Vermont H. 661: An act relating to regenerative organic farming

Status: Read First Time and Referred to the Committee on Agriculture and Forestry (as of 2018-01-18)

State: Vermont · Session: 2017-2018 · Bill: H. 661

Sponsors: Amy Sheldon, Ben Joseph, Brian Cina, Carol Ode, Charles "Chip" Conquest, Daniel Noyes, David Yacovone, Diana Gonzalez, Diane Lanpher, Elizabeth Dunn, Gabrielle Lucke, George Till, James Masland, James McCullough, Joseph "Chip" Troiano, Less…, Lori Houghton, Maida Townsend, Martin LaLonde, Mary Sullivan, Michael Mrowicki, Michael Yantachka, Paul Belaski, Philip Hooper, Robin Scheu

Bill Text

BILL AS INTRODUCED H.661
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VT LEG #385632 v.1
H.661 1
Introduced by Representatives Taylor of Milton, Micklus of Milton, Morgan, 2
L. of Milton, Morgan, M. of Milton, and Steady of Milton 3
Referred to Committee on 4
Date: 5
Subject: Labor; workers’ compensation; firefighters; cancer 6
Statement of purpose of bill as introduced: This bill proposes to add cancers of 7
the larynx, pharynx, and trachea to the cancers for which a firefighter may be 8
eligible to receive workers’ compensation. This bill also proposes to delete the 9
requirement that a firefighter be under 65 years of age for a cancer to be 10
presumed to have occurred in the line of duty. 11
An act relating to workers’ compensation coverage for firefighters with 12
cancer 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 21 V.S.A. § 601 is amended to read: 15
§ 601. DEFINITIONS 16
As used in this chapter: 17
* * * 18

BILL AS INTRODUCED H.661
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VT LEG #385632 v.1
(11) “Personal injury by accident arising out of and in the course of 1
employment” includes an injury caused by the willful act of a third person 2
directed against an employee because of that employment. 3
* * * 4
(E) In the case of a firefighter, as defined in 20 V.S.A. § 3151(3) and 5
(4), who dies or has a disability from a cancer listed in subdivision (iii) of this 6
subdivision (E), the firefighter shall be presumed to have had the cancer as a 7
result of exposure to conditions in the line of duty, unless it is shown by a 8
preponderance of the evidence that the cancer was caused by nonservice-9
connected risk factors or nonservice-connected exposure, provided: 10
(i)(I) the firefighter completed an initial and any subsequent 11
cancer screening evaluations as recommended by the American Cancer Society 12
based on the age and sex of the firefighter prior to becoming a firefighter or 13
while serving as a firefighter, and the evaluation indicated no evidence of 14
cancer; and 15
(II) the firefighter was engaged in firefighting duties or other 16
hazardous activities over a period of at least five years in Vermont prior to the 17
diagnosis; and 18
(III) the firefighter is under 65 years of age. 19
(ii) The presumption shall not apply to any firefighter who has 20
used tobacco products at any time within 10 years of the date of diagnosis. 21

BILL AS INTRODUCED H.661
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VT LEG #385632 v.1
(iii) The disabling cancer shall be limited to leukemia, lymphoma, 1
or multiple myeloma, and cancers originating in the bladder, brain, breast, 2
colon, gastrointestinal tract, kidney, larynx, liver, lung, pancreas, pharynx, 3
reproductive system, skin, or thyroid, or trachea. 4
(F) A firefighter who is diagnosed with cancer within 10 years of the 5
last active date of employment as a firefighter shall be eligible for benefits 6
under this subdivision. The date of injury shall be the date of the last injurious 7
exposure as a firefighter. 8
(G) It is recommended that fire departments: 9
(i) maintain incident report records for at least 10 years; and 10
(ii) offer or provide annual cancer screenings to all firefighters 11
who are employed by or who volunteer for the department. 12
* * * 13
Sec. 2. EFFECTIVE DATE 14
This act shall take effect on July 1, 2026. 15

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