Tommy HanesThis bill would establish a rebuttable presumption that a certified firefighter employed or previously employed by a municipality for 10 or more years of service who has developed certain types of cancer would have his or her cancer classified as an occupational disease and would be entitled to all of the rights and benefits as granted by state law to which one suffering from an occupational disease is entitled as service connected in the line of duty
This bill would extend the presumption to previously employed certified firefighters for a period of 10 years after the last actual date of service
Relating to occupational diseases; to establish a rebuttable presumption that a certified firefighter employed or previously employed by a municipality for 10 or more years of service who has developed certain types of cancer would have his or her cancer classified as an occupational disease; and to extend the presumption to previously employed certified firefighters for 10 years after the last actual date of service.
This bill would establish a rebuttable presumption that a certified firefighter employed or previously employed by a municipality for 10 or more years of service who has developed certain types of cancer would have his or her cancer classified as an occupational disease and would be entitled to all of the rights and benefits as granted by state law to which one suffering from an occupational disease is entitled as service connected in the line of duty
This bill would extend the presumption to previously employed certified firefighters for a period of 10 years after the last actual date of service
Relating to occupational diseases; to establish a rebuttable presumption that a certified firefighter employed or previously employed by a municipality for 10 or more years of service who has developed certain types of cancer would have his or her cancer classified as an occupational disease; and to extend the presumption to previously employed certified firefighters for 10 years after the last actual date of service.
Section 1
(a) As used in this section, qualified firefighter means a certified firefighter who is employed or was previously employed by a municipality and has completed 10 or more years of service. (b) Because of exposure to heat, smoke, and fumes or carcinogenic, poisonous, toxic, or chemical substances, if a qualified firefighter develops cancer, as provided for in subsection (d), the cancer shall be classified as an occupational disease connected with the duties of a firefighter, and the disease shall be presumed to have been caused by or to have resulted from the work performed. (c) This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to a qualified firefighter following his or her termination of service for a period of 10 years after the last actual date of service. (d)(1) The cancer referred to in subsection (b) shall be limited to the types of cancer which may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. (2) The cancer shall also be limited to a cancer originating in the bladder, brain, colon, liver, pancreas, skin, kidney, gastrointestinal, or reproductive tract, and leukemia, lymphoma, multiple myeloma, prostate cancer, and testicular cancer, or any other type of cancer, due to occupational exposure, for which firefighters are determined to have a statistically significant increased risk over that of the general population. (e) Upon proving the presumption in subsection (b), an affected qualified firefighter or his or her heirs shall be entitled to all rights and benefits related to occupational disease provided by law.
Section 2
(a) As used in this section, qualified firefighter means a certified firefighter who is employed or was previously employed by a municipality and has completed 10 or more years of service. (b) Because of exposure to heat, smoke, and fumes or carcinogenic, poisonous, toxic, or chemical substances, if a qualified firefighter develops cancer, as provided for in subsection (d), the cancer shall be classified as an occupational disease connected with the duties of a firefighter, and the disease shall be presumed to have been caused by or to have resulted from the work performed. (c) This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to a qualified firefighter following his or her termination of service for a period of 10 years after the last actual date of service. (d)(1) The cancer referred to in subsection (b) shall be limited to the types of cancer which may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. (2) The cancer shall also be limited to a cancer originating in the bladder, brain, colon, liver, pancreas, skin, kidney, gastrointestinal, or reproductive tract, and leukemia, lymphoma, multiple myeloma, prostate cancer, and testicular cancer, or any other type of cancer, due to occupational exposure, for which firefighters are determined to have a statistically significant increased risk over that of the general population. (e) Upon proving the presumption in subsection (b), an affected qualified firefighter or his or her heirs shall be entitled to all rights and benefits related to occupational disease provided by law.
Section 3
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Section 4
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
| Action Date | Chamber | Action |
|---|---|---|
| March 5, 2019 | H | Read for the first time and referred to the House of Representatives committee on Ways and Means General Fund |
| Document Type | Document Location |
|---|---|
| Bill Text | http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB10-int.pdf |