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Alabama House Bill HB227

Alabama 2025 Regular Session

Alabama House Bill HB227 Compare Versions

Only one version of the bill is available at this time.
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11 HB227INTRODUCED
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33 HB227
44 4DVP33I-1
55 By Representatives Bedsole, Pettus, Lovvorn, Moore (P),
66 Whorton
77 RFD: Ways and Means General Fund
88 First Read: 06-Feb-25
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1414 6 4DVP33I-1 02/03/2025 JC (L)lg 2024-2752
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1616 First Read: 06-Feb-25
1717 SYNOPSIS:
1818 Under existing law, a firefighter paid by a
1919 municipality or by the state who is disabled or who
2020 dies as a result of hypertension, heart disease, or
2121 respiratory disease may be eligible for the same
2222 benefits that would be available for a firefighter who
2323 is injured or killed in the line of duty. This
2424 eligibility applies to an individual who has ceased to
2525 be employed as a firefighter.
2626 This bill would limit an individual's
2727 eligibility for these benefits to 10 years after he or
2828 she leaves employment as a municipal or state
2929 firefighter, unless the individual can show that the
3030 qualifying disease resulted from the individual's work
3131 as a firefighter.
3232 This bill recognizes that if a fire district
3333 makes the same benefits available to employee
3434 firefighters, the fire district may impose the same
3535 conditions on eligibility after the firefighter leaves
3636 the employment of the fire district.
3737 This bill would also delete duplicative language
3838 and make nonsubstantive, technical revisions to update
3939 the existing code language to current style.
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6969 A BILL
7070 TO BE ENTITLED
7171 AN ACT
7272 Relating to firefighters; to amend Sections 11-43-144,
7373 36-30-40, and 36-30-41, Code of Alabama 1975, to limit the
7474 number of years in which a former firefighter or a beneficiary
7575 thereof may qualify for the disability and death benefit
7676 provided for a firefighter's occupational disease, with an
7777 exception; to recognize that if a fire district provides a
7878 death and disability benefit to an employed firefighter for
7979 occupational disease, the fire district may limit the number
8080 of years in which the firefighter or a beneficiary thereof may
8181 qualify for the benefit, with an exception; and to make
8282 nonsubstantive, technical revisions to update the existing
8383 code language to current style.
8484 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8585 Section 1. Sections 11-43-144, 36-30-40, and 36-30-41,
8686 Code of Alabama 1975, are amended to read as follows:
8787 "§11-43-144
8888 (a) As used in this section , the following words and
8989 terms shall have the following meanings ascribed to them
9090 herein unless a contrary meaning is indicated by the context :
9191 (1) BENEFIT. Any monetary allowance payablearranged or
9292 provided by a city or from a pension system established for
9393 the firemen of a for a firefighter employed by the city to a
9494 firefighter on account of his or her disability or to his or
9595 her dependents on account of his or her death, irrespective of
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125125 her dependents on account of his or her death, irrespective of
126126 whether the same is payable under a pension law of the state
127127 or under some other law of the state .
128128 (2) CITY. Any municipality of the state , regardless of
129129 its population.
130130 (3) DISABILITY. DisabilityA condition that renders an
131131 individual unable to perform the required duties asof a
132132 firefighter.
133133 (4) FIREFIGHTER. A personAn individual employed as a
134134 firefighter by a city.
135135 (5) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition
136136 or impairment of health caused by any of the following:
137137 a. Hypertension.
138138 b. Heart disease.
139139 c. Respiratory disease.
140140 d. Cancer that manifests itself in a firefighter during
141141 the period in which while the firefighter is in the service
142142 ofemployed by the city, providedif the firefighter
143143 demonstrates that he or she was exposed , while in the employ
144144 of the city, to a known carcinogen that is reasonably linked
145145 to the disabling cancer while in the scope of his or her
146146 duties with the city , andin which case the cancer shall be
147147 presumed to arise out of and in the course of the
148148 firefighter's employment , unless the city demonstrates by a
149149 preponderance of the evidence that the cancer was caused by
150150 some other means .
151151 e. AIDSHIV that manifests itself in a firefighter
152152 during the period in which while the firefighter is in the
153153 service ofemployed by the city, providedif the firefighter
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183183 service ofemployed by the city, providedif the firefighter
184184 demonstrates that he or she was exposed to AIDSHIV while in
185185 the line and scope of his or her employmentduties with the
186186 city, in which case the HIV shall be presumed to arise out of
187187 and in the course of the firefighter's employement .
