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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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