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Indicates Matter Stricken
Indicates New Matter
RECALLED
June 4, 2003
H. 4018
S. Printed 6/4/03--S.
Read the first time May 28, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1 of Title 42 of the 1976 Code is amended by adding:
"Section 42-1-180. 'Professional sports team player' and 'player' means a person who participates in the game of professional sports for wages, earnings, or salary, within the meaning of this title, as an employee of an employer who holds a workers' compensation insurance policy delivered or issued for delivery in South Carolina."
SECTION 2. Article 3, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-330. An employee who is a professional sports team player may be exempted from this title by giving notice as provided in Section 42-1-340 and may at any time reverse this exemption and accept the provisions of this title also by giving notice as provided in Section 42-1-340.
Section 42-1-340. (A) Either notice referred to in Section 42-1-330 is not effective as to any accident resulting in an injury or death that occurs within thirty days after the notice was given; however, if an accident occurs less than thirty days after the date of employment, notice of exemption given at the time of employment is effective as to that accident. A notice must be in writing or print, in substantially the form prescribed by the commission, and the employer must give notice by posting the notice in a conspicuous place in the shop, plant, office, room, or place in which the employee is employed or by serving the notice personally upon the employee. An employee must give notice by sending the notice in a registered letter addressed to the employer at his last-known residence or place of business or by giving it personally to the employer or an agent of the employer, upon whom summons in a civil action may be served under the laws of this State.
(B) A copy of the notice in the prescribed form must be filed with the commission. In a suit by an employer or an employee who has exempted himself by proper notice from the application of this title, a copy of this notice certified by the commission is admissible in evidence as proof of the exemption."
SECTION 3. This act takes effect upon approval by the Governor.
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