188188 f. Hepatitis that manifests itself in a firefighter
189189 during the period in which while the firefighter is in the
190190 service ofemployed by the city, providedif the firefighter
191191 demonstrates that he or she was exposed to hepatitis while in
192192 the line and scopescope of his or her employment with the
193193 city, in which case the hepatitis shall be presumed to arise
194194 out of and in the course of the firefighter's employment .
195195 (b)(1) This section shall apply to firefighters who,
196196 upon entering the service of the city as firefighters, have
197197 successfully passed a physical examination whichthat failed to
198198 reveal any evidence of a firefighter's occupational disease
199199 and who have completed at least three years' service as
200200 firefighters.
201201 (2) If a physical examination was not required at the
202202 time of entry into service, a firefighter who has completed at
203203 least three years' continuous service as a firefighter next
204204 preceding September 8, 1967, shall be deemed eligible for
205205 benefits under this section.
206206 (c)(1) If a firefighter who qualifies for benefits
207207 under this section is eligible under subsection (b) suffers
208208 disability as a result of a firefighter's occupational
209209 disease, his or her disability shall be compensable the same
210210 as any service-connected disability under any law that
211211 provides benefits for firefighters compensated the same as any
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241241 provides benefits for firefighters compensated the same as any
242242 firefighter of the city who is injured in the line of duty
243243 under any available law, pension, or benefit that compensates
244244 for any service-connected disability .
245245 (2) If a firefighter , who qualifies for benefits under
246246 this section,who is eligible under subsection (b) dies as thea
247247 result of a firefighter's occupational disease, his or her
248248 death shall be compensable to the same extent as the death of
249249 acompensated under the provision for a firefighter killed in
250250 the line of duty , and shall be considered to have been killed
251251 in the line of duty for purposes of Sections 36-30-1 to
252252 36-30-7, inclusive pursuant to Article 1, Chapter 30, Title
253253 36.
254254 (2)(3) Notwithstanding subdivision (1)(2), a
255255 firefighter who dies of cancer, as provided in paragraph
256256 (a)(5)d., within 10 years of the firefighter's last date of
257257 employment shall be considered to have been killed in the line
258258 of duty for purposes of Sections 36-30-1 to 36-30-7,
259259 inclusiveArticle 1, Chapter 30, Title 36 .
260260 (4)a. Except as provided in paragraph b., a firefighter
261261 who suffers a disability or dies as a result of hypertension,
262262 heart disease, or respiratory disease after the 10-year
263263 anniversary of the last date of his or her employment as a
264264 firefighter shall not qualify for the benefit or compensation
265265 provided under this section.
266266 b. Paragraph a. does not apply if the firefighter's
267267 hypertension, heart disease, or respiratory disease is
268268 reasonably linked to an event or condition in the
269269 firefighter's service to the city.
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299299 firefighter's service to the city.
300300 (d) In the case of cancer, heart disease, hypertension,
301301 and respiratory disease, the city must prove by a
302302 preponderance of the evidence that the condition was caused by
303303 some means other than the occupation to disqualify the
304304 firefighter from benefits."
305305 "§36-30-40
306306 As used in this article, the following terms shall have
307307 the following meanings:
308308 (1) BENEFIT. Any monetary allowance payablearranged or
309309 provided by the state for a firefighter employed by the state
310310 on account of his or her disability or to his or her
311311 dependents on account of his or her death, irrespective of
312312 whether the same is payable under a pension law of the state
313313 or under some other law of the state .
314314 (2) DISABILITY. DisabilityA condition that renders an
315315 individual unable to perform the required duties asof a
316316 firefighter.
317317 (3) FIREFIGHTER. A personAn individual employed as a
318318 firefighter by the state.
319319 (4) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition
320320 or impairment of health caused by any of the following:
321321 a. Hypertension.
322322 b. Heart disease.
323323 c. Respiratory disease.
324324 d. Cancer which manifests itself in a firefighter
325325 during the period in which while the firefighter is in the
326326 service ofemployed by the state, provided if the firefighter
327327 demonstrates that he or she , while in the employ of the state,
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357357 demonstrates that he or she , while in the employ of the state,
358358 was exposed to a known carcinogen which is reasonably linked
359359 to the disabling cancer while in the scope of his or her
360360 duties with the state , andin which case the cancer shall be
361361 presumed to arise out of and in the course of the
362362 firefighter's employment unless the state demonstrates by a
363363 preponderance of the evidence that the cancer was caused by
364364 some other means .
