HOUSE BILL NO. 1293 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SPARKS.
2461H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 87.006, RSMo, and to enact in lieu thereof one new section relating to line of duty retirement benefits for certain persons exposed to hazardous materials.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 87.006, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 87.006, to read as follows: 87.006. 1. Notwithstanding the provisions of any law to the contrary, and only for the 2 purpose of computing retirement benefits provided by an established retirement plan, after 3 five years' service, any condition of impairment of health caused by any infectious disease, 4 disease of the lungs or respiratory tract, hypotension, hypertension, or disease of the heart 5 resulting in total or partial disability or death to a uniformed member of a paid fire department 6 or paid fire and explosion investigator, who successfully passed a physical examination 7 within five years prior to the time a claim is made for such disability or death, which 8 examination failed to reveal any evidence of such condition, shall be presumed to have been 9 suffered in the line of duty, unless the contrary be shown by competent evidence. In order to 10 receive the presumption that an infectious disease was contracted in the line of duty, the 11 member or investigator shall submit to an annual physical examination, at which a blood test 12 is administered. 13 2. Any condition of cancer affecting the skin or the central nervous, lymphatic, 14 digestive, hematological, urinary, skeletal, oral, breast, testicular, genitourinary, liver or 15 prostate systems, as well as any condition of cancer which may result from exposure to heat 16 or radiation or to a known or suspected carcinogen as determined by the International Agency 17 for Research on Cancer, which results in the total or partial disability or death to a uniformed
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1293 2
18 member of a paid fire department or paid fire and explosion investigator, who successfully 19 passed a physical examination within five years prior to the time a claim is made for disability 20 or death, which examination failed to reveal any evidence of such condition, shall be 21 presumed to have been suffered in the line of duty unless the contrary be shown by competent 22 evidence and it can be proven to a reasonable degree of medical certainty that the condition 23 did not result nor was contributed to by the voluntary use of tobacco. 24 3. (1) This section shall apply to paid members of all fire departments of all counties, 25 cities, towns, fire districts, and other governmental units and paid fire and explosion 26 investigators. 27 (2) For the purposes of this section, the term "paid fire and explosion 28 investigator" means any person who is employed by a political subdivision whose 29 official job duties involve investigation of fires or explosions to determine the origin or 30 cause of such fire or explosion, or responsibility for such fire or explosion. 31 4. As used in this section, the term "infectious disease" means the human 32 immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, 33 hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin- 34 resistant staphylococcus aureus, hemorrhagic fever, plague, rabies, and severe acute 35 respiratory syndrome. ✔
Statutes affected: