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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 21

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell and Rose
Document Path: l:\s-jud\bills\mcconnell\jud0014.hla.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Immigrant employment


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/1/2010   Senate   Prefiled
 12/1/2010   Senate   Referred to Committee on Judiciary
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 16)
 1/11/2011   Senate   Referred to Committee on Judiciary (Senate Journal-page 16)
 1/12/2011   Senate   Referred to Subcommittee: L.Martin (ch), Campsen, Ford

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/1/2010
 1
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 8
 9                               A BILL
10
11   TO AMEND SECTION 42-1-130 OF THE CODE OF LAWS OF
12   SOUTH CAROLINA, 1976, SO AS TO INCLUDE IN THE
13   DEFINITION OF “EMPLOYEE” LEGAL IMMIGRANTS AND
14   ILLEGAL IMMIGRANTS, SO LONG AS THE EMPLOYER
15   WAS NOT AWARE OF THE IMMIGRANT‟S ILLEGAL
16   STATUS PRIOR TO THE EMPLOYEE‟S INJURY; TO AMEND
17   SECTION 42-1-360, SO AS TO EXCLUDE FROM WORKERS‟
18   COMPENSATION       ILLEGAL    IMMIGRANTS  WHOSE
19   ILLEGAL STATUS WAS KNOWN TO THE EMPLOYER AT
20   THE TIME OF THE IMMIGRANTS‟ HIRE AND ILLEGAL
21   IMMIGRANTS WHOM THE EMPLOYER DISCOVERS THE
22   ILLEGAL STATUS DURING EMPLOYMENT BUT BEFORE
23   INJURY AND TO RESTRICT RECOVERY IN THESE
24   CIRCUMSTANCES TO PROVISIONS IN CHAPTER 10, TITLE
25   41; AND TO AMEND SECTION 41-10-10, SO AS TO
26   INCLUDE IN “WAGES” MEDICAL PAYMENTS PROVIDED
27   TO ILLEGAL IMMIGRANTS EXCLUDED FROM WORKERS‟
28   COMPENSATION.
29
30   Be it enacted by the General Assembly of the State of South
31   Carolina:
32
33   SECTION 1. Section 42-1-130 of the 1976 Code is amended to
34   read:
35
36      “Section 42-1-130. The term „employee‟ means every person
37   engaged in an employment under any appointment, contract of
38   hire, or apprenticeship, expressed or implied, oral or written,
39   including: aliens employed and also including
40      (1) legal immigrants;
41      (2) illegal immigrants, so long as the employer was not aware
42   of the immigrant‟s illegal status prior to the employee‟s injury; and

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 1      (3) minors, whether lawfully or unlawfully employed, but
 2   excludes a person whose employment is both casual and not in the
 3   course of the trade, business, profession, or occupation of his
 4   employer; and as relating to those employed by the State, the term
 5   „employee‟ includes all members of the South Carolina State and
 6   National Guard while performing duties in connection with the
 7   membership except duty performed pursuant to Title 10 and Title
 8   32 of the United States Code; all volunteer state constables
 9   appointed pursuant to Section 23-1-60, while performing duties in
10   connection with their appointments and authorized by the State
11   Law Enforcement Division; and all officers and employees of the
12   State, except those elected by the people, or by the General
13   Assembly, or appointed by the Governor, either with or without
14   the confirmation of the Senate; and as relating to municipal
15   corporations and political subdivisions of the State, the term
16   „employee‟ includes all officers and employees of municipal
17   corporations and political subdivisions, except those elected by the
18   people or elected by the council or other governing body of any
19   municipal corporation or political subdivision, who act in purely
20   administrative capacities and are to serve for a definite term of
21   office. Any reference to an employee who has been injured or
22   when the employee is dead, includes also his legal representative,
23   dependents, and other persons to whom compensation may be
24   payable.
25   Any sole proprietor or partner of a business whose employees are
26   eligible for benefits under this title may elect to be included as
27   employees under the workers‟ compensation coverage of the
28   business if they are actively engaged in the operation of the
29   business and if the insurer is notified of their election to be
30   included. Any sole proprietor or partner, upon this election, is
31   entitled to employee benefits and is subject to employee
32   responsibilities prescribed in this title.”
33
34   SECTION 2. Section 42-1-360 of the 1976 Code is amended by
35   adding Subitem 10:
36
37     “(10) Illegal immigrants whose illegal status was known to the
38   employer at the time of the immigrant‟s hire, and illegal
39   immigrants whose illegal status was discovered by the employer
40   during employment but before the injury. Illegal immigrants in
41   these circumstances who are injured in a work-related accident are
42   granted the exclusive remedy of medical benefits pursuant to
43   Chapter 10, Title 41.”

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 1
 2   SECTION 3. Section 41-10-10(2) of the 1976 Code is amended to
 3   read:
 4
 5      “(2) „Wages‟ means all amounts at which labor rendered is
 6   recompensed, whether the amount is fixed or ascertained on a
 7   time, task, piece, or commission basis, or other method of
 8   calculating the amount and includes vacation, holiday, and sick
 9   leave payments which are due to an employee under any employer
10   policy or employment contract. Wages also includes medical
11   payments to illegal immigrants injured in a work-related accident,
12   but who are excluded from recovery under Title 42. These
13   medical payments must be incurred as a direct result of the
14   work-related accident. Funds placed in pension plans or profit
15   sharing plans are not wages subject to this chapter.”
16
17   SECTION 4. This act takes effect upon approval by the Governor.
18                            ----XX----
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