Arkansas 2025 Regular Session

Arkansas House Bill HB1293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 414 of the Regular Session
3		-	SSS116 03-06-2025 10:20:15 SSS116
4		-
5		-	State of Arkansas As Engrossed: H2/3/25 H3/6/25 1
	2	+	SSS116 01/28/2025 4:30:05 PM SSS116
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1293 3
8	6		4
9	7		By: Representative Andrews 5
10		-	~~By: Senator K. Hammer~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO AMEND THE LAW CONCERNING DEATH BENEFITS FOR 9
14	12		CERTAIN PUBLIC EMPLOYEES KILLED IN THE LINE OF DUTY; 10
15	13		TO INCREASE THE PAYMENT OF A CLAIM TO DESIGNATED 11
16	14		BENEFICIARIES OR SURVIVORS OF CERTAIN PUBLIC 12
17	15		EMPLOYEES KILLED IN THE LINE OF DUTY; AND FOR OTHER 13
18	16		PURPOSES. 14
19	17		15
20	18		16
21	19		Subtitle 17
22	20		TO INCREASE THE PAYMENT OF A CLAIM TO 18
23	21		DESIGNATED BENEFICIARIES OR SURVIVORS OF 19
24	22		CERTAIN PUBLIC EMPLOYEES KILLED IN THE 20
25	23		LINE OF DUTY. 21
26	24		22
27	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
28	26		24
29	27		SECTION 1. Arkansas Code § 21 -5-705(a), concerning payment of a claim 25
30	28		to designated beneficiaries or survivors of certain specified public 26
31	29		employees killed in the line of duty, is amended to read as follows: 27
32	30		(a) The state shall pay the additional sum of one hundred fifty 28
33	31		thousand dollars ($150,000) two hundred fifty thousand dollars ($250,000) to 29
34	32		the qualified recipient or recipients of a: 30
35	33		(1) Police officer, wildlife enforcement officer or game warden, 31
36	34		commissioned law enforcement officer or emergency response employee of the 32
37	35		Department of Parks, Heritage, and Tourism, Division of Community Correction 33
38		-	employee, employee of the Division of Correction, jailer, or coroner~~, or~~ 34
39		-	~~state highway employee whose~~ death occurred: 35
40		-	(A) After January 1, 2003; and 36 ~~As Engrossed: H2/3/25 H3/6/25~~ HB1293
	36	+	employee, employee of the Division of Correction, jailer, or coroner whose 34
	37	+	death occurred: 35
	38	+	(A) After January 1, 2003; and 36 HB1293
41	39
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44		-
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45	41		(B) Either: 1
46	42		(i) In the official line of duty as the result of a 2
47	43		criminal or negligent action of another person or persons or as the result of 3
48	44		the engagement in exceptionally hazardous duty; or 4
49	45		(ii) In the line of duty while the officer or 5
50	46		employee was performing emergency medical activities; 6
51	47		(2) Firefighter, emergency medical technician, or employee of 7
52	48		the Arkansas Forestry Commission killed after July 1, 1987, while responding 8
53	49		to, engaging in, or returning from a fire, a rescue incident, a hazardous 9
54	50		material or bomb incident, an emergency medical activity, or simulated 10
55	51		training thereof; and 11
56	52		(3)(A)(i) Firefighter killed in the line of duty after January 12
57	53		1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple 13
58	54		myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, 14
59	55		breast, cervix, thyroid, prostate, testicle, or a cancer that has been found 15
60	56		by research and statistics to show higher instances of occurrence in 16
61	57		firefighters than in the general population, if he or she was exposed to a 17
62	58		known carcinogen as determined by the Department of Health with consideration 18
63	59		to the findings of the International Agency for Research on Cancer while in 19
64	60		the official line of duty. 20
65	61		(ii) Subdivision (a)(3)(A)(i) of this section does 21
66	62		not include a firefighter who was diagnosed with cancer prior to the start of 22
67	63		firefighter service. 23
68	64		(B) A death benefit under subdivision (a)(3)(A) of this 24
69	65		section shall be limited to: 25
70	66		(i) A maximum of one hundred fifty thousand dollars 26
71	67		($150,000) two hundred fifty thousand dollars ($250,000) per individual 27
72	68		death, including educational benefits provided in § 6 -82-501 et seq.; and 28
73	69		(ii) A firefighter who is under sixty -eight (68) 29
74	70		years of age. 30
