Committee Report

February 21, 2024

S. 251

Introduced by Senators M. Johnson, Adams, Gustafson and Devine

S. Printed 02/21/24--S.                                                                          [SEC 2/22/2024 4:31 PM]

Read the first time January 10, 2023

________

The committee on Senate Judiciary

To whom was referred a Bill (S. 251) to amend the South Carolina Code of Laws by adding Section 42-9-50 so as to provide benefits to first responders medically diagnosed with post-traumatic stress disorder, etc., respectfully

Report:

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 SECTION 2 and inserting:

SECTION 2.  This act takes effect on January 1, 2025, and is applicable to injuries that occur on or after the effective date.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill exempts first responders from having to establish by a preponderance of the evidence that stress, mental injury, or mental illness arising out of or in the course of employment stems from conditions that are extraordinary or unusual relative to the normal conditions of employment for purposes of collecting workers' compensation. Currently, if a first responder's stress, mental injury, or mental illness arise from normal working conditions, the first responder is not considered injured for purposes of collecting workers' compensations. This bill would allow a first responder to qualify for injury-related workers' compensation if the stress, mental injury, or mental illness is medically diagnosed as post-traumatic stress disorder, he is participating in and receiving clinical care through SCLEAP, SC FAST, or their successor programs, and a treating physician determines there is an incapacity to work. First responder is defined to include firefighters, volunteer firefighters, law enforcement officers, and volunteer law enforcement officers. This bill takes effect on January 1, 2024, and is applicable to injuries that occur on or after the effective date.

Workers Compensation Commission. This bill does not materially alter the responsibilities of the agency. Therefore, this bill will have no expenditure impact on WCC.

Department of Insurance. This bill does not materially alter the responsibilities of the agency. Therefore, this bill will have no expenditure impact on DOI.

State Accident Fund. This bill will result in an increase in the number of successful workers' compensation claims triggering an increase in the cost of workers compensation insurance coverage. The amount of the increased cost will depend upon the number of newly successful workers compensation claims filed by first responders whose stress or mental illness stem from the normal conditions of their jobs. The expenditure impact of this bill is pending, contingent upon an additional response from SAF.

Local Expenditure

This bill may result in an increase in the cost of workers' compensation insurance coverage dependent upon the number of new workers' compensation claims likely to be filed by first responders whose stress or mental illness stem from the normal conditions of their jobs. Those local entities that employee first responders may see in an increase in insurance premiums due to this increase of coverage. SCAC provides locals with workers compensation insurance coverage through the South Carolina Counties Workers' Compensation Trust (SCCWCT). Additionally, MASC offers locals workers' compensation coverage. According to MASC, this bill would create a new compensable condition for claims; however, the resultant increase in premium costs is unknown. Therefore, RFA anticipates this bill will result in an undetermined increase in local expenditures. We will update this fiscal impact statement if SCAC provides additional information on local expenditures.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

to amend the South Carolina Code of Laws by adding Section 42-9-50 so as to provide benefits to first responders medically diagnosed with post-traumatic stress DISORDER arising from a SIGNIFICANT traumatic experience or situation in the course and scope of EMPLOYMENT, the first responder has an incapacity to work as determined by the treating physician, and the first responder is participating in and RECEIVING clinical care.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Chapter 9, Title 42 of the S.C. Code is amended by adding:

    Section 42-9-50. (A) As used in this section:

       (1) "First responder" means a law enforcement officer or firefighter employed by state or local government. A volunteer law enforcement officer or firefighter engaged by state or local government is also considered a first responder of the state or local government for the purposes of this section.

       (2) "Significant traumatic experience or situation" means one of the following events:

           (a) witnessing a deceased minor or the death of a minor;

           (b) witnessing an injury to a minor who subsequently died before or upon arrival at a hospital emergency department;

           (c) participating in the physical treatment of an injured minor who subsequently died before or upon arrival at a hospital emergency department;

           (d) manually transporting an injured minor who subsequently died before or upon arrival at a hospital emergency department;

           (e) seeing for oneself a decedent whose death involved a grievous bodily harm;

           (f) witnessing a death, including suicide, that involved grievous bodily harm;

           (g) witnessing a homicide, regardless of whether the homicide was criminal or excusable, including murder; mass killing, which means the killing of three or more individuals in a single incident; voluntary manslaughter, involuntary manslaughter, and self- defense;

           (h) witnessing an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if that person was injured w