CHAPTER NUMBER: 179
File Code: Workers' Compensation
Prior Year Introduction As: HB 1287/98 - HRU
Crossfiled with: HOUSE BILL 311
Sponsored By:
Senators Hafer and Ferguson
Entitled:
Workers' Compensation - Department of Natural Resources
Synopsis:
Providing that specified employees of the Department of Natural Resources are covered employees for the purpose of workers' compensation benefits; providing that specified paid law enforcement employees suffering from Lyme disease are presumed, under specified circumstances, to have an occupational disease that was suffered in the line of duty and is compensable in a specified manner; providing for an exemption for individuals who object to a specified immunization for religious reasons; etc.
History by Legislative Date
Senate Action
2/5
First Reading Finance
2/9
Hearing 3/4 at 1:00 p.m.
3/8
Favorable with Amendments Report by Finance
3/9
Favorable with Amendments Report Adopted
Second Reading Passed with Amendments
3/11
Third Reading Passed (46-0)
4/9
Senate Concur - House Amendments
Third Reading Passed (46-0)
Passed Enrolled
4/27
Signed by the Governor Chapter 179
House Action
3/12
First Reading Economic Matters
3/17
Hearing 4/1 at 1:00 p.m.
4/9
Favorable with Amendments Report by Economic Matters
4/5
Favorable with Amendments Report Adopted
Second Reading Passed with Amendments
4/6
Third Reading Passed with Amendments (135-1)
Sponsored by:
Bill indexed under the following Subjects:
Number: 617869/1 (WordPerfect / PDF) Offered on: March 9, 1999 at: 11:42 a.m. Status: Adopted
House
Number: 293483/1 (WordPerfect / PDF) Offered on: April 9, 1999 at: 11:46 a.m. Status: Adopted
Roll Call Votes (Legislative dates are shown):
Senate
House
April 6, 1999: Third Reading Passed (135-1)
http://mlis.state.md.us/1999rs/billfile/sb0420.htm
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SENATE BILL 420
Unofficial Copy 1999 Regular Session
K1 (9lr2048)
ENROLLED BILL
-- Finance/Economic Matters --
Introduced by Senators Hafer and Ferguson
Read and Examined by Proofreaders:
_____________________________________________
Proofreader.
_____________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_____ day of ____________ at ____________________ o'clock, _____M.
_____________________________________________
President.
CHAPTER_______
1 AN ACT concerning
2 Workers' Compensation - Department of Natural Resources
3 FOR the purpose of providing that certain employees engaged for fire fighting by of
4 the Department of Natural Resources are covered employees for the purpose of
5 workers' compensation benefits; providing that certain paid law enforcement
6 paid law enforcement employees suffering from Lyme disease are presumed,
7 under certain circumstances, to have an occupational disease that was suffered
8 in the line of duty and is compensable in a certain manner; providing for a
9 certain exemption for certain individuals who object to a certain immunization
10 for religious reasons; and generally relating to workers' compensation benefits.
11 BY repealing and reenacting, with amendments,
12 Article - Labor and Employment
13 Section 9-207 and 9-503
14 Annotated Code of Maryland
15 (1991 Volume and 1998 Supplement)
2 SENATE BILL 420
1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
2 MARYLAND, That the Laws of Maryland read as follows:
3 Article - Labor and Employment
4 9-207.
5 (a) A registered crew member, A PAID LAW ENFORCEMENT EMPLOYEE, , A
6 PAID LAW ENFORCEMENT EMPLOYEE, or an individual engaged for fire fighting by
7 the Department of Natural Resources is a covered employee.
8 (b) Notwithstanding § 9-203 of this subtitle, an individual engaged for fire
9 fighting who otherwise would be a covered employee under subsection (a) of this
10 section is a covered employee even if the fire fighting takes place outside of the State.
11 (c) AN EMPLOYEE WHOSE POSITION REGULARLY PLACES THAT EMPLOYEE IN
12 WOODS, FIELDS, OR GRASSY OUTDOORS IS A COVERED EMPLOYEE.
13 (D) (C) Notwithstanding § 9-205 of this subtitle, an individual who
14 otherwise would be a covered employee under subsection (a) of this section is a
15 covered employee even if engaged temporarily or part time.
16 (d) (E) (D) For the purpose of this title, the Department of Natural
17 Resources is the employer of an individual who is a covered employee under this
18 section.
19 9-503.
