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Indicates Matter Stricken
Indicates New Matter
A108, R112, S75
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts, Hutto, O'Dell, Alexander, Cromer and Ford
Document Path: l:\council\bills\gjk\20031sd05.doc
Companion/Similar bill(s): 3336
Introduced in the Senate on January 11, 2005
Introduced in the House on April 19, 2005
Last Amended on May 19, 2005
Passed by the General Assembly on May 24, 2005
Became law without Governor's signature, June 2, 2005
Summary: Workers' compensation; firefighters
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/8/2004 Senate Prefiled
12/8/2004 Senate Referred to Committee on Judiciary
1/11/2005 Senate Introduced and read first time SJ-116
1/11/2005 Senate Referred to Committee on Judiciary SJ-116
2/1/2005 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
4/13/2005 Senate Committee report: Favorable Judiciary SJ-12
4/14/2005 Senate Read second time SJ-13
4/18/2005 Senate Read third time and sent to House SJ-29
4/19/2005 House Introduced and read first time HJ-14
4/19/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-14
5/18/2005 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-53
5/19/2005 House Amended HJ-77
5/19/2005 House Read second time HJ-78
5/19/2005 House Unanimous consent for third reading on next legislative
day HJ-79
5/20/2005 House Read third time and returned to Senate with amendments
HJ-7
5/24/2005 Senate Concurred in House amendment and enrolled SJ-36
5/26/2005 Ratified R 112
6/2/2005 Became law without Governor's signature
6/7/2005 Copies available
6/7/2005 Effective date 06/02/05
6/7/2005 Act No. 108
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/8/2004
4/13/2005
5/18/2005
5/19/2005
(A108, R112, S75)
AN ACT 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 PROVIDE THAT 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 UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Presumption regarding law enforcement officers
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 is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for 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 the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in 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 employed as a law enforcement officer 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 26th day of May, 2005.
Became law without the signature of the Governor -- 6/2/05.
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