Bill Text: NJ A1148 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires school districts to maintain and pay premiums for student accident insurance.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Education Committee [A1148 Detail]
Download: New_Jersey-2018-A1148-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman ARTHUR BARCLAY
District 5 (Camden and Gloucester)
SYNOPSIS
Requires school districts to maintain and pay premiums for student accident insurance.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning student accident insurance, amending N.J.S.18A:43-1 and N.J.S.18A:43-3, and repealing N.J.S.18A:43-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:43-1 is amended to read as follows:
18A:43-1. The board of education in any school district [may] shall arrange for and maintain, and [may] shall pay the premiums for policies of accident insurance with any insurance company created by or under the laws of this State or authorized by law to transact business in this State, to provide for payments to pupils of the school district in connection with loss resulting from bodily injury sustained by such pupils through accidental means while participating in, practicing or training for, or during transportation to or from [games or contests] interscholastic athletics programs and intramural sports programs conducted by the school district, or by any school of the district, or with the consent of the board of education or of the school and under the supervision of an employee of the board of education, and for payments to pupils injured in connection either with the conduct of the regular curricular and extra-curricular programs of the district or with student travel to and from the places where such programs are conducted and which travel is made necessary by such programs.
(cf: P.L.1975, c.233, s.1)
2. N.J.S.18A:43-3 is amended to read as follows:
18A:43-3. The provisions of this chapter shall not be construed to impose any liability on the part of a board of education for injury sustained by a pupil as a result of or in connection with [any of the games or contests hereinabove mentioned] interscholastic athletics programs or intramural sports programs, or as a result of or in connection with the conduct of [the physical education program of the school district or of any school] regular curricular or extracurricular programs of the district.
(cf: N.J.S.18A:43-3)
3. N.J.S.18A:43-2 is repealed.
4. This act shall take
effect immediately and shall first be applicable to the first full school year
following the date of enactment.
STATEMENT
Under current law, a school district may arrange for and maintain accident insurance to provide for payments to pupils for bodily injury sustained by the pupil as a result of participation in sports programs or regular curricular or extracurricular programs. Also under existing law, a school district may pay the premiums for that coverage or may require that each pupil's parent or guardian pay a proportionate share of the premium. These accident insurance policies are usually secondary insurance in that they cover the medical costs that are not completely covered by the insurance held by the pupil's parent or guardian.
This bill will require school districts to maintain and pay the premiums for accident insurance to cover the costs of bodily injury sustained by pupils participating in an interscholastic athletics program or intramural sports program or sustained while participating in any other extracurricular program or regular curricular program. The bill repeals N.J.S.18A:43-2 which allows a school district to require that a pupil's parent or guardian pay a proportionate share of the premium of accident insurance maintained by the school district.
Pupils who participate in interscholastic athletics programs, intramural sports programs, and other extracurricular programs or regular curricular programs are exposed to the risk to bodily injury, and school districts have a responsibility to provide adequate insurance protection for their pupils in the event of an injury.