20 (a) A paid fire fighter, paid fire fighting instructor, or sworn member of the
21 Office of the State Fire Marshal employed by an airport authority, a county, a fire
22 control district, a municipality, or the State or a volunteer fire fighter, volunteer fire
23 fighting instructor, volunteer rescue squad member, or volunteer advanced life
24 support unit member who is a covered employee under § 9-234 of this title is
25 presumed to have an occupational disease that was suffered in the line of duty and is
26 compensable under this title if:
27 (1) the individual has heart disease, hypertension, or lung disease;
28 (2) the heart disease, hypertension, or lung disease results in partial or
29 total disability or death; and
30 (3) in the case of a volunteer fire fighter, volunteer fire fighting
31 instructor, volunteer rescue squad member, or volunteer advanced life support unit
32 member, the individual has met a suitable standard of physical examination before
33 becoming a fire fighter, fire fighting instructor, rescue squad member, or advanced
34 life support unit member.
35 (b) (1) A paid police officer employed by an airport authority, a county, the
36 Maryland-National Capital Park and Planning Commission, a municipality, or the
37 State, a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this
3 SENATE BILL 420
1 subsection, a Prince George's County deputy sheriff is presumed to be suffering from
2 an occupational disease that was suffered in the line of duty and is compensable
3 under this title if:
4 (i) the police officer or deputy sheriff is suffering from heart
5 disease or hypertension; and
6 (ii) the heart disease or hypertension results in partial or total
7 disability or death.
8 (2) (i) A Prince George's County deputy sheriff is entitled to the
9 presumption under this subsection only to the extent that the individual suffers from
10 heart disease or hypertension that is more severe than the individual's heart disease
11 or hypertension condition existing prior to the individual's employment as a Prince
12 George's County deputy sheriff.
13 (ii) To be eligible for the presumption under this subsection, a
14 Prince George's County deputy sheriff, as a condition of employment, shall submit to
15 a medical examination to determine any heart disease or hypertension condition
16 existing prior to the individual's employment as a Prince George's County deputy
17 sheriff.
18 (c) A paid fire fighter, paid fire fighting instructor, or a sworn member of the
19 Office of the State Fire Marshal employed by an airport authority, a county, a fire
20 control district, a municipality, or the State or a volunteer fire fighter, volunteer fire
21 fighting instructor, volunteer rescue squad member, or volunteer advanced life
22 support unit member who is a covered employee under § 9-234 of this title is
23 presumed to be suffering from an occupational disease that was suffered in the line of
24 duty and is compensable under this title if the individual:
25 (1) has leukemia or pancreatic, prostate, rectal, or throat cancer that is
26 caused by contact with a toxic substance that the individual has encountered in the
27 line of duty;
28 (2) has completed at least 5 years of service as a fire fighter, fire fighting
29 instructor, rescue squad member, or advanced life support unit member or in a
30 combination of those jobs in the department where the individual currently is
31 employed or serves;
32 (3) is unable to perform the normal duties of a fire fighter, fire fighting
33 instructor, rescue squad member, or advanced life support unit member in the
34 department where the individual currently is employed or serves because of the
35 cancer or leukemia disability; and
36 (4) in the case of a volunteer fire fighter, volunteer fire fighting
37 instructor, volunteer rescue squad member, or volunteer advanced life support unit
38 member, has met a suitable standard of physical examination before becoming a fire
39 fighter, fire fighting instructor, rescue squad member, or advanced life support unit
40 member.
