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HB5 Alabama 2012 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Mike Jones
Mike Jones
Republican
Session
Regular Session 2012
Title
Firefighters, death or disability benefits for occupational diseases, established, special procedure for cancer, heart disease, hypertension, or respiratory disease
Summary

HB5 creates state-paid death and disability benefits for Alabama firefighters with certain occupational diseases, with a presumption for cancer to be work-related unless proven otherwise.

What This Bill Does

The bill provides disability benefits for firefighters who develop hypertension, heart disease, respiratory disease, cancer (if exposed to a known carcinogen during service), HIV, or hepatitis that manifests during state employment, and it provides death benefits for dependents if a firefighter dies from one of these diseases. To deny benefits, the state must show by a preponderance of the evidence that the disease was caused by something other than the firefighter’s occupation. Cancer is treated with a special presumption of work-relatedness if the firefighter was exposed to a known carcinogen, unless the state proves a non-work cause. Eligibility targets firefighters who have at least three years of service and had a qualifying entry exam (or complete an exam by 01/01/2013 if none was required at entry).

Who It Affects
  • Firefighters employed by the state who develop disability or die from the defined occupational diseases and their dependents, who would be eligible for the new benefits.
  • Firefighters who meet the eligibility criteria (three years of service and a qualifying entry exam, or an exam completed by 01/01/2013 if no entry exam was required) to receive these benefits.
Key Provisions
  • Benefit: any monetary allowance paid by the state for a firefighter's disability or for dependents in case of death, regardless of other pension programs.
  • Occupational diseases included: hypertension, heart disease, respiratory disease, cancer (with exposure to a known carcinogen during service, presumption of work-relatedness unless proven otherwise), HIV with proven exposure in the line of duty, and hepatitis with proven exposure in the line of duty.
  • Cancer presumption: cancer that manifests during service and is linked to exposure is presumed to be job-related unless the state proves a non-work cause by a preponderance of evidence.
  • Eligibility criteria: applies to firefighters who entered service with no prior evidence of the listed diseases and have at least three years of service; if entry exams were not required, eligibility can be established for those who complete an exam by 01/01/2013.
  • Disability and death benefits: disability benefits are treated the same as service-connected disabilities; death benefits are treated the same as death of a firefighter killed in the line of duty.
  • Burden of proof: the state must prove by a preponderance of the evidence that a condition was caused by something other than the occupation to disqualify a firefighter from benefits.
  • Effective date: the act takes effect on the first day of the third month after it is passed and approved.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Firefighters

Bill Actions

Delivered to Governor at 11:59 p. m. on May 16, 2012.

Conference Committee on HB5 2012RS first Substitute Offered

Assigned Act No. 2012-559.

Clerk of the House Certification

Enrolled

Signature Requested

Concurred in Conference Report

Dial motion to Concur In and Adopt adopted Roll Call 1566

Conference Report Concurrence Requested

Jones motion to Concur In and Adopt adopted Roll Call 1588

Conference Report

Conference Committee Appointed

Marsh motion to Accede adopted Roll Call 1456 P&PO appoints Brooks, Ward and Smitherman P&PO appoints Brooks, Ward and Smitherman

Conference Committee Requested

Jones motion to Non Concur and Appoint Conference Committee adopted Roll Call 1540 House appoints Jones, Merrill and Grimsley

Concurrence Requested

Motion to Read a Third Time and Pass adopted Roll Call 1336

Brooks motion to Adopt adopted Roll Call 1335

Brooks first Substitute Offered

Third Reading Passed

Brooks Carry Over to the Call of the Chair Granted

Third Reading Carried Over to Call of the Chair

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Governmental Affairs

Motion to Read a Third Time and Pass adopted Roll Call 352

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Ways and Means General Fund

Bill Text

Votes

Motion to Read a Third Time and Pass

March 15, 2012 House Passed
Yes 90
Absent 15

Jones motion to Non Concur and Appoint Conference Committee

May 17, 2012 House Passed
Yes 85
Abstained 1
Absent 19

Documents

Source: Alabama Legislature