Stricken language would be deleted from and underlined language would be added to present law.
Act 414 of the Regular Session
*SSS116* 03-06-2025 10:20:15 SSS116
State of Arkansas As Engrossed: H2/3/25 H3/6/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1293 3
4
By: Representative Andrews 5
By: Senator K. Hammer 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING DEATH BENEFITS FOR 9
CERTAIN PUBLIC EMPLOYEES KILLED IN THE LINE OF DUTY; 10
TO INCREASE THE PAYMENT OF A CLAIM TO DESIGNATED 11
BENEFICIARIES OR SURVIVORS OF CERTAIN PUBLIC 12
EMPLOYEES KILLED IN THE LINE OF DUTY; AND FOR OTHER 13
PURPOSES. 14
15
16
Subtitle 17
TO INCREASE THE PAYMENT OF A CLAIM TO 18
DESIGNATED BENEFICIARIES OR SURVIVORS OF 19
CERTAIN PUBLIC EMPLOYEES KILLED IN THE 20
LINE OF DUTY. 21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
24
SECTION 1. Arkansas Code § 21-5-705(a), concerning payment of a claim 25
to designated beneficiaries or survivors of certain specified public 26
employees killed in the line of duty, is amended to read as follows: 27
(a) The state shall pay the additional sum of one hundred fifty 28
thousand dollars ($150,000) two hundred fifty thousand dollars ($250,000) to 29
the qualified recipient or recipients of a: 30
(1) Police officer, wildlife enforcement officer or game warden, 31
commissioned law enforcement officer or emergency response employee of the 32
Department of Parks, Heritage, and Tourism, Division of Community Correction 33
employee, employee of the Division of Correction, jailer, or coroner, or 34
state highway employee whose death occurred: 35
(A) After January 1, 2003; and 36 As Engrossed: H2/3/25 H3/6/25 HB1293
2 03-06-2025 10:20:15 SSS116
(B) Either: 1
(i) In the official line of duty as the result of a 2
criminal or negligent action of another person or persons or as the result of 3
the engagement in exceptionally hazardous duty; or 4
(ii) In the line of duty while the officer or 5
employee was performing emergency medical activities; 6
(2) Firefighter, emergency medical technician, or employee of 7
the Arkansas Forestry Commission killed after July 1, 1987, while responding 8
to, engaging in, or returning from a fire, a rescue incident, a hazardous 9
material or bomb incident, an emergency medical activity, or simulated 10
training thereof; and 11
(3)(A)(i) Firefighter killed in the line of duty after January 12
1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple 13
myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, 14
breast, cervix, thyroid, prostate, testicle, or a cancer that has been found 15
by research and statistics to show higher instances of occurrence in 16
firefighters than in the general population, if he or she was exposed to a 17
known carcinogen as determined by the Department of Health with consideration 18
to the findings of the International Agency for Research on Cancer while in 19
the official line of duty. 20
(ii) Subdivision (a)(3)(A)(i) of this section does 21
not include a firefighter who was diagnosed with cancer prior to the start of 22
firefighter service. 23
(B) A death benefit under subdivision (a)(3)(A) of this 24
section shall be limited to: 25
(i) A maximum of one hundred fifty thousand dollars 26
($150,000) two hundred fifty thousand dollars ($250,000) per individual 27
death, including educational benefits provided in § 6 -82-501 et seq.; and 28
(ii) A firefighter who is under sixty -eight (68) 29
years of age. 30
(C)(i) The Firefighter Benefit Review Panel is created for 31
the purpose of making recommendations to the Arkansas State Claims Commission 32
regarding determinations of death benefits under subdivision (a)(3)(A) of 33
this section for deaths associated with cancer. 34
(ii) The panel shall consist of the following seven 35
(7) individuals to be appointed by the Governor: 36 As Engrossed: H2/3/25 H3/6/25 HB1293
3 03-06-2025 10:20:15 SSS116
(a) One (1) licensed oncologist; 1
(b)(1) Two (2) firefighters paid by the state, 2
a county, or a municipality. 3
(2) One (1) firefighter under 4
subdivision (a)(3)(C)(ii)(b)(1) of this section shall be appointed from a 5
list of names submitted by the Arkansas Professional Fire Fighters 6
Association; 7
(c)(1) Two (2) volunteer firefighters. 8
(2) One (1) firefighter under 9
subdivision (a)(3)(C)(ii)(c)(1) of this section shall be appointed from a 10
list of names submitted by the Arkansas State Firefighters Association, Inc.; 11
(d) One (1) fire chief who may be appointed 12
from a list of names submitted by the Arkansas Association of Fire Chiefs; 13
and 14
(e) One (1) citizen with experience in either 15
cancer and healthcare professions or firefighter relations. 16
(iii)(a) Panel members shall serve a term of four 17
(4) years. 18
(b) In the event of a vacancy in the 19
membership of the panel, the Governor shall appoint a person meeting the 20
applicable eligibility requirements of the vacated position to fill the 21
vacancy for the remainder of the unexpired term. 22
(iv)(a) The panel shall hold at least one (1) 23
regular meeting in each calendar year at a time and place determined by the 24
panel. 25
(b) Special meetings may be called at the 26
discretion of the chair selected under subdivision (a)(3)(C)(v) of this 27
section. 28
(v) The panel shall select a chair and vice chair 29
during the first annual meeting of each four -year term. 30
(vi) Four (4) members of the panel constitute a 31
quorum to transact business. 32
(vii) The members of the panel may receive expense 33
reimbursement in accordance with § 25 -16-901 et seq. 34
(viii) The panel shall: 35
(a) Render advisory opinions and reports 36 As Engrossed: H2/3/25 H3/6/25 HB1293
4 03-06-2025 10:20:15 SSS116
concerning research and statistics that show higher instances of cancer among 1
firefighters; 2
(b) Review claims for death benefits of 3
firefighters who have died of cancer; and 4
(c) Make recommendations to the Arkansas State 5
Claims Commission on death benefit awards under subdivision (a)(3)(A) of this 6
section. 7
(D) This section: 8
(i) Does not apply to any other benefits granted by 9
the state, a county, a city, or a municipality; and 10
(ii) Does not grant a cause of action against the 11
state, a county, a city, or a municipality. 12
13
SECTION 2. Arkansas Code § 21 -5-705(c)(2)(A), concerning payment of a 14
claim to designated beneficiaries or survivors of certain specified public 15
employees killed in the line of duty, is amended to read as follows: 16
(2)(A) Seventy-five thousand dollars ($75,000) One hundred 17
twenty-five thousand dollars ($125,000) of the one hundred fifty thousand 18
dollars ($150,000) two hundred fifty thousand dollars ($250,000) provided in 19
subdivision (c)(1) of this section shall be paid by the appropriate state 20
department agency fund account. 21
22
/s/Andrews 23
24
25
APPROVED: 3/25/25 26
27
28
29
30
31
32
33
34
35
36