SENATE BILL NO. 451


   March 18, 1999, Introduced by Senator ROGERS and referred to the
        Committee on Human Resources, Labor, Senior Citizens and
        Veterans Affairs.



        A bill to amend 1969 PA 317, entitled

   "Worker's disability compensation act of 1969,"

   by amending section 405 (MCL 418.405), as amended by 1980 PA

   457.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 405.  (1) In the case of a member of a  full
              FULLY

 2    paid fire department of an airport run by a county  road
             commis-

 3     sion in counties of 1,000,000 population or more 
                       OR A PUBLIC

 4    AIRPORT AUTHORITY, or by a state university or college;  ,
              or of

 5    a  full  FULLY paid fire or police department of a
             city, town-

 6    ship, or incorporated village employed and compensated upon a

 7    full-time basis;  ,  a county sheriff and the
             deputies of the

 8    county sheriff;  ,  members of the state police;
              ,  conservation

 9    officers;  ,  and OFFICERS OF THE motor carrier
              inspectors of

10     the Michigan public service commission  ENFORCEMENT
                       DIVISION OF


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 1    THE DEPARTMENT OF STATE POLICE, "personal injury" shall be

 2    construed to include respiratory and heart diseases, or illnesses

 3    resulting therefrom, which develop or manifest themselves during

 4    a period while the member of the department is in the active

 5    service of the department and THAT result from the performance of

 6    duties for the department.

 7         (2) FOR MEMBERS OF FULLY PAID FIRE DEPARTMENTS EMPLOYED 24

 8    MONTHS OR MORE, "PERSONAL INJURY" SHALL BE CONSTRUED TO INCLUDE

 9    ALL RESPIRATORY TRACT, BLADDER, SKIN, BRAIN, KIDNEY, BLOOD, AND

10    LYMPHATIC CANCERS.

11         (3)  (2)  Such respiratory and heart diseases
              or  AND ill-

12    nesses resulting therefrom, AND RESPIRATORY TRACT, BLADDER, SKIN,

13    BRAIN, KIDNEY, BLOOD, AND LYMPHATIC CANCERS are deemed to arise

14    out of and in the course of employment in the absence of evidence

15    to the contrary.  RESPIRATORY TRACT, BLADDER, SKIN, BRAIN,

16    KIDNEY, BLOOD, AND LYMPHATIC CANCERS OF A MEMBER OF A FULLY PAID

17    FIRE DEPARTMENT ARE NOT DEEMED TO ARISE OUT OF AND IN THE COURSE

18    OF EMPLOYMENT IF EVIDENCE IS SHOWN THAT THE MEMBER OF THE FULLY

19    PAID FIRE DEPARTMENT WAS A CONSISTENT SMOKER OF CIGARETTES OR

20    OTHER TOBACCO PRODUCTS WITHIN THE 5 YEARS IMMEDIATELY PRECEDING

21    THE DATE OF FILING A CLAIM UNDER THIS ACT.

22         (4)  (3)  As a condition precedent to filing
             an application

23    for benefits, the claimant, if he or she is one of those enumer-

24    ated in subsection (1) OR (2), shall first make application for,

25    and do all things necessary to qualify for any pension benefits

26    which he or she, or his or her decedent, may be entitled to.  If

27    a final determination is made that pension benefits shall not be



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 1    awarded, then the presumption of "personal injury" as provided in

 2    this section shall apply.  The employer or employee may request 2

 3    copies of the determination denying pension benefits, 1 copy of

 4    which may be filed with the bureau.

 5         (5) THE BUREAU SHALL RESEARCH THE FINANCIAL AND PROCEDURAL

 6    IMPLICATIONS OF APPLYING A CANCER PRESUMPTION TO VOLUNTEER

 7    FIREFIGHTERS.  THE STUDY SHALL INCLUDE A DESCRIPTION OF THE NEC-

 8    ESSARY AMENDMENTS TO THIS ACT IN ORDER TO APPLY A CANCER PRESUMP-

 9    TION ON AN EQUAL BASIS TO ALL CLASSIFICATIONS OF FIREFIGHTERS.

10    THE REPORT SHALL BE PROVIDED TO THE CHAIR AND VICE-CHAIR OF THE

11    SENATE HUMAN RESOURCES, LABOR AND VETERANS AFFAIRS COMMITTEE, AND

12    THE CHAIR AND VICE-CHAIR OF THE HOUSE LABOR AND OCCUPATIONAL

13    SAFETY COMMITTEE BY JUNE 30, 2000.































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