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Current Status Bill Number:View additional legislative information at the LPITS web site.3735 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010320 Primary Sponsor:Keegan All Sponsors:Keegan, Whatley and Knotts Drafted Document Number:l:\council\bills\nbd\11279ac01.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation; law enforcement officers, emergency medical technicians, paramedics History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010320 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO AMEND SECTION 42-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE" WITHIN THE SCOPE OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO ALSO INCLUDE DISEASES IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AS AN OCCUPATIONAL DISEASE; AND TO AMEND SECTION 42-11-30, RELATING TO THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASE IN FIRE FIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO ALSO APPLY THE PRESUMPTION TO TUBERCULOSIS AND TO HIV/AIDS, WHEN THERE MAY HAVE BEEN EXPOSURE TO A BODILY FLUID, AND TO EXPAND THE PRESUMPTION TO LAW ENFORCEMENT OFFICERS, EMERGENCY MEDICAL TECHNICIANS, AND PARAMEDICS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-11-10 of the 1976 Code is amended by adding at the end:
"Notwithstanding the provisions of this section or any other provision of law, an 'occupational disease' is also a disease arising out of and in the course of employment due to exposure to or contact with a disease identified by the Center for Disease Control as an occupational disease."
SECTION 2. Section 42-11-30 of the 1976 Code is amended to read:
"Section 42-11-30. (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a fire fighter caused by heart disease or respiratory disease public safety employee 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 is at the time of such the impairment or injury a bona fide member of a municipal, county, State, port authority or fire control district fire department in this State was caused by:
(1) heart disease, respiratory disease, or tuberculosis; or
(2) HIV/AIDS or hepatitis.
(B) In order to be entitled to the presumption provided for herein in this section, any a person becoming a member of a fire public safety department 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 service,; and
(1) a written report of which the examination must have been made and filed with such fire the public safety department, which;
(2) the examination must have failed to reveal any evidence of such the condition or conditions,; and
(3) such the condition or conditions developed:
(a) while actively engaged in fighting a fire the performance and discharge of his or her duties as a public safety employee; or
(b) within twenty-four hours from the date of last service in such activity performing public safety activities; or
(c) in the case of HIV/AIDS or hepatitis, within seven years of his or her last employment date as a public safety employee.
For purposes of this section, a 'public safety employee' means a firefighter, law enforcement officer, emergency medical technician, or paramedic employed by a municipality, city, or county, the port authority, or the State."
SECTION 3. This act takes effect upon approval by the Governor.
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