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5 | 5 | | 2025 -- S 0458 |
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6 | 6 | | ======== |
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7 | 7 | | LC001786 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO TOWNS AN D CITIES -- CANCER BENEFITS FOR FIRE FIGHTERS |
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16 | 16 | | Introduced By: Senators Ciccone, Tikoian, and Urso |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: Senate Finance |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Sections 45-19.1-3 and 45-19.1-4 of the General Laws in Chapter 45-19.1 1 |
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23 | 23 | | entitled "Cancer Benefits for Fire Fighters" are hereby amended to read as follows: 2 |
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24 | 24 | | 45-19.1-3. Occupational cancer disability for fire fighters. 3 |
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25 | 25 | | (a) Any Notwithstanding the provisions of any general, special or specific law, or any 4 |
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26 | 26 | | charter and/or municipal ordinance to the contrary, any fire fighter, including one employed by the 5 |
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27 | 27 | | state, or a municipal fire fighter employed by a municipality that participates in the optional 6 |
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28 | 28 | | retirement for police officers and fire fighters, as provided in chapter 21.2 of this title, who is unable 7 |
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29 | 29 | | to perform his or her duties in the fire department by reason of a disabling occupational cancer 8 |
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30 | 30 | | which develops or manifests itself during a period while the fire fighter is in the service of the 9 |
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31 | 31 | | department, and any retired member of the fire department of any city or town who develops 10 |
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32 | 32 | | occupational cancer, is entitled to receive an occupational cancer disability, and he or she is entitled 11 |
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33 | 33 | | to all of the benefits provided for in chapters 19, 21 and 21.2 of this title and chapter 10 of title 36 12 |
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34 | 34 | | if the fire fighter is employed by the state. 13 |
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35 | 35 | | (b) The provisions of this section apply retroactively in the case of any retired member of 14 |
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36 | 36 | | the fire department of any city or town. 15 |
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37 | 37 | | 45-19.1-4. Conclusive presumption. 16 |
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38 | 38 | | (a) Any Notwithstanding the provisions of any general, special or specific law, or any 17 |
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39 | 39 | | charter and/or municipal ordinance to the contrary, any type of cancer found in a firefighter is 18 |
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40 | 40 | | conclusively presumed to be an occupational cancer as that term is defined in § 45-19.1-2. 19 |
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42 | 42 | | |
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43 | 43 | | LC001786 - Page 2 of 3 |
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44 | 44 | | (b) This conclusive presumption shall not apply to firefighters hired after July 22, 2020, in 1 |
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45 | 45 | | the following situations: 2 |
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46 | 46 | | (1) If a physical examination was conducted at the time the firefighter was hired and the 3 |
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47 | 47 | | examination revealed that person had cancer; or 4 |
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48 | 48 | | (2) If the firefighter has completed less than two (2) years of employment with his or her 5 |
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49 | 49 | | fire department; or 6 |
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50 | 50 | | (3) If the firefighter has regularly or habitually used tobacco products during the five (5) 7 |
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51 | 51 | | years prior to any diagnosis of cancer. 8 |
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52 | 52 | | (c) The provisions of this section shall apply retroactively to all cancer-related illnesses, 9 |
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53 | 53 | | injuries, and disability claims pending on or after July 22, 2020. 10 |
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54 | 54 | | SECTION 2. This act shall take effect upon passage. 11 |
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56 | 56 | | LC001786 |
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59 | 59 | | |
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60 | 60 | | LC001786 - Page 3 of 3 |
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61 | 61 | | EXPLANATION |
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62 | 62 | | BY THE LEGISLATIVE COUNCIL |
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63 | 63 | | OF |
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64 | 64 | | A N A C T |
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65 | 65 | | RELATING TO TOWNS AN D CITIES -- CANCER BENEFITS FOR FIRE FIGHTERS |
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66 | 66 | | *** |
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67 | 67 | | This act would make the provisions of §§ 45-19.1-3 and 45-19.1-4, benefits for fire fighters 1 |
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68 | 68 | | with cancer, effective regardless of any general, special or specific law, or any charter and/or 2 |
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69 | 69 | | municipal ordinance to the contrary. 3 |
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70 | 70 | | This act would take effect upon passage. 4 |
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72 | 72 | | LC001786 |
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