H 3543 General Bill, By Clyburn, Howard, Gourdine, J. Hines, Mack and J.H. Neal
 A BILL TO AMEND SECTION 42-1-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO AN EMPLOYER'S WITHDRAWAL OF THE WAIVER OF EXEMPTION FROM
 TITLE 42, THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT
 SUCH AN EMPLOYER MAY GIVE NOTICE OF THE WITHDRAWAL TO THE WORKERS'
 COMPENSATION COMMISSION BY CANCELING ITS WORKERS' COMPENSATION INSURANCE OR
 SELF-INSURANCE PRIVILEGES.

   02/17/99  House  Introduced and read first time HJ-10
   02/17/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-10

TO AMEND SECTION 42-1-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYER'S WITHDRAWAL OF THE WAIVER OF EXEMPTION FROM TITLE 42, THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT SUCH AN EMPLOYER MAY GIVE NOTICE OF THE WITHDRAWAL TO THE WORKERS' COMPENSATION COMMISSION BY CANCELING ITS WORKERS' COMPENSATION INSURANCE OR SELF-INSURANCE PRIVILEGES.

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

SECTION 1. Section 42-1-390 of the 1976 Code, as last amended by Act 411 of 1988, is further amended to read:

"Section 42-1-390. Any employer who, having elected to come under this title, being at that time exempt from this title, and subsequently desiring to withdraw from under its terms, may give notice in writing either to the commission by canceling its workers' compensation insurance or self-insurance privileges. that he no longer is under the terms of this title or to his insurer who shall give notice in writing to the Commission that the employer is no longer under the terms of this title. If the insurer does not give the notice to the Commission as required by this section, the insurer shall pay a penalty of one thousand dollars to the Commission which shall be used by the Commission to offset the costs of administering the provisions of Title 42. In the case where the employer gives the notice to the Commission that he no longer is under the terms of this title, the Commission shall, in turn, within thirty days of receipt of the employer's notice, inform the employer, in writing, that he must provide written notification by a date certain to his employees of his withdrawal from the terms of this title; however, no employer is required to so notify his employees unless the Commission informs him he must do so, as required by this section. At the expiration of sixty days from the date of written notice to the Commission the employer no longer is liable under the terms of this title and may be permitted to set up any defense as he may be advised to any action brought against him for personal injury or death by accident to any employee."

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