HB359INTRODUCED
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HB359
PSB32RR-1
By Representative Treadaway
RFD: Ways and Means General Fund
First Read: 27-Feb-25
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5 PSB32RR-1 02/24/2025 JC (L)lg 2025-960
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First Read: 27-Feb-25
SYNOPSIS:
Existing law provides that firefighters may be
paid benefits for disability or death caused by a
firefighter's occupational disease.
This bill would add Parkinson's disease to the
list of firefighter's occupational diseases. This bill
would also provide a standard for demonstrating that
Parkinson's disease is occupational in origin in order
to qualify for benefits.
This bill would also delete duplicative language
and would also make nonsubstantive, technical revisions
to update the existing code language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to firefighters; to amend Sections 11-43-144,
36-30-40, and 36-30-41, Code of Alabama 1975, to further
provide for disability and death benefits for firefighters; to
add Parkinson's disease to the list of firefighter's
occupational diseases; to provide a qualifying standard; and
to delete duplicative language and make nonsubstantive,
technical revisions to update the existing code language to
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technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 11-43-144, 36-30-40, and 36-30-41,
Code of Alabama 1975, are amended to read as follows:
"§11-43-144
(a) As used in this section the following words and
terms shall have the following meanings ascribed to them
herein unless a contrary meaning is indicated by the context:
(1) BENEFIT. Any monetary allowance payable by a city
or from a pension system established for the
firemenfirefighters of a city to a firefighter on account of
his or her disability or to his or her dependents on account
of his or her death, irrespective of whether the same is
payable under a pension law of the state or under some other
law of the state.
(2) CITY. Any municipality of the state, regardless of
its population.
(3) DISABILITY. DisabilityA condition that renders an
individual unable to perform the required duties asof a
firefighter.
(4) FIREFIGHTER. A personAn individual employed as a
firefighter by a city.
(5) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition
or impairment of health caused by any of the following:
a. Hypertension.
b. Heart disease.
c. Respiratory disease.
d. Cancer that manifests itself in a firefighter during
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d. Cancer that manifests itself in a firefighter during
the period in which the firefighter is in the service of the
city, provided if the firefighter demonstrates that he or she
was exposed, while in the employ of employed by the city, to a
known carcinogen that is reasonably linked to the disabling
cancer, andin which case the cancer shall be presumed to arise
out of and in the course of the firefighter's employment ,
unless the city demonstrates by a preponderance of the
evidence that the cancer was caused by some other means .
e. AIDSHIV that manifests itself in a firefighter
during the period in which the firefighter is in the service
ofemployed by the city, provided if the firefighter
demonstrates that he or she was exposed to AIDSHIV while in
the line and scope of his or her employment with the city.
f. Hepatitis that manifests itself in a firefighter
during the period in which the firefighter is in the service
of the city, provided if the firefighter demonstrates that he
or she was exposed to hepatitis while in the line and scope of
his or her employment with the city.
g. Parkinson's disease that manifests itself in a
firefighter during the period in which the firefighter is in
the service of the city if the firefighter demonstrates that
he or she, while employed by the city, was exposed to a known
toxin that is associated with an increased risk of Parkinson's
disease, in which case the Parkinson's disease shall be
presumed to arise out of and in the course of the
firefighter's employment.
(b)(1) This section shall apply to firefighters who,
upon entering the service of the city as firefighters, have
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upon entering the service of the city as firefighters, have
successfully passed a physical examination which failed to
reveal any evidence of a firefighter's occupational disease
and who have completed at least three years' service as
firefighters.
(2) If a physical examination was not required at the
time of entry into service, a firefighter who has completed at
least three years' continuous service as a firefighter next
preceding September 8, 1967, shall be deemed eligible for
benefits under this section.
(c)(1) If a firefighter who qualifiesis eligible for
benefits under this section suffers disability as a result of
a firefighter's occupational disease, his or her disability
shall be compensable the same as any service-connected
disabilitycompensated under any law that provides benefits for
firefighters of the city who are injured in the line of duty.
