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SENATE BILL NO. 107
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY SENATOR GRAY-JACKSON
Introduced: 4/10/19
Referred: Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the presumption of compensability for a disability resulting from
2 certain diseases for firefighters, emergency medical technicians, paramedics, and peace
3 officers."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 23.30.121(b) is amended to read:
6 (b) For a firefighter covered under AS 23.30.243, an emergency medical
7 technician, a paramedic, or a peace officer,
8 (1) there is a presumption that a claim for compensation for disability
9 as a result of the following diseases is within the provisions of this chapter:
10 (A) respiratory disease;
11 (B) cardiovascular events that are experienced within 72 hours
12 after exposure to smoke, fumes, or toxic substances; and
13 (C) the following cancers:
14 (i) primary brain cancer;
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1 (ii) malignant melanoma;
2 (iii) leukemia;
3 (iv) non-Hodgkin's lymphoma;
4 (v) bladder cancer;
5 (vi) ureter cancer;
6 (vii) kidney cancer; [AND]
7 (viii) prostate cancer; and
8 (ix) breast cancer;
9 (2) notwithstanding AS 23.30.100(a), following termination of service,
10 the presumption established in (1) of this subsection extends to the firefighter,
11 emergency medical technician, paramedic, or peace officer for a period of three
12 calendar months for each year of requisite service but may not extend more than 60
13 calendar months following the last date of employment;
14 (3) the presumption established in (1) of this subsection applies only to
15 an active or former firefighter, emergency medical technician, paramedic, or peace
16 officer who has a disease described in (1) of this subsection that develops or manifests
17 itself after the firefighter, emergency medical technician, paramedic, or peace
18 officer has served in the state for at least seven years and who
19 (A) was given a qualifying medical examination upon
20 becoming a firefighter, emergency medical technician, paramedic, or peace
21 officer that did not show evidence of the disease;
22 (B) was given an annual medical examination [EXAM] during
23 each of the first seven years of employment that did not show evidence of the
24 disease; and
25 (C) with regard to diseases described in (1)(C) of this
26 subsection, demonstrates that, while in the course of employment as a
27 firefighter, emergency medical technician, paramedic, or peace officer, the
28 firefighter, emergency medical technician, paramedic, or peace officer was
29 exposed to a known carcinogen, as defined by the International Agency for
30 Research on Cancer or the National Toxicology Program, and the carcinogen is
31 associated with a disabling cancer;
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1 (4) notwithstanding (3)(A) and (B) of this subsection, a firefighter,
2 emergency medical technician, paramedic, or peace officer who entered active
3 service as a firefighter, emergency medical technician, paramedic, or peace
4 officer before August 19, 2008, is entitled to the presumption set out in this
5 section if, before August 19, 2008, the firefighter, emergency medical technician,
6 paramedic, or peace officer received all medical examinations provided by the
7 department employing the firefighter, emergency medical technician, paramedic,
8 or peace officer and the examinations did not show evidence of the disease during
9 the first seven years of employment.
10 * Sec. 2. AS 23.30.121(c) is amended to read:
11 (c) The presumption set out in this section applies only to
12 (1) a firefighter who, at a minimum, holds a certificate as a Firefighter
13 I by the Department of Public Safety under firefighter testing and certification
14 standards established by the department under authority of AS 18.70.350(1) or other
15 applicable statutory authority;
16 (2) a peace officer;
17 (3) an emergency medical technician; and
18 (4) a paramedic.
19 * Sec. 3. AS 23.30.121(d) is amended to read:
20 (d) The provisions of (b)(1)(A) and (B) of this section do not apply to a
21 firefighter, emergency medical technician, paramedic, or peace officer who
22 develops a cardiovascular or lung condition and who has a history of tobacco product
23 use as established under (e)(2) of this section.
24 * Sec. 4. AS 23.30.121(e) is amended to read:
25 (e) The department shall, by regulation, define
26 (1) for purposes of (b)(1) - (3) of this section, the type and extent of the
27 medical examination that is needed to eliminate evidence of the disease in an active or
28 former firefighter, emergency medical technician, paramedic, or peace officer; and
29 (2) for purposes of (d) of this section, the nature and quantity of a
30 person's tobacco product use; the standards adopted under this paragraph shall use or
31 be based on existing medical research.
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1 * Sec. 5. AS 23.30.121(f) is amended to read:
2 (f) In this section,
3 (1) "emergency medical technician" has the meaning given in
4 AS 18.08.200;
5 (2) "firefighter" means
6 (A) a person employed by a state or municipal fire
7 department or who is a member of a volunteer fire department registered
8 with the state fire marshal; or
9 (B) a person registered for purposes of workers'
10 compensation with the state fire marshal as a member of a volunteer fire
11 department;
12 (3) "paramedic" has the meaning given in AS 12.55.185;
13 (4) "peace officer" has the meaning given in AS 11.81.900
14 [AS 09.65.295].
15 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to
16 read:
17 APPLICABILITY. AS 23.30.121, as amended by this Act, applies to claims made on
18 or after the effective date of this Act.
19 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to
20 read:
21 REVISOR'S INSTRUCTION. The revisor of statutes is encouraged to update the
22 catch line of AS 23.30.121 to reflect the changes to that section made in this Act.
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Statutes affected: SB0107A, AM SB 107, introduced 04/10/2019: 23.30.121, 23.30.243, 23.30.100, 18.70.350, 18.08.200, 12.55.185, 11.81.900, 09.65.295