4 SENATE BILL 420
1 (D) (1) A PAID LAW ENFORCEMENT A PAID LAW ENFORCEMENT AN
2 EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A COVERED
3 EMPLOYEE UNDER § 9-207(C) OF THIS TITLE IS PRESUMED TO HAVE AN
4 OCCUPATIONAL DISEASE THAT WAS SUFFERED IN THE LINE OF DUTY AND IS
5 COMPENSABLE UNDER THIS TITLE IF THE EMPLOYEE:
6 (1) (I) IS SUFFERING FROM LYME DISEASE; AND
7 (2) (II) WAS NOT SUFFERING FROM LYME DISEASE BEFORE
8 ASSIGNMENT TO A POSITION THAT REGULARLY PLACES THE EMPLOYEE IN AN
9 OUTDOOR WOODED ENVIRONMENT WOODS, FIELDS, OR GRASSY OUTDOORS AN
10 OUTDOOR WOODED ENVIRONMENT; AND
11 (3) (III) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
12 DEMONSTRATES THAT THE EMPLOYEE HAD ANY LYME DISEASE VACCINATION
13 REQUIRED OR MADE AVAILABLE TO THE EMPLOYEE BY THE DEPARTMENT OF
14 NATURAL RESOURCES.
15 (2) THE REQUIREMENT IMPOSED BY PARAGRAPH (1)(III) OF THIS
16 SUBSECTION DOES NOT APPLY TO AN INDIVIDUAL WHO OBJECTS TO IMMUNIZATION
17 BECAUSE IT CONFLICTS WITH THE INDIVIDUAL'S BONA FIDE RELIGIOUS BELIEFS
18 AND PRACTICES.
19 [(d)] (E) (1) Except as provided in paragraph (2) of this subsection, any paid
20 fire fighter, paid fire fighting instructor, sworn member of the Office of the State Fire
21 Marshal, paid police officer, PAID LAW ENFORCEMENT PAID LAW ENFORCEMENT
22 EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES, or [any] deputy sheriff
23 of Montgomery County or Prince George's County who is eligible for benefits under
24 subsection (a), (b), [or] (c), OR (D) of this section shall receive the benefits in addition
25 to any benefits that the individual is entitled to receive under the retirement system
26 in which the individual was a participant at the time of the claim.
27 (2) The benefits received under this title shall be adjusted so that the
28 weekly total of those benefits and retirement benefits does not exceed the weekly
29 salary that was paid to the PAID LAW ENFORCEMENT EMPLOYEE OF THE
30 DEPARTMENT OF NATURAL RESOURCES, fire fighter, fire fighting instructor, sworn
31 member of the Office of the State Fire Marshal, police officer, or deputy sheriff.
32 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
33 October 1, 1999.
5 SENATE BILL 420
http://mlis.state.md.us/PDF-Documents/1999rs/bills/sb/sb0420e.pdf
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SB 420 Fiscal Note
SB 420
Department of Legislative Services
Maryland General Assembly
1999 Session
FISCAL NOTE
Revised
Senate Bill 420 (Senators Hafer and Ferguson)
Finance
Workers’ Compensation - Department of Natural Resources
This bill clarifies that paid law enforcement employees of the Department of Natural
Resources (DNR) are covered employees for workers’ compensation purposes. The bill also
provides that a paid law enforcement employee of DNR is presumed to have an occupational
disease that was suffered in the line of duty and is compensable under workers’
compensation law if the employee: (1) is suffering from Lyme Disease; (2) was not suffering
from Lyme Disease before assignment to a position that regularly places the employee in an
outdoor wooded environment; and (3) demonstrates that the employee had any Lyme Disease
vaccination required or made available to the employee by DNR. The vaccination
requirement does not apply to an individual who objects to immunization because it conflicts
with the individual’s bona fide religious beliefs and practices. Any workers’ compensation
benefits paid under this proposal would be in addition to any disability retirement benefit,
although the combined weekly benefit cannot exceed the employee’s weekly wage.
Fiscal Summary
State Effect: Minimal or no impact. DNR police and park rangers are currently covered by
workers’ compensation for occupational diseases. Most Lyme Disease cases of these
employees would already be covered by workers’ compensation.
Local Effect: None.
Small Business Effect: None.
SB 420 / Page 2
Fiscal Analysis
State Expenditures: Currently there are approximately 200 DNR police officers and
approximately 180 park rangers.
DNR police and park rangers are currently covered employees of DNR for workers’
compensation purposes. The Injured Workers’ Insurance Fund (IWIF), which administers
the State’s workers’ compensation coverage, advises that many claims under this provision
would also be compensable under current law. The only change under the proposal would be
the creation of a presumption that the Lyme Disease was the result of job-related activities,
increasing the likelihood of the success of the claim.
For illustrative purposes, if there were two such claims per year that were not currently
compensable but compensable under this provision, then the potential cost to the State would
be $42,000 annually based on an average cost per claim of $21,000. (Claims involving Lyme
Disease are potentially more costly than average if the disease goes undiagnosed for a period
of time.) These costs would be reflected in higher State workers’ compensation
expenditures.
Information Source(s): Department of Natural Resources, Injured Workers’ Insurance
Fund, Subsequent Injury Fund, Uninsured Employers’ Fund, Workers’ Compensation
Commission, National Council on Compensation Insurance, Department of Legislative
Services
Fiscal Note History: First Reader - February 26, 1999
ncs/jr Revised - Senate Third Reader - March 29, 1999
Revised - Enrolled Bill - April 13, 1999
Analysis by: Matthew D. Riven Direct Inquiries to:
John Rixey, Coordinating Analyst
(410) 946-5510
(301) 970-5510
http://mlis.state.md.us/PDF-Documents/1999rs/fnotes/bil_0000/sb0420.PDF