Alabama 2024 Regular Session

Alabama House Bill HB223 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB223INTRODUCED
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3	3	HB223
4	4	1JPK33L-1
5	5	By Representative Treadaway
6	6	RFD: County and Municipal Government
7	7	First Read: 22-Feb-24
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12	12	5 1JPK33L-1 02/21/2024 JC (L)tgw 2024-462
13	13	Page 1
14	14	First Read: 22-Feb-24
15	15	SYNOPSIS:
16	16	Existing law provides that firefighters may be
17	17	paid benefits for disability or death caused by a
18	18	firefighter's occupational disease.
19	19	This bill would add Parkinson's disease to the
20	20	list of firefighter's occupational diseases. This bill
21	21	would also provide a standard for demonstrating that
22	22	Parkinson's disease is occupational in origin in order
23	23	to qualify for benefits.
24	24	This bill would delete duplicative language and
25	25	would also make nonsubstantive, technical revisions to
26	26	update the existing code language to current style.
27	27	A BILL
28	28	TO BE ENTITLED
29	29	AN ACT
30	30	Relating to firefighters; to amend Sections 11-43-144,
31	31	36-30-40, and 36-30-41, Code of Alabama 1975, to further
32	32	provide for disability and death benefits for firefighters; to
33	33	add Parkinson's disease to the list of firefighter's
34	34	occupational diseases; to provide a qualifying standard; and
35	35	to delete duplicative language and make nonsubstantive,
36	36	technical revisions to update the existing code language to
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64	64	28 HB223 INTRODUCED
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66	66	technical revisions to update the existing code language to
67	67	current style.
68	68	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
69	69	Section 1. Sections 11-43-144, 36-30-40, and 36-30-41,
70	70	Code of Alabama 1975, are amended to read as follows:
71	71	"§11-43-144
72	72	(a) As used in this section the following words and
73	73	terms shall have the meanings ascribed to them herein unless a
74	74	contrary meaning is indicated by the context:
75	75	(1) BENEFIT. Any monetary allowance payable by a city
76	76	or from a pension system established for the firemen
77	77	firefighters of a city to a firefighter on account of his or
78	78	her disability or to his or her dependents on account of his
79	79	or her death, irrespective of whether the same is payable
80	80	under a pension law of the state or under some other law of
81	81	the state.
82	82	(2) CITY. Any municipality of the state, regardless of
83	83	its population.
84	84	(3) DISABILITY. DisabilityA condition that renders an
85	85	individual unable to perform the required duties asof a
86	86	firefighter.
87	87	(4) FIREFIGHTER. A person employed as a firefighter by
88	88	a city.
89	89	(5) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition
90	90	or impairment of health caused by any of the following:
91	91	a. Hypertension.
92	92	b. Heart disease.
93	93	c. Respiratory disease.
94	94	d. Cancer that manifests itself in a firefighter during
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124	124	d. Cancer that manifests itself in a firefighter during
125	125	the period in which the firefighter is in the service of the
126	126	city, provided if the firefighter demonstrates that he or she
127	127	was exposed, while in the employ of employed by the city, to a
128	128	known carcinogen that is reasonably linked to the disabling
129	129	cancer, andin which case the cancer shall be presumed to arise
130	130	out of and in the course of the firefighter's employment ,
131	131	unless the city demonstrates by a preponderance of the
132	132	evidence that the cancer was caused by some other means .
133	133	e. AIDSHIV that manifests itself in a firefighter
134	134	during the period in which the firefighter is in the service
135	135	ofemployed by the city, provided if the firefighter
136	136	demonstrates that he or she was exposed to AIDSHIV while in
137	137	the line and scope of his or her employment with the city.
138	138	f. Hepatitis that manifests itself in a firefighter
139	139	during the period in which the firefighter is in the service
140	140	of the city, provided if the firefighter demonstrates that he
141	141	or she was exposed to hepatitis while in the line and scope of
142	142	his or her employment with the city.
143	143	g. Parkinson's disease that manifests itself in a
144	144	firefighter during the period in which the firefighter is in
145	145	the service of the city if the firefighter demonstrates that
146	146	he or she, while employed by the city, was exposed to a known
147	147	toxin that is associated with an increased risk of Parkinson's
148	148	disease, in which case the Parkinson's disease shall be
149	149	presumed to arise out of and in the course of the
150	150	firefighter's employment.
151	151	(b)(1) This section shall apply to firefighters who,
152	152	upon entering the service of the city as firefighters, have
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182	182	upon entering the service of the city as firefighters, have
183	183	successfully passed a physical examination which failed to
184	184	reveal any evidence of a firefighter's occupational disease
185	185	and who have completed at least three years' service as
186	186	firefighters.
187	187	(2) If a physical examination was not required at the
188	188	time of entry into service, a firefighter who has completed at
189	189	least three years' continuous service as a firefighter next
190	190	preceding September 8, 1967, shall be deemed eligible for
191	191	benefits under this section.
192	192	(c)(1) If a firefighter who qualifieswho is eligible
193	193	for benefits under this section suffers disability as a result
194	194	of a firefighter's occupational disease, his or her disability
195	195	shall be compensable the same as any service-connected
196	196	disabilitycompensated under any law that provides benefits for
197	197	firefighters of the city who are injured in the line of duty.
