House Bill #5881 (2017)

AN ACT RELATING TO TOWNS AND CITIES -- FIREFIGHTER DISABILITY

Creates a work disabling presumption for any firefighter who passed a physical examination upon entry into service and who later contracts disabling hypertension, stroke, or heart disease.

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Changes since original draft

  • 2017 – H 5881
  • 2017 – H 5881 SUBSTITUTE A
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  • LC002017
  • LC002017/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO TOWNS AND CITIES – FIREFIGHTER DISABILITY
  • Introduced By: Representatives Craven, Amore, Marshall, and Edwards
  • Date Introduced: March 09, 2017
  • Referred To: House Labor
  • Introduced By: Representatives Craven, Amore, Marshall, and Edwards
  • Date Introduced: March 09, 2017
  • Referred To: House Labor
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 45-19 of the General Laws entitled "Relief of Injured and Deceased Fire Fighters and Police Officers" is hereby amended by adding thereto the following section:
  • 45-19-16.1. Presumption of cardiovascular disability in the line of firefighting duty.
  • Notwithstanding the provisions of any general or special law to the contrary, any firefighter, as defined in §45-19-l, who is unable to perform their duties in the fire department because of an impairment of health caused by hypertension, stroke or heart disease, is presumed to have suffered an in-the-line-of-duty disability, as a result of the inhalation of noxious fumes or poisonous gases, physically demanding work, traumatic stress, and related factors associated with firefighting; provided however, that the person benefiting from the presumption had passed a physical examination upon entry into service, which failed to reveal any evidence of the condition.
  • SECTION 2. This act shall take effect upon passage.
  • SECTION 1. Chapter 45-19 of the General Laws entitled "Relief of Injured and Deceased Fire Fighters and Police Officers" is hereby amended by adding thereto the following section:
  • 45-19-16.1. Presumption of cardiovascular disability in the line of firefighting duty.
  • Notwithstanding the provisions of any general or special law to the contrary, any active firefighter, as defined in §45-19-l, who has been a firefighter for at least three (3) years, including their one year probation period, and who is unable to perform their duties in the fire department because of an impairment of health caused by stroke or heart disease, is presumed to have suffered an in-the-line-of-duty disability, unless the contrary be shown by clear and convincing evidence, as a result of the inhalation of noxious fumes or poisonous gases, physically demanding work, traumatic stress, and related factors associated with firefighting; provided however, that the person benefiting from the presumption had passed a physical examination upon entry into service, which failed to reveal any evidence of the condition, so long as the physical examination was required. If the examination was not required, the person may benefit from the presumption.
  • SECTION 2. This act shall take effect upon passage.
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  • LC002017
  • LC002017/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO TOWNS AND CITIES – FIREFIGHTER DISABILITY
  • ***
  • This act would create a work disabling presumption for any firefighter who passed a physical examination upon entry into service and who later contracts disabling hypertension, stroke, or heart disease.
  • This act would take effect upon passage. ======== LC002017 ========
  • This act would create a work disabling presumption for any firefighter who passed a physical examination upon entry into service, has been an active firefighter for at least three (3) years, and who later contracts disabling heart disease or a stroke.
  • This act would take effect upon passage. ======== LC002017/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

September 19, 2017 at 4:39pm
Yeas: 58 / Nays: 11 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi N
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn N
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia N
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca NV
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo N
Rep. Newberry N
Rep. Nunes N
Rep. O'Brien Y
Rep. O'Grady N
Rep. Perez Y
Rep. Phillips NV
Rep. Price NV
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y