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TO AMEND SECTION 42-1-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF A CONTRACTOR TO WORKMEN OF A SUBCONTRACTOR FOR COMPENSATION UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO REQUIRE A LOWER-TIER CONTRACTOR TO CARRY WORKERS' COMPENSATION INSURANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-410 of the 1976 Code is amended to read:
"Section 42-1-410. (A) When any If a person, in this section and Sections 42-1-420 to 42-1-450 referred to as 'contractor,', contracts to perform or execute any work for another person which that is not a part of the trade, business, or occupation of such the other person and contracts with any other another person, (in this section and Sections 42-1-420 to 42-1-450 referred to as 'subcontractor'), for the execution or performance by or under the subcontractor of the whole or any of the work undertaken by such the contractor, the contractor shall be is liable to pay to any a workman employed in the work any all compensation under this title which he would have been liable to pay if that workman had been immediately employed by him.
(B) A lower-tier contractor, regardless of the number of employees he employs or his status as a sole proprietor, partnership, or corporate officer, who contracts with a higher-tier contractor as defined in Section 40-59-20(6) that carries workers' compensation insurance, shall carry workers' compensation insurance for himself and his employees for the duration of the work that he has been contracted to perform."
SECTION 2. Upon approval by the Governor, this act takes effect July 1, 2007.
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