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A80, R94, S135
STATUS INFORMATION
General Bill
Sponsors: Senator Gregory
Document Path: l:\s-res\ckg\002cons.mrh.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on February 16, 2005
Passed by the General Assembly on May 20, 2005
Became law without Governor's signature, May 31, 2005
Summary: Workers' compensation premiums for constables to be paid from general fund
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2004 Senate Prefiled
12/15/2004 Senate Referred to Committee on Judiciary
1/11/2005 Senate Introduced and read first time SJ-148
1/11/2005 Senate Referred to Committee on Judiciary SJ-148
2/9/2005 Senate Committee report: Favorable Judiciary SJ-20
2/10/2005 Senate Read second time SJ-22
2/15/2005 Senate Read third time and sent to House SJ-11
2/16/2005 House Introduced and read first time HJ-13
2/16/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-14
5/18/2005 House Committee report: Favorable Labor, Commerce and Industry
HJ-52
5/19/2005 House Read second time HJ-74
5/19/2005 House Unanimous consent for third reading on next legislative
day HJ-75
5/20/2005 House Read third time and enrolled HJ-6
5/24/2005 Ratified R 94 SJ-28
5/31/2005 Became law without Governor's signature
6/2/2005 Copies available
6/2/2005 Effective date 05/31/05
6/7/2005 Act No. 80
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A80, R94, S135)
AN ACT TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Premiums of workers' compensation for constable
SECTION 1. Section 42-7-65 of the 1976 Code, as last amended by Act 339 of 2002, 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;
(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; and
(5) for all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division, 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), (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), (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' 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 volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 must be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division. The workers' compensation premiums for these constables must be paid from the state general fund upon warrant of the Chief of the State Law Enforcement Division. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.
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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 24th day of May, 2005.
Became law without the signature of the Governor -- 5/31/05.
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