2005-2006 Bill 4938: Emergency Air Wing Established - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

R317, H4938

STATUS INFORMATION

General Bill

Sponsors: Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J.E.Smith

Document Path: l:\council\bills\gjk\21027sd06.doc

Companion/Similar bill(s): 1337

Introduced in the House on April 4, 2006

Introduced in the Senate on April 26, 2006

Last Amended on April 25, 2006

Passed by the General Assembly on May 9, 2006

Governor's Action: May 24, 2006, Vetoed

Legislative veto action(s): Veto sustained

Summary: Emergency Air Wing established

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

4/4/2006HouseIntroduced and read first time HJ4

4/4/2006HouseReferred to Committee on Ways and MeansHJ4

4/18/2006HouseMember(s) request name added as sponsor: Coates

4/20/2006HouseCommittee report: Favorable with amendment Ways and MeansHJ10

4/25/2006HouseMember(s) request name added as sponsor: J.E.Smith

4/25/2006HouseAmended HJ102

4/25/2006HouseRead second time HJ106

4/26/2006HouseRead third time and sent to Senate HJ20

4/26/2006SenateIntroduced and read first time SJ16

4/26/2006SenateReferred to Committee on GeneralSJ16

5/4/2006SenateCommittee report: Favorable GeneralSJ16

5/8/2006SenateRead second time SJ40

5/9/2006SenateRead third time and enrolled SJ4

5/18/2006Ratified R 317

5/24/2006Vetoed by Governor

5/30/2006HouseDebate adjourned on veto consideration HJ33

5/31/2006HouseVeto overridden by originating body Yeas101 Nays10 HJ41

5/31/2006SenateVeto sustained Yeas29 Nays15

5/31/2006SenateReconsider vote whereby veto was sustained

6/1/2006SenateVeto sustained Yeas24 Nays14

VERSIONS OF THIS BILL

4/4/2006

4/20/2006

4/25/2006

5/4/2006

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R317, H4938)

AN ACT TO AMEND SECTION 25310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 157860, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 42750, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS’ COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS’ COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE STATE ACCIDENT FUND.

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

Emergency Air Wing

SECTION1.Section 25310 of the 1976 Code is amended to read:

“Section 25310.(A)A South Carolina State Guard is hereby established. Such force shall be additional to and distinct from the National Guard and shall be known as the South Carolina State Guard. The Adjutant General shall organize and maintain within the State, under such regulations as the Secretary of the Army may prescribe for discipline and training, the South Carolina State Guard with such table of organization and equipment as the Adjutant General may deem necessary.

(B)The Adjutant General, at his discretion, is further authorized to organize and maintain within the State of South Carolina an organization known as the Emergency Air Wing of the South Carolina State Guard. The organization shall consist of volunteer pilots and flight ground crews interested in providing emergency air support with airplanes owned by private citizens. The Adjutant General shall devise a table of organization, equipment, and regulations to facilitate the purposes of the Emergency Air Wing. The Adjutant General shall be responsible for training and deciding what duties, responsibilities, and activities the group shall provide in both planes and personnel. The Adjutant General is authorized to prescribe a distinct uniform for the Emergency Air Wing Group separate from that of the National Guard. Each airplane participating in any activity of the Emergency Air Wing shall be required to have no less than one million dollars in liability insurance and shall list the Adjutant General as an additional insured to ensure that in the event of any claim resulting from any training or duty activity insurance is available to compensate for damages up to the caps provided by the South Carolina Tort Claims Act.”

Liability exceptions

SECTION2.Section 157860(19) of the 1976 Code is amended to read:

“(19)emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular or airplane accidents;”

Recovery of benefits

SECTION3.Section 42750 of the 1976 Code is amended to read:

“Section 42750.Any county or municipality in the State or any agency or institution of the State shall have the option of participating under the provisions of this article but no county, municipality, agency, or institution of the State shall be covered by the workers’ compensation insurance provided in this article until payment of the annual charge provided in this title shall have been made to the fund, nor shall any county, municipality, agency, or institution of the State be covered by this insurance after the lapse of the period for which the annual charge has been paid. The director shall notify each county, municipality, agency, or institution of the State at least thirty days before the expiration date of its coverage in order that the county, municipality, agency, or institution may keep its insurance in force continuously. Recovery of workers’ compensation benefits by members of the Emergency Air Wing of the South Carolina State Guard shall be payable from the State Accident Fund of the State of South Carolina.”

Time effective

SECTION4.This act takes effect upon approval by the Governor.

Ratified the 18th day of May, 2006.

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President of the Senate

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Speaker of the House of Representatives

Approved the ______day of ______2006.

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Governor