Current Status Introducing Body:Senate Bill Number:1266 Primary Sponsor:Leatherman Committee Number:11 Type of Legislation:GB Subject:Workers' compensation, employment provisions Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/9029JM.94 Introduced Date:19940316 Last History Body:Senate Last History Date:19940316 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Leatherman Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1266 Senate 19940316 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 (WORKERS' COMPENSATION LAW) AND MAY REJECT COVERAGE UNDER THAT TITLE BY GIVING CERTAIN NOTICE, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 42-1-150, RELATING TO THE DEFINITION OF "EMPLOYMENT" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS DEFINING "EMPLOYMENT", PROVIDE, AMONG OTHER THINGS, THAT EMPLOYMENT INCLUDES ALL EMPLOYMENTS IN WHICH FOUR OR MORE EMPLOYEES ARE EMPLOYED BY THE SAME EMPLOYER OR, WITH RESPECT TO IMPROVEMENT OR MODIFICATION OF REAL PROPERTY, ALL EMPLOYMENT IN WHICH ONE OR MORE DIRECT OR INDIRECT EMPLOYEES ARE EMPLOYED BY THE SAME EMPLOYER, AND DEFINE "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 42-1-315. Officers of a corporation are employees under this title and may reject coverage under this title by giving notice as prescribed by the commission. An employee who has rejected coverage under this title or whose employer (1) has been exempted by proper notice from the operation of this title or (2) is a sole proprietor or a partner who has not elected to be covered may not claim to be a statutory employee of another employer as described in Sections 42-1-400, 42-1-410, 42-1-420, 42-1-430, 42-1-440, and 42-1-450, but such employee is subject to the limitations of Section 42-1-540 against employers who have accepted the provisions of this title."
SECTION 2. Section 42-1-150 of the 1976 Code is amended to read:
"Section 42-1-150. (A) `Employment' subject to the provisions of this title means any service performed by an employee for the person employing him.
(1) Employment includes all employments in which four or more employees are employed by the same employer or, with respect to improvement or modification of real property, all employment in which one or more direct or indirect employees are employed by the same employer.
(2) `Improvement or modification of real property' means for-profit activities involved in the carrying out of any construction, building, renovation, alteration, moving, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. When appropriate to the context, `improvement or modification of real property' refers to the act of construction or the result of construction. However, `improvement or modification of real property' does not mean a landowner's act of construction or the result of construction upon his own premises, provided that he is not an owner as provided in Section 42-1-400.
(3) With respect to employment as referenced in subsection (A)(2), the employer shall maintain proof of workers' compensation coverage for its direct and indirect employees. Proof of coverage is a contract of workers' compensation insurance issued to the employer for coverage for the employer's direct and indirect employees.
(B) The term `employment' includes employment by the State, all political subdivisions thereof, all public and quasi-public corporations therein, and all private employments in which four or more employees are regularly employed in the same business or establishment."
SECTION 3. This act takes effect upon approval by the Governor.