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S. 19
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts, Hutto and Reese
Document Path: l:\council\bills\bbm\9298zw03.doc
Companion/Similar bill(s): 339, 3571
Introduced in the Senate on January 14, 2003
Currently residing in the Senate
Summary: Workers compensation, law enforcement officers; presumption that heart and respiratory diseases arose out of employment
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 Senate Prefiled 12/4/2002 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-30 1/14/2003 Senate Referred to Committee on Judiciary SJ-30 4/16/2003 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary SJ-30 4/17/2003 Scrivener's error corrected 4/23/2003 Senate Minority report withdrawn SJ-49
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VERSIONS OF THIS BILL
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COMMITTEE REPORT
April 16, 2003
S. 19
S. Printed 4/16/03--S. [SEC 4/17/03 2:23 PM]
Read the first time January 14, 2003.
To whom was referred a Bill (S. 19) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. 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 firefighter caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall be is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such the firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, State state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for herein in this section, any person becoming a member of a fire 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, a written report of which must have been made and filed with such the fire department, which examination failed to reveal any evidence of such condition or conditions, and such the condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in such the activity.
(B) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, a cardiac-related incident resulting in impairment or injury to a law enforcement officer resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment if this impairment or injury developed while actively engaged in, or within twenty-four hours from the date of, a law enforcement incident involving unusual or extraordinary physical exertion, unless the contrary is shown by competent evidence. At the time of the incident, the law enforcement officer must be a bona fide member of a municipal, county, state, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided by this section, any person becoming a law enforcement officer on or after the effective date of this section must be under thirty-seven years of age and upon entering into the service, must have successfully passed a physical examination which includes a risk factor assessment for coronary artery disease conducted by a competent physician who should counsel on risk factor reduction and consider current medical literature on evaluation and prevention of coronary artery disease in conducting the risk factor assessment. A written report of the examination must have been made and filed with the law enforcement agency, which examination must not have revealed evidence of cardiac impairment or injury. If the law enforcement officer is identified as being a high risk for coronary artery disease during the risk factor assessment and the law enforcement officer fails to undergo, at his own expense, additional medical tests related to discovery of coronary artery disease, he is not entitled to the presumption provided by this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOHN M. KNOTTS, JR. JOHN DAVID HAWKINS
For Majority. For Minority.
EXPLANATION OF IMPACT:
Workers' Compensation Commission
Implementation of this bill would pose no additional cost to the agency or to the general funds appropriated to the commission. In the workers' compensation system, the type of cases which would encompass incidents relevant to the bill are relatively rare; therefore, the bill is anticipated to have little effect on the workload of the commission.
State Accident Fund
The State Accident Fund is operated from the revenue generated by premiums paid to the fund by state agencies to cover workers' compensation claims for state employees. Based on its experience with coverage for fire fighters, the State Accident Fund estimates that it would receive five additional claims per year based on the provisions of the bill. The State Accident Fund estimates that the total cost of these five additional claims would be approximately $170,000 annually. This amount would be supplied to the fund through an estimated 1.5% increase in premiums to those agencies with law enforcement officers. Those agencies may pay the fund from the General Fund of the State and/or other funds.
LOCAL GOVERNMENT IMPACT:
As with state agencies local government would be impacted to the extent premiums are adjusted to account for the additional claims.
SPECIAL NOTES:
The bill does not indicate that state agencies would be required to pay for physical examinations when hiring law enforcement officers. However, most law enforcement agencies pay for examinations of newly hired officers.
Approved By:
Don Addy
Office of State Budget
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 successfully 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.
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