South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

S. 1028

STATUS INFORMATION

General Bill
Sponsors: Senator McConnell
Document Path: l:\council\bills\agm\19019mm08.doc

Introduced in the Senate on January 24, 2008
Currently residing in the Senate Committee on Judiciary

Summary: Workers' compensation

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/24/2008  Senate  Introduced and read first time SJ-4
   1/24/2008  Senate  Referred to Committee on Judiciary SJ-4
    2/5/2008  Senate  Referred to Subcommittee: Martin (ch), Hutto, Ritchie, 
                        Lourie

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/24/2008

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-365 SO AS TO EXCEPT AN EMPLOYEE FROM WORKERS' COMPENSATION BENEFITS IF THE EMPLOYEE'S PRESENCE IN THE UNITED STATES IS UNLAWFUL, TO PROVIDE THAT AN EMPLOYER WHO UNDERTAKES THE EMPLOYMENT OF A PERSON WHOSE PRESENCE HE KNOWS IS UNLAWFUL IS NOT COVERED BY THE WORKERS' COMPENSATION PROVISIONS, AND TO REQUIRE THAT THE EMPLOYER PERSONALLY BEAR THE COSTS OF THE EMPLOYEE'S INJURY IN THAT INSTANCE.

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

SECTION    1.    Chapter 1, Title 42 of the 1976 Code is amended by adding:

"Section 42-1-365.    (A)    This title does not apply to an employee whose presence in the United States is unlawful.

(B)    An employer who undertakes the employment of a person whose presence in the United States he knows is unlawful is considered to have rejected the terms of this title and may not avail himself of the:

(1)    protection of its exclusivity of remedies; or

(2)    the common law defenses of contributory negligence, negligence of a fellow servant, and assumption of risk.

(C)    If the commissioner determines that an employer knowingly hired an employee in violation of subsection (B), the commissioner shall order that any costs for treatment of that employee's injury must be borne by the employer personally."

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

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