Delaware 150th General Assembly (2019-2020) Status: Passed Senate Bipartisan · 6 R · 5 D cosponsors

SB 126 — AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS.

Last action — Assigned to Appropriations Committee in House

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act expands eligibility for Line-of-Duty disability benefits to paid firefighters who work for municipal fire departments and to fire service instructors and fire marshals who work for the State and for nonphysical disabilities. This Act also creates a presumption that a covered firefighter who is permanently disabled from heart disease, lung disease, cancer, or post-traumatic stress injury developed the disabling condition because of and in the course of performing official duties. This Act also provides a list of reasons may be used to rebut this presumption and requires fire companies to keep records of each firefighter's exposure to carcinogens. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

What changed in the latest version

28 added · 118 removed

28 line(s) added, 118 removed.

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Latest
Ennis & Sen.
Ennis DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Poore & Rep.
1 TO SENATE BILL NO.
Carson & Rep.
126 AMEND Senate Bill No.
Mitchell Sens.
126 by deleting lines 77 through 78 in their entirety and inserting in lieu thereof the following:
Delcollo, Paradee, Richardson, Walsh, Wilson;
“b.
Reps.
The State Fire Prevention Commission, Department of Human Resources, and Delaware Volunteer Fire Association shall define the tobacco use that excludes a covered firefighter from the presumption under subsection (a) of this section and requirements for medical examinations under subsection (c) of this section.”.
Collins, Cooke, Gray, Jaques, Kowalko, D.
FURTHER AMEND Senate Bill No.
Short, Michael Smith DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.
126 after line 95 by inserting the following:
126 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS.
“(g) The standards for an “occupational disease” under this section apply only for the purposes of line-of-duty benefits under this chapter.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Nothing in this section makes a covered firefighter eligible for benefits authorized under Chapter 23 of Title 19.
Section 1.
Section 3.
Amend § 6701, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
This Act is effective on enactment and is implemented the earlier of the following:
§ 6701.
(1) January 1, 2020.
Definitions.
(2) On fulfillment of the requirements under § 6709(d)(2)b.
As used in this chapter, the following words and terms have the following meanings:
of Title 18 and the Secretary of the Department of Human Resources providing notice to the Registrar of Regulations, published in the Register of Regulations, that the contingency under this paragraph (2) of this section has been fulfilled.”.
For purposes of this chapter:
SYNOPSIS This Amendment does the following:
(1) "Covered firefighters" shall mean enrolled firefighters, ladies auxiliary members, and volunteer ambulance and rescue company members in good standing either according to the rules of their Delaware volunteer fire company or association or through their assignment to a municipal fire company.
1.
The use of the masculine gender throughout this chapter in referring to "covered firemen" shall also include the feminine gender where applicable.
Provides that the Delaware Volunteer Fire Association participate in defining tobacco use that excludes a covered firefighter from the presumption of eligibility under this Act.
means any of the following:
2.
a.
Provides that the State Fire Prevention Commission, Department of Human Resources, and the Delaware Volunteer Fire Association must establish the requirements for medical examinations under this Act.
A firefighter or emergency medical technician (EMT) who is an active member of a volunteer or municipal fire department in this State, including firefighters and EMTs who are volunteers, partly paid, or full- time employees.
3.
b.
Clarifies that the definition of "occupational disease" applies only to this Act and not to Worker's Compensation.
A fire service instructor or fire marshal employed by this State.
4.
c.
Makes this Act effective January 1, 2020, or when the requirements under § 6709(d)(2)b.
A member of a fire department auxiliary.
of Title 18 are established, whichever is earlier.
(2) "Line of duty," with respect to enrolled firefighters, ladies auxiliary members and volunteer ambulance and rescue company members as defined in paragraph (1) of this section, shall mean means while traveling to, performing their a covered firefighter’s assigned duties duties, or returning from, a fire alarm, rescue operation operation, or any other emergency volunteer fire company action;
provided, however, that the phrases action.
The phrases "traveling to" and "returning from" shall include the time encompassed by the firefighter's, ladies auxiliary members' or volunteer ambulance and rescue company members' covered firefighter’s entrance into their a personal vehicle or company emergency vehicle in response to the alarm or emergency call until their the covered firefighter’s first disembarkation from their a personal vehicle at their home, place of employment employment, or other location.
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05/30/2019 05:11 PM (3)a.
"Permanent disability" shall mean means a permanent physical condition arising out of and in the course of actions in the line of duty, but shall not include permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty;
provided, however, that said duty and the permanent disability must be is sufficient to disable the covered firefighter so that the covered firefighter is unable to do the work normally required for the job or employment which he or she the covered firefighter held at the time he or she the covered firefighter was disabled.
b.
“Permanent disability” does not mean permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty.
Section 2.
Amend Chapter 67 of Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6709.
Presumption – Covered Firefighters.
Show all 113 changed rows (73 more)
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(a) For purposes of this chapter, a covered firefighter is presumed to have an occupational disease that was suffered in the line of duty if all of the following apply:
(1) The covered firefighter is not an auxiliary member.
(2) The covered firefighter has a condition under subsection (b) of this section.
(3) The covered firefighter is in compliance with the medical examination requirements under subsection (c) of this section.
(4) The covered firefighter has been a covered firefighter for at least 5 years or is a retired covered firefighter who is diagnosed with cancer within 5 years of the firefighter’s last active service as a firefighter.
(5) The covered firefighter’s condition under subsection (b) of this section results in permanent disability.
(b) Occupational diseases under subsection (a) of this section include any of the following:
(1) Lung disease.
(2) A heart problem that is either of the following:
a.
Experienced within 72 hours of exposure to smoke, fumes, or toxic substances.
b.
Experienced within 24 hours of strenuous physical exertion due to firefighting activities.
(3) Cancer if the covered firefighter was exposed, while in the line of duty, to an agent classified by the International Agency for Research on Cancer or its successor agency as a group 1 or 2A carcinogen.
(4) Post-traumatic stress injury that is either of the following:
a.
Caused by exposure to a traumatic event experienced while in the line of duty.
b.
Presumed when the covered firefighter has been a covered firefighter for at least 5 years.
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05/30/2019 05:11 PM (c)(1) A covered firefighter who joins the fire service on or after [the effective date of this Act] must do both of the following:
a.
Have a medical examination upon joining the fire service that reveals no evidence of a condition under subsection (b) of this section.
b.
Receive periodic medical examinations at no less than the intervals in paragraph (c)(4) of this section.
(2) A covered firefighter who is a member of the fire service on [the effective date of this Act] must do both of the following:
a.
Have a medical examination within 1 year of [the effective date of this Act].
b.
Receive periodic medical examinations at no less than the intervals in paragraph (c)(4) of this section.
(3) A medical examination under this subsection must include all of the following:
a.
A general medical history of the individual and the individual’s family.
b.
A physical examination including height, weight, blood pressure, and laboratory and diagnostic tests.
c.
An evaluation for post-traumatic stress injury.
(4) A covered firefighter must receive a periodic medical examination, at the following minimum intervals:
a.
Every 5 years during the first through twentieth year of service.
b.
Every 3 years beginning at the twenty-first year of service.
(d) The presumption under subsection (a) of this section may be rebutted by a preponderance of the evidence of 1 of the following:
(1) The covered firefighter incurred the condition being alleged under subsection (b) before becoming a firefighter.
(2)a.
There is evidence that the covered firefighter’s condition was caused by the use of tobacco products, or other factors presenting an extremely high risk for the development of the condition under subsection (b) of this section, including physical fitness and weight, lifestyle, hereditary factors, and exposure to agents outside of duties as a firefighter.
b.
The State Fire Prevention Commission and Department of Human Resources shall define the tobacco use that excludes a covered firefighter from the presumption under subsection (a) of this section.
(3) There is evidence that the covered firefighter was not exposed to an agent classified by the International Agency for Research on Cancer or its successor agency as a group 1 or 2A carcinogen.
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05/30/2019 05:11 PM (4) There is evidence that the covered firefighter’s condition under paragraph (b)(4) of this section was caused by exposure to a traumatic event experienced while that did not occur in the line of duty or other risk factors outside of duties as a covered firefighter.
(e) Each fire company, department, and agency must maintain a comprehensive tracking system with records for each member firefighter’s exposure to agents under paragraph (b)(3) of this section.
(f)(1) Beginning 2 years from [the effective date of this Act], the Commissioner shall prepare a report every 2 years regarding the presumed cancer claims under this section.
This report must include all of the following information:
a.
The number of approved claims.
b.
The number of disapproved claims.
c.
The number of active claims.
d.
The cost related to approved claims and active claims.
(2) The Commissioner must submit the report required by paragraph (f)(1) of this section to the members of the General Assembly, the Delaware Fire Chiefs Association, the Delaware Volunteer Firefighter’s Association, the Director of the Office of Management and Budget, and the Director of the Insurance Coverage Office of the Department of Human Resources.
SYNOPSIS This Act expands eligibility for Line-of-Duty disability benefits to paid firefighters who work for municipal fire departments and to fire service instructors and fire marshals who work for the State and for nonphysical disabilities.
This Act also creates a presumption that a covered firefighter who is permanently disabled from heart disease, lung disease, cancer, or post-traumatic stress injury developed the disabling condition because of and in the course of performing official duties.
This Act also provides a list of reasons may be used to rebut this presumption and requires fire companies to keep records of each firefighter's exposure to carcinogens.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Action History

