Current Status Introducing Body:
SenateBill Number: 231Ratification Number: 41Act Number: 16Primary Sponsor: PopeType of Legislation: GBSubject: Workers' compensation, prisonersDate Bill Passed both Bodies: Mar 21, 1991Computer Document Number: 231Governor's Action: SDate of Governor's Action: Apr 09, 1991Introduced Date: Jan 08, 1991Date of Last Amendment: Jan 23, 1991Last History Body: ------Last History Date: Apr 09, 1991Last History Type: Act No. 16Scope of Legislation: StatewideAll Sponsors: PopeType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 231 ------ Apr 09, 1991 Act No. 16 231 ------ Apr 09, 1991 Signed by Governor 231 ------ Apr 03, 1991 Ratified R 41 231 House Mar 21, 1991 Read third time, enrolled for ratification 231 House Mar 20, 1991 Read second time 231 House Mar 06, 1991 Committee Report: Favorable 26 231 House Feb 05, 1991 Referred to Committee 26 231 House Feb 05, 1991 Recalled from Committee 25 231 House Jan 29, 1991 Introduced, read first time, 25 referred to Committee 231 Senate Jan 23, 1991 Amended, read third time, sent to House 231 Senate Jan 17, 1991 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments 231 Senate Jan 16, 1991 Committee Report: Favorable 11 231 Senate Jan 08, 1991 Introduced and read first 11 time, referred to Committee 231 Senate Oct 08, 1990 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
(A16, R41, S231)
AN ACT TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED; AND TO AMEND SECTION 42-7-65, RELATING TO THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO ADD VOLUNTEER DEPUTY SHERIFFS TO THE COVERAGE OF THIS SECTION, PROVIDE THAT FOR THIS GROUP THE TOTAL AVERAGE WEEKLY WAGE IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, PROVIDE THAT A VOLUNTEER DEPUTY SHERIFF IS A VOLUNTEER WHOSE MEMBERSHIP IS CERTIFIED BY THE SHERIFF TO THE GOVERNING BODY OF THE COUNTY, PROHIBIT THE INCLUSION OF VOLUNTEER DEPUTY SHERIFFS UNDER THE PROVISIONS OF TITLE 42 UNLESS APPROVED BY THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY, AND PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR COUNTY PRISONERS IS FORTY DOLLARS A WEEK.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-500 of the 1976 Code is amended to read:
"Section 42-1-500. A county by resolution of its governing body may elect to cover prisoners in the custody of the county penal system with workers' compensation benefits in accordance with the provisions of Sections 42-1-480 and 42-1-490. The appropriate officials shall make arrangements and necessary adjustments in their contributions or premiums to the state fund or other insurers as the fund or insurers determine necessary to provide compensation for county prisoners in appropriate cases. The provisions of this section permit workers' compensation coverage only to county prisoners performing work assigned by penal officials of the county or engaged in a vocational training program and, further, apply to these prisoners regardless of the length of the sentence to be served.
Volunteer deputy sheriffs; county prisoners
SECTION 2. Section 42-7-65 of the 1976 Code is 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, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.
(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.
(4) For all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), (3), and (4) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), and (4) must be notified of the limitation on average weekly wages prescribed in this section 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. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No organized volunteer firemen, rescue squad members, or volunteer deputy sheriff 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 a week. The average weekly wage for county prisoners is forty dollars a 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."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 9th day of April, 1991.