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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 18, 2005
S. 557
S. Printed 5/18/05--H.
Read the first time April 19, 2005.
To whom was referred a Bill (S. 557) to amend Section 42-1-500, as amended, Code of Laws of South Carolina, 1976, relating to workers' compensation benefits of prisoners in the custody, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The last paragraph of Section 42-7-65 of the 1976 Code, as last amended by Act 259 of 1996, is further amended to read:
"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 and municipal 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." /
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO for Committee.
EXPLANATION OF IMPACT:
The State Accident Fund reports this bill will have no impact on the General Fund of the State, or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Enactment would have minimal impact on local expenditures. The bill does not require municipalities to provide coverage.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY PENAL SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-500 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 42-1-500. A county or municipality, by resolution of its governing body, may elect to cover prisoners in the custody of the county penal system or municipality with workers' compensation benefits in accordance with the provisions of Sections 42-1-480 and 42-1-490. As used in this section, prisoners in the custody of the county include prisoners in the custody of the county sheriff. The appropriate officials shall make arrangements and necessary adjustments in their contributions or premiums to the State Accident Fund or other insurers as the fund or insurers determine necessary to provide compensation for county or municipal prisoners in appropriate cases. The provisions of this section permit workers' compensation coverage only to county or municipal prisoners performing work assigned by penal officials of the county or municipality or engaged in a vocational training program and, further, apply to these prisoners regardless of the length of the sentence to be served.
For the purposes of this section, when a county or municipality elects to cover its prisoners with workers' compensation benefits, the coverage also includes: (a) those prisoners who have been sentenced to the Department of Corrections and who are assigned to a county or municipality, and (b) those prisoners who have been sentenced to the Department of Corrections and who are being used for public service work or related activities while being supervised by the county or municipality."
SECTION 2. This act takes effect upon approval by the Governor.
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