  1. Assigned to Appropriations Committee in House

  2. Reported Out of Committee (Public Safety & Homeland Security) in House with 7 On Its Merits

  3. Assigned to Public Safety & Homeland Security Committee in House

  4. Passed By Senate. Votes: 20 YES 1 ABSENT

  5. Amendment SA 1 to SB 126 - Passed By Senate. Votes: 20 YES 1 ABSENT

  6. Reported Out of Committee (Finance) in Senate with 5 On Its Merits

  7. Introduced and Assigned to Finance Committee in Senate

Sponsors

Sponsorship breakdown

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4 sponsors · 12 co-sponsors · 46 not signed on

Sponsors (4)

Co-sponsors (12)

Not signed on (46)

46 members have not signed on to this bill.

Show all 46 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 9000
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Not Voting
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety veterans labor
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Frequently asked questions

What does SB 126 do?
This Act expands eligibility for Line-of-Duty disability benefits to paid firefighters who work for municipal fire departments and to fire service instructors and fire marshals who work for the State and for nonphysical disabilities. This Act also creates a presumption that a covered firefighter who is permanently disabled from heart disease, lung disease, cancer, or post-traumatic stress injury developed the disabling condition because of and in the course of performing official duties. This Act also provides a list of reasons may be used to rebut this presumption and requires fire companies to keep records of each firefighter's exposure to carcinogens. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 126?
SB 126 is sponsored by Michael F. Smith (Republican), Daniel B. Short (Republican), Ronald E. Gray (Republican), Franklin D. Cooke (Democratic), Richard G. Collins (Republican), David L. Wilson (Republican), Bryant L. Richardson (Republican), William J. Carson (Democratic), Nicole Poore (Democratic), John "Jack" Walsh (Democratic), Trey Paradee (Democratic), John A. Kowalko, Bruce C. Ennis, John L. Mitchell, Anthony Delcollo, and Earl G. Jaques Jr..
What is the current status of SB 126?
This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 126?
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