Bill Text: DE SB53 | 2013-2014 | 147th General Assembly | Draft

Delaware Senate Bill 53 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 18 Of The Delaware Code Pertaining To Line-of-duty Disability Benefits To Covered Firefighters.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Enrolled - Dead) 2014-01-15 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 6 Favorable, 1 On Its Merits [SB53 Detail]

Download: Delaware-2013-SB53-Draft.html

SPONSOR:	Sen. Ennis & Rep. Carson & Rep. Miro
	Sens. Hocker, Townsend; Reps. Atkins, Jaques, Kowalko, Mitchell

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 53

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE PERTAINING TO LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 67, Title 18 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underlining as follows:

�6709.Presumption � Covered Firefighters.

(a) Heart disease, hypertension and lung disease � A covered firefighter is presumed to have an occupational disease that was suffered in the line of duty and is covered under this chapter if:

(1) the individual has heart disease, hypertension or lung disease;

(2) the heart disease, hypertension or lung disease results in permanent disability as defined in �6701(3) of this chapter; and

(3) the individual has met a suitable standard of physical examination before becoming a covered firefighter.

(b) Cancer � A covered firefighter is presumed to have an occupational disease that was suffered in the line of duty and is covered under this chapter if:

(1) that individual has leukemia or pancreatic, prostate, lung, bladder, rectal or throat cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;

(2) that individual has been a covered firefighter for at least 5 years; and

(3) that individual has met a suitable standard of physical examination before becoming a covered firefighter.

SYNOPSIS

This bill creates a presumption that a covered firefighter who has heart disease, hypertension, lung disease or certain cancers contracted the occupational disease arising out of and in the course of actions in the line of duty.

Author: Senator Ennis