South Carolina General Assembly
112th Session, 1997-1998

Bill 3328


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3328
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970129
Primary Sponsor:                   Sharpe 
All Sponsors:                      Sharpe 
Drafted Document Number:           bbm\9086jm.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Workers' compensation,
                                   hazardous materials-spill response
                                   team volunteer member, weekly wage;
                                   Hazardous Waste



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970424  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970423  Read third time, sent to Senate
House   19970422  Read second time
House   19970416  Committee report: Favorable              26 HLCI
House   19970129  Introduced, read first time,             26 HLCI
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 16, 1997

H. 3328

Introduced by Rep. Sharpe

S. Printed 4/16/97--H.

Read the first time January 29, 1997.

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (H. 3328), to amend Section 42-7-65, as amended, Code of Laws of South Carolina, 1976, relating to the Workers' Compensation Law, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

HARRY F. CATO, for Committee.

A BILL

TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR THE TOTAL AVERAGE WEEKLY WAGE OF MEMBERS OF ORGANIZED VOLUNTEER HAZARDOUS MATERIALS-SPILL RESPONSE TEAMS AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

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

SECTION 1. Section 42-7-65 of the 1976 Code, as last amended by Act 259 of 1996, is further 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 for all:

(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.;

(5) members of organized volunteer hazardous materials-spill response teams, thirty-seven and one-half percent of the average weekly wage in this State for the preceding fiscal year.

The wages provided in items (2), (3), and (4), and (5) 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), and (5) 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, and hazardous materials-spill response teams 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, or volunteer hazardous materials-spill response team member 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, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school to work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."

SECTION 2. This act takes effect upon approval by the Governor.

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