ENTITLED, An Act to  repeal the subsequent injury fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

     Administration of the subsequent injury fund by the Division of Insurance and reimbursement of complete and valid claims shall continue until approved, denied, or settled. Any claim for reimbursement from the subsequent injury fund shall be filed by June 30, 1999. Only those claims timely filed with the division by June 30, 1999, pursuant to the requirements of §  62-4-34.1 in effect prior to July 1, 1999, and completed by October 1, 1999, pursuant to the requirements set forth in §  62-4-34.4 in effect prior to July 1, 1999, shall be eligible for reimbursement from the subsequent injury fund. Any claim timely filed by June 30, 1999, and completed by October 1, 1999, as set forth in this section, shall be approved or denied by the division pursuant to the requirements of § §  62-4-34 to 62-4-36.3, inclusive, in effect prior to July 1, 1999. The division shall continue to make any necessary assessments pursuant to the requirements set forth in §  62-4-35 in effect prior to July 1, 1999, until all eligible claims completed as set forth in this section that are approved by the division or determined by the court to be eligible for reimbursement are paid, and until all matters in litigation concerning the subsequent injury fund are resolved. Any claim in matters being litigated concerning the subsequent injury fund is not eligible for interest or costs. Any remaining balance in the fund after all obligations of the fund have been satisfied shall be deposited in the general fund. Priority of payment shall be determined as of the date and time they are determined by the division to be complete and valid. No claim against the subsequent injury fund is vested until it is complete as set forth in this section. Any completed claim regardless of the date of injury or the date of notice of claim is subject to the two-thirds method of reimbursement pursuant to §  62-4-34 in effect prior to July 1, 1999.
     Section  2.  That § 62-4-34 be repealed.

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     Section  3.  That § 62-4-34.1 be repealed.
     Section  4.  That § 62-4-34.2 be repealed.
     Section  5.  That § 62-4-34.4 be repealed.
     Section  6.  That § 62-4-34.5 be repealed.
     Section  7.  That § 62-4-34.6 be repealed.
     Section  8.  That § 62-4-35 be repealed.
     Section  9.  That § 62-4-36.1 be repealed.
     Section  10.  That § 62-4-36.2 be repealed.
     Section  11.  That § 62-4-36.3 be repealed.
     Section  12.  That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:

     An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim.
     Section  13.  No employer may discriminate in hiring any prospective employee due to a preexisting injury if the preexisting injury does not affect the prospective employee's ability to perform the work for which the prospective employee is being hired.
     Section  14.  That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:

     If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title.

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An Act to repeal the subsequent injury fund.

========================= I certify that the attached Act originated in the SENATE as Bill No. 49

____________________________
Secretary of the Senate

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____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

Senate Bill No. 49
File No. ____
Chapter No. ______     =========================
Received at this Executive Office this _____ day of _____________ ,

19____ at ____________ M.

By _________________________
for the Governor

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The attached Act is hereby approved this ________ day of ______________ , A.D., 19___

____________________________
Governor

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STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________ , 19___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State