If a firefighter, who qualifies for benefits under this
section, dies as the result of a firefighter's occupational
disease, his or her death shall be compensable to the same
extent as the death of a compensated the same as that of a
firefighter killed in the line of duty , and shall be
considered to have been killed in the line of duty for
purposes of Sections 36-30-1 to 36-30-7, inclusive pursuant to
Article 1 of Chapter 30 of Title 36 .
(2) Notwithstanding subdivision (1), a firefighter who
dies of cancer, as provided in paragraph (a)(5)d., within 10
years of the firefighter's last date of employment shall be
considered to have been killed in the line of duty for
purposes of Sections 36-30-1 to 36-30-7, inclusive Article 1 of
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purposes of Sections 36-30-1 to 36-30-7, inclusive Article 1 of
Chapter 30 of Title 36 .
(d) In the case of cancer, heart disease, hypertension,
and respiratory disease, the a firefighter's occupational
disease as defined in this section, the city must prove by a
preponderance of the evidence that the condition was caused by
some means other than the occupation to disqualify the
firefighter from benefits."
"§36-30-40
As used in this article, the following terms shall have
the following meanings:
(1) BENEFIT. Any monetary allowance payable by the
state for a firefighter on account of his or her disability or
to his or her dependents on account of his or her death,
irrespective of whether the same is payable under a pension
law of the state or under some other law of the state.
(2) DISABILITY. DisabilityA condition that renders an
individual unable to perform the required duties asof a
firefighter.
(3) FIREFIGHTER. A person employed as a firefighter by
the state.
(4) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition
or impairment of health caused by any of the following:
a. Hypertension.
b. Heart disease.
c. Respiratory disease.
d. Cancer whichthat manifests itself in a firefighter
during the period in which the firefighter is in the service
of the state, provided if the firefighter demonstrates that he
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of the state, provided if the firefighter demonstrates that he
or she, while in the employ of employed by the state, was
exposed to a known carcinogen whichthat is reasonably linked
to the disabling cancer, andin which case the cancer shall be
presumed to arise out of and in the course of the
firefighter's employment unless the state demonstrates by a
preponderance of the evidence that the cancer was caused by
some other means .
e. HIV whichthat manifests itself in a firefighter
during the period in which the firefighter is in the service
ofemployed by the state, provided if the firefighter
demonstrates by sufficient evidence that he or she was exposed
to HIV while in the line and scope of his or her employment
with the state.
f. Hepatitis whichthat manifests itself in a
firefighter during the period in which the firefighter is in
the service of the state , provided if the firefighter
demonstrates that he or she was exposed to hepatitis while in
the line and scope of his or her employment with the state.
g. Parkinson's disease that manifests itself in a
firefighter during the period in which the firefighter is in
the service of the state if the firefighter demonstrates that
he or she, while employed by the state, was exposed to a known
toxin that is associated with an increased risk of Parkinson's
disease, in which case the Parkinson's disease shall be
presumed to arise out of and in the course of the
firefighter's employment. "
"§36-30-41
(a) This article shall apply to firefighters who, upon
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(a) This article shall apply to firefighters who, upon
entering the service of the state as firefighters, have
successfully passed a physical examination which failed to
reveal any evidence of a firefighter's occupational disease
and who have completed at least three years' service as
firefighters. If a physical examination was not required at
the time of entry into service, a firefighter who completes an
exam by January 1, 2013, shall be deemed eligible for benefits
under this section.
(b) If a firefighter who qualifiesis eligible for
benefits under Chapter 29A, or any other law, suffers
disability as a result of a firefighter's occupational
disease, his or her disability shall be compensable the same
as any service-connected disability compensated under any law
whichthat provides benefits for firefighters of the state who
are injured in the line of duty. If a firefighter who
qualifies for benefits under this section dies as the result
of a firefighter's occupational disease, his or her death
shall be compensable to the same extent as the death of a
firefighter killed in the line of duty, and the firefighter
shall be considered to have compensated as if the firefighter
had been killed in the line of duty for purposes of Sections
36-30-1 to 36-30-7, inclusive pursuant to Article 1 .
(c) In the case of an occupational disease as defined
in this article, the state must prove by a preponderance of
the evidence that the condition was caused by some means other
than the occupation to disqualify the firefighter from
benefits."
Section 2. This act shall become effective on October
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Section 2. This act shall become effective on October
1, 2025.197