198	198	If a firefighter, who qualifies for benefits under this
199	199	section, dies as the result of a firefighter's occupational
200	200	disease, his or her death shall be compensable to the same
201	201	extent as the death of a compensated the same as that of a
202	202	firefighter killed in the line of duty , and shall be
203	203	considered to have been killed in the line of duty for
204	204	purposes of Sections 36-30-1 to 36-30-7, inclusive pursuant to
205	205	Article 1 of Title 30 .
206	206	(2) Notwithstanding subdivision (1), a firefighter who
207	207	dies of cancer, as provided in paragraph (a)(5)d., within 10
208	208	years of the firefighter's last date of employment shall be
209	209	considered to have been killed in the line of duty for
210	210	purposes of Sections 36-30-1 to 36-30-7, inclusive Article 1 of
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240	240	purposes of Sections 36-30-1 to 36-30-7, inclusive Article 1 of
241	241	Title 30.
242	242	(d) In the case of cancer, heart disease, hypertension,
243	243	and respiratory disease, the In the case of a firefighter's
244	244	occupational disease as defined in this section, the city must
245	245	prove by a preponderance of the evidence that the condition
246	246	was caused by some means other than the occupation to
247	247	disqualify the firefighter from benefits."
248	248	"§36-30-40
249	249	As used in this article, the following terms shall have
250	250	the following meanings:
251	251	(1) BENEFIT. Any monetary allowance payable by the
252	252	state for a firefighter on account of his or her disability or
253	253	to his or her dependents on account of his or her death,
254	254	irrespective of whether the same is payable under a pension
255	255	law of the state or under some other law of the state.
256	256	(2) DISABILITY. DisabilityA condition that renders an
257	257	individual unable to perform the required duties asof a
258	258	firefighter.
259	259	(3) FIREFIGHTER. A person employed as a firefighter by
260	260	the state.
261	261	(4) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition
262	262	or impairment of health caused by any of the following:
263	263	a. Hypertension.
264	264	b. Heart disease.
265	265	c. Respiratory disease.
266	266	d. Cancer whichthat manifests itself in a firefighter
267	267	during the period in which the firefighter is in the service
268	268	of the state, provided if the firefighter demonstrates that he
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298	298	of the state, provided if the firefighter demonstrates that he
299	299	or she, while in the employ of employed by the state, was
300	300	exposed to a known carcinogen whichthat is reasonably linked
301	301	to the disabling cancer, andin which case the cancer shall be
302	302	presumed to arise out of and in the course of the
303	303	firefighter's employment unless the state demonstrates by a
304	304	preponderance of the evidence that the cancer was caused by
305	305	some other means .
306	306	e. HIV whichthat manifests itself in a firefighter
307	307	during the period in which the firefighter is in the service
308	308	ofemployed by the state, provided if the firefighter
309	309	demonstrates by sufficient evidence that he or she was exposed
310	310	to HIV while in the line and scope of his or her employment
311	311	with the state.
312	312	f. Hepatitis whichthat manifests itself in a
313	313	firefighter during the period in which the firefighter is in
314	314	the service of the state , provided if the firefighter
315	315	demonstrates that he or she was exposed to hepatitis while in
316	316	the line and scope of his or her employment with the state.
317	317	g. Parkinson's disease that manifests itself in a
318	318	firefighter during the period in which the firefighter is in
319	319	the service of the state if the firefighter demonstrates that
320	320	he or she, while employed by the state, was exposed to a known
321	321	toxin that is associated with an increased risk of Parkinson's
322	322	disease, in which case the Parkinson's disease shall be
323	323	presumed to arise out of and in the course of the
324	324	firefighter's employment. "
325	325	"§36-30-41
326	326	(a) This article shall apply to firefighters who, upon
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356	356	(a) This article shall apply to firefighters who, upon
357	357	entering the service of the state as firefighters, have
358	358	successfully passed a physical examination which failed to
359	359	reveal any evidence of a firefighter's occupational disease
360	360	and who have completed at least three years' service as
361	361	firefighters. If a physical examination was not required at
362	362	the time of entry into service, a firefighter who completes an
363	363	exam by January 1, 2013, shall be deemed eligible for benefits
364	364	under this section.
365	365	(b) If a firefighter who qualifieswho is eligible for
366	366	benefits under Chapter 29A of this title, or any other law,
367	367	suffers disability as a result of a firefighter's occupational
368	368	disease, his or her disability shall be compensable the same
369	369	as any service-connected disability compensated under any law
370	370	whichthat provides benefits for firefighters of the state who
371	371	are injured in the line of duty. If a firefighter who
372	372	qualifies for benefits under this section dies as the result
373	373	of a firefighter's occupational disease, his or her death
374	374	shall be compensable to the same extent as the death of a
375	375	firefighter killed in the line of duty, and the firefighter
376	376	shall be considered to have compensated as if the firefighter
377	377	had been killed in the line of duty for purposes of Sections
378	378	36-30-1 to 36-30-7, inclusive pursuant to Article 1 of this
379	379	chapter.
380	380	(c) In the case of an occupational disease as defined
381	381	in this article, the state must prove by a preponderance of
382	382	the evidence that the condition was caused by some means other
383	383	than the occupation to disqualify the firefighter from
384	384	benefits."
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414	414	benefits."
415	415	Section 2. This act shall become effective on October
416	416	1, 2024.
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