Current Status Bill Number:4829 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980318 Primary Sponsor:Quinn All Sponsors:Quinn, Baxley, Koon, Sandifer, Seithel, Sharpe, Limehouse, Neilson, Simrill, Barrett, R. Smith, Edge, Scott, Davenport, Clyburn, McLeod, Inabinett, McCraw, Gamble, J. Smith, Moody-Lawrence, Lloyd, Dantzler, Phillips, Hawkins, Riser, Young-Brickell, Maddox, Byrd, Rice, J. Brown, Stille, Law and Bauer Drafted Document Number:BBM\9764JM.98 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation, law enforcement officers; occupational diseases occurring in officers due to employment
Body Date Action Description Com Leg Involved
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House 19980318 Introduced, read first time, 26 HLCI
referred to Committee
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TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-11-30 of the 1976 Code is amended to read:
"Section 42-11-30. Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any an impairment or injury to the health of a fire fighter firefighter or law enforcement officer caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall must be presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such fire fighter the firefighter or law enforcement officer is at the time of such the impairment or injury is a bona fide member of a municipal, county, State, port authority, or fire control district fire department or law enforcement agency in this State. In order to be entitled to the presumption provided for herein in this section, any a person becoming a member of a fire department or a law enforcement agency after May 29, 1968 must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such the service, a written report of which must have been made and filed with such the fire department or law enforcement agency, which examination failed to reveal any evidence of such the condition or conditions, and such the condition or conditions developed while actively engaged in fighting a fire or in law enforcement activity or within twenty-four hours from the date of last service in either such activity."
SECTION 2. This act takes effect upon approval by the Governor.