Bill 3536

                    Current Status

Bill Number:                       3536
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950208
Primary Sponsor:                   Cato 
All Sponsors:                      Cato 
Drafted Document Number:           BBM\9833JM.95
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Motor vehicle carrier, workers'
                                   compensation

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960215  Introduced, read first time,             11 SJ
                  referred to Committee
House   19960214  Read third time, sent to Senate
House   19960213  Read second time
House   19960207  Committee report: Favorable              26 HLCI
House   19950208  Introduced, read first time,             26 HLCI
                  referred to Committee

COMMITTEE REPORT

February 7, 1996

H. 3536

S. Printed 2/7/96--H.

Read the first time February 8, 1995.

To whom was referred a Bill (H. 3536), to amend the Code of Laws of South Carolina, 1976, by adding Section 42-1-315 so as to provide that an individual who owns a motor vehicle or holds a motor vehicle under lease, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

HARRY F. CATO, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.

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. An individual who owns a motor vehicle or holds a motor vehicle under lease and who, under written contract or lease, provides that vehicle and the services of a driver, including driving services provided by the individual, to a motor carrier must be considered an independent contractor and not an employee of the motor carrier for purposes of this title. Likewise, no person or entity engaged by such individual is entitled to recover from the motor carrier under this title. The individual, as an independent contractor, may elect to participate in this State's workers' compensation law. As an alternative, the individual and the motor carrier to whom the individual leases the motor vehicle may mutually agree that the individual, and any person engaged by the individual, will be covered under the motor carrier's workers' compensation policy or authorized self insurance if the individual agrees to pay the contract amounts requested by the motor carrier. Under any such agreement, the independent contractor and any person engaged by the individual must be considered employees of the motor carrier only for purposes of this title and for no other purposes."

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