S*0549(Rat #0301, Act #0295 of 1988)  General Bill, By I.E. Lourie, Land and 
J.V. Smith

Similar(H 2719)
 A Bill to amend Section 42-7-310, Code of Laws of South Carolina, 1976,
 relating to the establishment, purpose, administration, funding, and staff of
 the Second Injury Fund, so as to provide, among other things, that any
 assessment under this Section constitutes a personal debt of every employer or
 insurance carrier so assessed and is due and payable to the Second Injury Fund
 when payment is called for by the Fund, that a penalty may be assessed under
 certain conditions, and that the director of the Second Injury Fund may file a
 complaint for collection under certain circumstances.

   03/19/87  Senate Introduced and read first time SJ-979
   03/19/87  Senate Referred to Committee on Judiciary SJ-980
   04/28/87  Senate Recalled from Committee on Judiciary SJ-1534
   04/29/87  Senate Read second time SJ-1584
   04/29/87  Senate Ordered to third reading with notice of
                     amendments SJ-1584
   04/30/87  Senate Read third time and sent to House SJ-1631
   05/05/87  House  Introduced and read first time HJ-2412
   05/05/87  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-2413
   01/20/88  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-420
   01/21/88  House  Read second time HJ-495
   01/26/88  House  Read third time and enrolled HJ-541
   01/28/88         Ratified R 301
   02/02/88         Signed By Governor
   02/02/88         Effective date 02/02/88
   02/02/88         Act No. 295
   02/16/88         Copies available

AN ACT TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.

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

Second Injury Fund; funding, assessment, personal debt, etc.

SECTION 1. Section 42-7-310(d) of the 1976 Code is amended to read: "(d) The funding of the Second Injury Fund on a continuing basis is by: (1) deposits to the account of the fund by the State Treasurer of those monies authorized to be paid to the Workers' Compensation Commission under Section 42-9-140 and (2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Workers' Compensation Fund. Each carrier shall, under regulations prescribed by the Workers' Compensation Commission, make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the total benefits paid by such carrier bore to the total benefits paid by all carriers during the preceding calendar year. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any assessment upon the date determined by the fund, the employer or insurance carrier may immediately be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty within thirty days, the director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall also notify the South Carolina Insurance Commission and the South Carolina Workers' Compensation Commission, and these commissions shall take the appropriate legal and administrative action immediately."

Time effective

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