
23   OPERATED FOR TRAINING OR DUTY BY THE
24   EMERGENCY AIR WING OF THE STATE GUARD SHALL
25   CONVEY LIABILITY UPON THE SOUTH CAROLINA
26   NATIONAL GUARD, SOUTH CAROLINA STATE GUARD,
27   OR STATE OF SOUTH CAROLINA ONLY AFTER THE
28   REQUIRED LIABILITY INSURANCE ON THE VEHICLE OR
29   AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND
30   SECTION      42-7-50, RELATING    TO    POLITICAL
31   SUBDIVISIONS AND OTHER ENTITIES WHICH MAY
32   PARTICIPATE IN THE WORKERS’ COMPENSATION
33   INSURANCE PROGRAM, SO AS TO PROVIDE THAT
34   RECOVERY OF WORKERS’ COMPENSATION BENEFITS
35   BY MEMBERS OF THE EMERGENCY AIR WING OF THE
36   SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE
37   FROM THE GENERAL FUND OF THE STATE OF SOUTH
38   CAROLINA.
39
40   Be it enacted by the General Assembly of the State of South
41   Carolina:
42

     [110]                        1
 1   SECTION 1. Section 25-3-10 of the 1976 Code is amended to
 2   read:
 3
 4      “Section 25-3-10. (A) A South Carolina State Guard is hereby
 5   established. Such This force shall be is additional to and distinct
 6   from the National Guard and shall must be known as the South
 7   Carolina State Guard. The Adjutant General shall organize and
 8   maintain within the State, under such regulations as the Secretary
 9   of the Army may prescribe for discipline and training, the South
10   Carolina State Guard with such table of organization and
11   equipment as the Adjutant General may deem considers necessary.
12      (B) The Adjutant General is further authorized to organize and
13   maintain within the State an organization known as the Emergency
14   Air Wing of the South Carolina State Guard. The organization
15   shall consist of volunteer pilots and flight ground crews interested
16   in providing emergency air support with airplanes owned by
17   private citizens. The Adjutant General shall devise a table of
18   organization, equipment, and regulations to facilitate the purposes
19   of the Emergency Air Wing. The Adjutant General is responsible
20   for training and deciding what duties, responsibilities, and
21   activities the group shall provide in both planes and personnel.
22   The Adjutant General is authorized to prescribe a distinct uniform
23   for the Emergency Air Wing group separate from that of the State
24   Guard. Each airplane participating in any activity of the
25   Emergency Air Wing must have no less than one million dollars in
26   liability insurance as primary coverage in the event of any claim
27   resulting from any training or duty activity. Liability to the South
28   Carolina National Guard and the State of South Carolina under the
29   South Carolina Tort Claims Act is secondary.”
30
31   SECTION 2. Section 15-78-60(19) of the 1976 Code is amended
32   to read:
33
34      “(19) emergency preparedness activities and activities of the
35   South Carolina National Guard and South Carolina State Guard
36   while engaged in state or federal training or duty. This exemption
37   does not apply to vehicular accidents. The use of any vehicle or
38   airplane operated for training or duty by the Emergency Air Wing
39   of the State Guard shall convey liability upon the South Carolina
40   National Guard, South Carolina State Guard, or the State of South
41   Carolina only after the required liability insurance on the vehicle
42   or airplane has been fully applied;”
43

     [110]                            2
 1   SECTION 3. Section 42-7-50 of the 1976 Code is amended to
 2   read:
 3
 4      “Section 42-7-50. Any county or municipality in the State or
 5   any agency or institution thereof of the State shall have has the
 6   option of participating under the provisions of this article, but no
 7   county, municipality, agency, or institution thereof of the State
 8   shall may be covered by the workers’ compensation insurance
 9   provided in this article until payment of the annual charge
10   provided in this title shall have been made to the fund, nor shall
11   any and no county, municipality, agency, or institution thereof of
12   the State may be covered by this insurance after the lapse of the
13   period for which the annual charge has been paid. The director
14   shall notify each county, municipality, agency, or institution
15   thereof of the State at least thirty days before the expiration date of
16   its coverage in order that the county, municipality, agency, or
17   institution may keep its insurance in force continuously. Recovery
18   of workers’ compensation benefits by members of the Emergency
19   Air Wing of the South Carolina State Guard must be payable from
20   the general fund of the State.”
21
22   SECTION 4. This act takes effect upon approval by the Governor.
23                            ----XX----
24




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