Current Status Bill Number:3602 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970306 Primary Sponsor:Sheheen All Sponsors:Sheheen, F. Smith, Rice, Howard, Scott, Koon, Delleney, Littlejohn, Cooper, Canty, Boan, Walker, Haskins, Knotts, McLeod, Wilder, Limbaugh, Maddox and Jordan Drafted Document Number:bbm\9219jm.97 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation, average weekly wage, benefits; volunteer firemen, Fire
Body Date Action Description Com Leg Involved
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House 19970306 Introduced, read first time, 26 HLCI
referred to Committee
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TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF COMPUTING WORKERS' COMPENSATION BENEFITS, SO AS TO CHANGE THE PROVISIONS REGARDING THE AVERAGE WEEKLY WAGE FOR VOLUNTEER FIREMEN.
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:
(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 Notwithstanding any other provision of this section, the total average weekly wage for a voluntary fireman of an organized voluntary rural fire unit and for a voluntary municipal fireman is the average weekly wage established and computed for his regular employment in accordance with Section 42-1-40.
(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, 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.