(a) Notwithstanding any other provisions of the law, any person having knowledge of the death of a person who engages in seasonal agricultural work as his primary source of income and does not normally return to his permanent place of residence each night shall, without delay, report the fact of such death to the Department of Health and Environmental Control in the county in which the body is located together with any information he may possess respecting the deceased including his identity, place of employment, permanent residence, and the name, address, and telephone number of any relatives. The County Department of Health and Environmental Control shall within a reasonable amount of time of receiving such report transmit to the State Department of Health and Environmental Control notice of the death of the deceased worker and information pertaining thereto. The State Department of Health and Environmental Control shall upon such notification make every effort to inform the nearest relative of such death.
(b) In the event that the identity of the deceased cannot be determined within a reasonable period of time, or in the event that the body of the deceased is unclaimed seven days after death, or in the event that the estate or the relatives are unable to provide for the burial of the deceased, the Department of Health and Environmental Control is authorized to allocate a sum of not more than three hundred and fifty dollars for the burial of such worker.
(c) In the event that the estate or the relatives of the deceased are able to provide for the burial but are unable to provide for the transportation of the body of the deceased to his legal residence or the legal residence of the relatives, the Department of Health and Environmental Control is authorized to allocate a sum of not more than two hundred dollars to defray the transportation expenses.
(d) The Department of Health and Environmental Control is authorized to file a claim with the Social Security Administration for reimbursement of the maximum amount allowable in behalf of the deceased and to use such funds or any assets belonging to the deceased to defray the burial or transportation expenses.
HISTORY: 1977 Act No. 147.
Structure South Carolina Code of Laws
Chapter 1 - General Provisions; Offenses
Section 46-1-20. Stealing crops from the field.
Section 46-1-30. Stealing melons or fruit.
Section 46-1-40. Stealing tobacco plants from beds.
Section 46-1-50. Injuring or burning turpentine farms.
Section 46-1-60. Making away with or disposing of produce before paying.
Section 46-1-70. Factors or commission merchants failing to account for produce.
Section 46-1-90. Fines from State Agricultural Fair to go to its treasurer.
Section 46-1-110. Enforcement of Sections 46-1-100 to 46-1-120.
Section 46-1-120. Penalties for violating Sections 46-1-100 to 46-1-120.
Section 46-1-130. Burial of migrant agricultural workers.
Section 46-1-150. Time for compliance with Section 46-1-140.
Section 46-1-160. South Carolina Farm Aid Fund; Farm Aid Advisory Board; definitions.