2001 -- S 0518

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LC01884
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RELATING TO TOWNS AND CITIES - - BENEIFITS FOR FIREFIGHTERS

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 45-19.1 of the General Laws entitled "Cancer Benefit for Firefighters" is hereby amended to read as follows:

CHAPTER 19.1

SECTION 2. Sections 45-19.1-1, 45-19.1-2 and 45-19.1-3 of the General Laws in Chapter 45-19.1 entitled "Cancer Benefits For Fire Fighters" are hereby amended to read as follows:

45-19.1-1. Legislative findings -- (a) The general assembly finds and declares that by reason of their employment:

(1) Fire fighters are required to work in the midst of, and are subject to, smoke, fumes, or carcinogenic, poisonous, toxic, harmful or chemical substances;

(2) Fire fighters are continually exposed to a vast and expanding field of hazardous substances through hazardous waste sites and the transportation of those substances;

(3) Fire fighters are constantly entering uncontrolled environments to save lives and reduce property damage and are frequently not aware of potential toxic, harmful and carcinogenic substances that they may be exposed to;

(4) Fire fighters, unlike other workers, are often exposed simultaneously to multiple carcinogens, and the rise in occupational cancer among fire fighters can be related to the rapid proliferation of thousands of toxic substances in our every day environment; and

(5) The onset of cancers in fire fighters can develop very slowly, usually manifesting themselves from five (5) years to forty (40) years after exposure to the cancer-causing agent.

(b) The general assembly further finds and declares that all of the previously stated conditions exist and arise out of or in the course of that employment.

45-19.1-2. Definitions -- The following terms when used in this chapter have the following meanings:

(a) "Disability" means a condition of physical incapacity to perform any assigned duty or duties in the fire department.

(b) "Fire department" means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from any fire or disaster.

(c) "Fire fighter" means an individual, paid or volunteer, who is assigned to a fire department and is required to respond to alarms and performs emergency action.

(d) "Occupational cancer" means a cancer arising out of his or her employment as a fire fighter, due to injury from exposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in the fire department.

45-19.1-3. Occupational cancer disability for fire fighters - Occupational cancer, pulmonary disease and heart disease disability for firefighters. -- (a) Any fire fighter, including one employed by the state, or a municipal fire fighter employed by a municipality that participates in the optional retirement for police officers and fire fighters, as provided in chapter 21.2 of this title, who is unable to perform his or her duties in the fire department by reason of a disabling occupational cancer or pulmonary coronary disease which develops or manifests itself during a period while the fire fighter is in the service of the department, and any retired member of the fire department of any city or town who develops occupational cancer, or pulmonary coronary disease is entitled to receive an occupational cancer or pulmonary disease or coronary disease disability, and he or she is entitled to all of the benefits provided for in chapters 19, 21 and 21.2 of this title and chapter 10 of title 36 if the fire fighter is employed by the state.

(b) The provisions of this section apply retroactively in the case of any retired member of the fire department of any city or town.

SECTION 3. This act shall take effect upon passage.

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LC01884
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would establish a pulmonary and coronary disease disability for firefighters who, because of pulmonary or coronary disease are unable to perform their duties.

This act would take effect upon passage.