365365 e. HIV whichthat manifests itself in a firefighter
366366 during the period in which while the firefighter is in the
367367 service ofemployed by the state, providedif the firefighter
368368 demonstrates by sufficient evidence that he or she was exposed
369369 to HIV while in the line and scope of his or her employment
370370 with the state, in which case the HIV shall be presumed to
371371 arise out of and in the course of the firefighter's
372372 employment.
373373 f. Hepatitis whichthat manifests itself in a
374374 firefighter during the period in which while the firefighter is
375375 in the service of employed by the state, providedif the
376376 firefighter demonstrates that he or she was exposed to
377377 hepatitis while in the line and scope of his or her employment
378378 with the state, in which case the hepatitis shall be presumed
379379 to arise out of and in the course of the firefighter's
380380 employment."
381381 "§36-30-41
382382 (a)(1) This article shall apply to firefighters who,
383383 upon entering the service of the state as firefighters, have
384384 successfully passed a physical examination whichthat failed to
385385 reveal any evidence of a firefighter's occupational disease
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415415 reveal any evidence of a firefighter's occupational disease
416416 and who have completed at least three years' service as
417417 firefighters.
418418 (2) If a physical examination was not required at the
419419 time of entry into service, a firefighter who completes an
420420 exam by January 1, 2013, shall be deemed eligible for benefits
421421 under this section.
422422 (b)(1) If a firefighter who qualifies for benefits
423423 under Chapter 29A, or any other law, is eligible under
424424 subsection (a) suffers disability as a result of a
425425 firefighter's occupational disease, his or her disability
426426 shall be compensable the same as any service-connected
427427 disability under any law which provides benefits for
428428 firefighterscompensated the same as any firefighter of the
429429 state who is injured in the line of duty under any law,
430430 including Chapter 29A, or any pension or benefit that
431431 compensates for any service-connected disability .
432432 (2) If a firefighter who qualifies for benefits under
433433 this sectionwho is eligible under subsection (a) dies as thea
434434 result of a firefighter's occupational disease, his or her
435435 death shall be compensable to the same extent as the death
436436 ofcompensated under the provision for a firefighter killed in
437437 the line of duty , and the firefighter shall be considered to
438438 have been killed in the line of duty for purposes of Sections
439439 36-30-1 to 36-30-7, inclusive pursuant to Article 1, Chapter
440440 30, Title 36.
441441 (3)a. Except as provided in paragraph b., a firefighter
442442 who suffers a disability or dies as a result of hypertension,
443443 heart disease, or respiratory disease after the 10-year
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473473 heart disease, or respiratory disease after the 10-year
474474 anniversary of the last date of his or her employment as a
475475 firefighter shall not qualify for the benefit or compensation
476476 provided under this section.
477477 b. Paragraph a. does not apply if the firefighter's
478478 hypertension, heart disease, or respiratory disease is
479479 reasonably linked to an event or condition in the
480480 firefighter's service to the state.
481481 (c) In the case of an occupational disease as defined
482482 in this article, the state must prove by a preponderance of
483483 the evidence that the condition was caused by some means other
484484 than the occupation to disqualify the firefighter from
485485 benefits."
486486 Section 2. (a) As used in this section, the following
487487 words have the following meanings:
488488 (1) BENEFIT. Any monetary allowance arranged or
489489 provided by a fire district under a pension, contract, or law
490490 for a firefighter employed by the fire district or to his or
491491 her dependents.
492492 (2) FIRE DISTRICT. The term includes any of the
493493 following:
494494 a. Any fire district established pursuant to a
495495 constitutional amendment of local application or a local act.
496496 b. Any fire district established pursuant to Chapter
497497 89, Title 11, Code of Alabama 1975.
498498 c. Any authority providing fire protection service
499499 established pursuant to Chapter 88, Title 11, Code of Alabama
500500 1975.
501501 (3) DISABILITY. A condition that renders an individual
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531531 (3) DISABILITY. A condition that renders an individual
532532 unable to perform the required duties of a firefighter.
533533 (4) FIREFIGHTER. An individual employed as a
534534 firefighter by a fire district.
535535 (b) A fire district that administers or provides a
536536 disability or death benefit for a firefighter's occupational
537537 disease as defined in Section 11-43-144, Code of Alabama 1975,
538538 when the firefighter's disability or death is caused by
539539 hypertension, heart disease, or respiratory disease, may limit
540540 the period in which a firefighter may qualify for the benefit
541541 to no later than the 10-year anniversary of the firefighter's
542542 last day of employment by the fire district, unless the
543543 hypertension, heart disease, or respiratory disease is
544544 reasonably linked to an event or condition in the
545545 firefighter's service to the fire district.
546546 Section 3. This act shall become effective on October
547547 1, 2025.
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