75	71		(C)(i) The Firefighter Benefit Review Panel is created for 31
76	72		the purpose of making recommendations to the Arkansas State Claims Commission 32
77	73		regarding determinations of death benefits under subdivision (a)(3)(A) of 33
78	74		this section for deaths associated with cancer. 34
79	75		(ii) The panel shall consist of the following seven 35
80		-	(7) individuals to be appointed by the Governor: 36 ~~As Engrossed: H2/3/25 H3/6/25~~ HB1293
	76	+	(7) individuals to be appointed by the Governor: 36 HB1293
81	77
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85	79		(a) One (1) licensed oncologist; 1
86	80		(b)(1) Two (2) firefighters paid by the state, 2
87	81		a county, or a municipality. 3
88	82		(2) One (1) firefighter under 4
89	83		subdivision (a)(3)(C)(ii)(b)(1) of this section shall be appointed from a 5
90	84		list of names submitted by the Arkansas Professional Fire Fighters 6
91	85		Association; 7
92	86		(c)(1) Two (2) volunteer firefighters. 8
93	87		(2) One (1) firefighter under 9
94	88		subdivision (a)(3)(C)(ii)(c)(1) of this section shall be appointed from a 10
95	89		list of names submitted by the Arkansas State Firefighters Association, Inc.; 11
96	90		(d) One (1) fire chief who may be appointed 12
97	91		from a list of names submitted by the Arkansas Association of Fire Chiefs; 13
98	92		and 14
99	93		(e) One (1) citizen with experience in either 15
100	94		cancer and healthcare professions or firefighter relations. 16
101	95		(iii)(a) Panel members shall serve a term of four 17
102	96		(4) years. 18
103	97		(b) In the event of a vacancy in the 19
104	98		membership of the panel, the Governor shall appoint a person meeting the 20
105	99		applicable eligibility requirements of the vacated position to fill the 21
106	100		vacancy for the remainder of the unexpired term. 22
107	101		(iv)(a) The panel shall hold at least one (1) 23
108	102		regular meeting in each calendar year at a time and place determined by the 24
109	103		panel. 25
110	104		(b) Special meetings may be called at the 26
111	105		discretion of the chair selected under subdivision (a)(3)(C)(v) of this 27
112	106		section. 28
113	107		(v) The panel shall select a chair and vice chair 29
114	108		during the first annual meeting of each four -year term. 30
115	109		(vi) Four (4) members of the panel constitute a 31
116	110		quorum to transact business. 32
117	111		(vii) The members of the panel may receive expense 33
118	112		reimbursement in accordance with § 25 -16-901 et seq. 34
119	113		(viii) The panel shall: 35
120		-	(a) Render advisory opinions and reports 36 ~~As Engrossed: H2/3/25 H3/6/25~~ HB1293
	114	+	(a) Render advisory opinions and reports 36 HB1293
121	115
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124		-
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125	117		concerning research and statistics that show higher instances of cancer among 1
126	118		firefighters; 2
127	119		(b) Review claims for death benefits of 3
128	120		firefighters who have died of cancer; and 4
129	121		(c) Make recommendations to the Arkansas State 5
130	122		Claims Commission on death benefit awards under subdivision (a)(3)(A) of this 6
131	123		section. 7
132	124		(D) This section: 8
133	125		(i) Does not apply to any other benefits granted by 9
134	126		the state, a county, a city, or a municipality; and 10
135	127		(ii) Does not grant a cause of action against the 11
136	128		state, a county, a city, or a municipality. 12
137	129		13
138	130		SECTION 2. Arkansas Code § 21 -5-705(c)(2)(A), concerning payment of a 14
139	131		claim to designated beneficiaries or survivors of certain specified public 15
140	132		employees killed in the line of duty, is amended to read as follows: 16
141	133		(2)(A) Seventy-five thousand dollars ($75,000) One hundred 17
142	134		twenty-five thousand dollars ($125,000) of the one hundred fifty thousand 18
143	135		dollars ($150,000) two hundred fifty thousand dollars ($250,000) provided in 19
144	136		subdivision (c)(1) of this section shall be paid by the appropriate state 20
145	137		department agency fund account. 21
146	138		22
147		-	~~/s/Andrews~~ 23
	139	+	23
148	140		24
149	141		25
150		-	~~APPROVED: 3/25/25~~ 26
	142	+	26
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