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SB 107: "An Act relating to the presumption of compensability for a disability resulting from certain diseases for firefighters, emergency medical technicians, paramedics, and peace officers."

00                             SENATE BILL NO. 107                                                                         
01 "An Act relating to the presumption of compensability for a disability resulting from                                   
02 certain diseases for firefighters, emergency medical technicians, paramedics, and peace                                 
03 officers."                                                                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 23.30.121(b) is amended to read:                                                                   
06            (b)  For a firefighter covered under AS 23.30.243, an emergency medical                                  
07       technician, a paramedic, or a peace officer,                                                                  
08                 (1)  there is a presumption that a claim for compensation for disability                                
09       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;                                                                    
01                           (ii)  malignant melanoma;                                                                     
02                           (iii)  leukemia;                                                                              
03                           (iv)  non-Hodgkin's lymphoma;                                                                 
04                           (v)  bladder cancer;                                                                          
05                           (vi)  ureter cancer;                                                                          
06                           (vii)  kidney cancer; [AND]                                                                   
07                           (viii)  prostate cancer; and                                                              
08                           (ix)  breast cancer;                                                                      
09                 (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;                                                                      
01 (4)  notwithstanding (3)(A) and (B) of this subsection, a firefighter,                                              
02 emergency medical technician, paramedic, or peace officer who entered active                                        
03 service as a firefighter, emergency medical technician, paramedic, or peace                                         
04 officer before August 19, 2008, is entitled to the presumption set out in this                                      
05 section if, before August 19, 2008, the firefighter, emergency medical technician,                                  
06 paramedic, or peace officer received all medical examinations provided by the                                       
07 department employing the firefighter, emergency medical technician, paramedic,                                      
08 or peace officer and the examinations did not show evidence of the disease during                                   
09       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.                                                                            
01    * Sec. 5. AS 23.30.121(f) is amended to read:                                                                      
02            (f)  In this section,                                                                                        
03                 (1)  "emergency medical technician" has the meaning given in                                        
04       AS 18.08.200;                                                                                                 
05                 (2)  "firefighter" means                                                                        
06                      (A)  a person employed by a state or municipal fire                                            
07            department or who is a member of a volunteer fire department registered                                  
08            with the state fire marshal; or                                                                          
09                      (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.