UT
Utah House Bill HB0065

Utah 2025 Regular Session

Utah House Bill HB0065 Compare Versions

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1-Enrolled Copy H.B. 65
1+02-25 09:00 3rd Sub. (Cherry) H.B. 65
2+Casey Snider proposes the following substitute bill:
23 1
34 Firefighter Cancer Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Casey Snider
78 Senate Sponsor: Michael K. McKell
8-
9-Cosponsor: Ken Ivory Angela Romero
10-
11-Carl R. Albrecht Jason B. Kyle Jake Sawyer
12-
13-Stewart E. Barlow Trevor Lee David Shallenberger
14-
15-Bridger Bolinder Karianne Lisonbee Troy Shelley
16-
17-Jefferson S. Burton A. Cory Maloy Lisa Shepherd
18-
19-Kay J. Christofferson Ashlee Matthews Rex P. Shipp
20-
21-Paul A. Cutler Verona Mauga Andrew Stoddard
22-
23-Jennifer Dailey-Provost Tracy J. Miller Jordan D. Teuscher
24-
25-Ariel Defay Carol S. Moss Jason E. Thompson
26-
27-Rosalba Dominguez Jefferson Moss R. Neil Walter
28-
29-Joseph Elison Clinton D. Okerlund Christine F. Watkins
30-
31-Doug Fiefia Doug Owens Douglas R. Welton
32-
33-Stephanie Gricius Nicholeen P. Peck Stephen L. Whyte
34-
35-Katy Hall Michael J. Petersen Ryan D. Wilcox
369 2
3710
3811 3
3912 LONG TITLE
4013 4
4114 General Description:
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4316 This bill modifies the Utah Occupational Disease Act by expanding the rebuttable
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4518 presumption for a firefighter diagnosed with cancer.
4619 7
4720 Highlighted Provisions:
4821 8
4922 This bill:
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51-▸ defines terms; H.B. 65 Enrolled Copy
24+▸ defines terms;
5225 10
5326 ▸ expands the list of cancers that presumptively arise from service as a firefighter;
5427 11
5528 ▸ establishes requirements for the rebuttable presumption;
5629 12
5730 ▸ excludes respiratory cancers related to the use of cigarettes, electronic cigarettes, tobacco
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5932 products, or marijuana from the rebuttable presumption;
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6134 ▸ provides a cancer screening to the firefighter;
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6336 ▸ requires the fire department where a firefighter is working to cover the out-of-pocket cost
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6538 of the cancer screening; and
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6740 ▸ provides for the management of the cancer screening program.
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6942 Money Appropriated in this Bill:
7043 19
7144 This bill appropriates $3,700,000 in operating and capital budgets for fiscal year 2026, all
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7346 of which is from the General Fund.
7447 21
7548 This bill appropriates ($3,700,000) in restricted fund and account transfers for fiscal year 2026,
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7750 all of which is from the General Fund.
7851 23
7952 Other Special Clauses:
8053 24
8154 This bill provides a special effective date.
8255 25
8356 Utah Code Sections Affected:
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8558 AMENDS:
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8760 34A-3-101, as renumbered and amended by Laws of Utah 1997, Chapter 375
8861 28
8962 34A-3-105, as renumbered and amended by Laws of Utah 1997, Chapter 375
63+3rd Sub. H.B. 65 3rd Sub. (Cherry) H.B. 65 02-25 09:00
9064 29
9165 34A-3-113, as last amended by Laws of Utah 2023, Chapters 25, 364
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9367 53B-29-202, as last amended by Laws of Utah 2024, Chapter 169
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9569 ENACTS:
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9771 34A-3-114, Utah Code Annotated 1953
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9973
10074 34
10175 Be it enacted by the Legislature of the state of Utah:
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10377 Section 1. Section 34A-3-101 is amended to read:
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10579 34A-3-101 . Title -- Definitions.
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10781 (1) This chapter is known as the "Utah Occupational Disease Act."
10882 38
10983 (2) For purposes of this chapter[,] :
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11185 (a) ["division"] "Division" means the Division of Industrial Accidents.
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11387 (b) "Fire and rescue training program" means the program described in Section
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11589 53B-29-202.
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11791 (c)(i) "Firefighter" means a member of a public fire department or other public
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11993 firefighting organization that provides fire suppression and other fire-related
120-- 2 - Enrolled Copy H.B. 65
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12295 service who is responsible for or serves in a capacity that includes responsibility
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12497 for the extinguishment of fires.
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12699 (ii) "Firefighter" includes:
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128101 (A) an individual who is a designated personal protective equipment technician; or
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130103 (B) a volunteer safety officer as described in Subsection 67-20-2(10)(b)(ii).
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132105 (iii)(A) "Firefighter" does not include any other individual whose job description,
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134107 duties, or responsibilities do not include direct involvement in fire suppression;
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136109 or
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138111 (B) individuals who provide private suppression or other private fire-related
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140113 protection services.
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142115 (d) "Presumptive cancer" means one or more of the following cancers:
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144117 (i) bladder;
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146119 (ii) brain;
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148121 (iii) colorectal;
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150123 (iv) esophageal;
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152125 (v) kidney;
153126 60
154127 (vi) leukemias;
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156129 (vii) lung;
157130 62
158131 (viii) lymphomas;
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160134 (ix) melanomas;
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162136 (x) mesotheliomas;
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164138 (xi) oropharynx;
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166140 (xii) ovarian;
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168142 (xiii) prostate;
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170144 (xiv) testicular; and
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172146 (xv) thyroid.
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174148 (e) "Rocky Mountain Center for Occupational and Environmental Health" means the
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176150 center described in Section 53B-30-203.
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178152 Section 2. Section 34A-3-105 is amended to read:
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180154 34A-3-105 . Last employer liable -- Exception.
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182156 (1) [To ] Except as provided in Subsection 34A-3-113(5), the extent compensation is
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184158 payable under this chapter for an occupational disease which arises out of and in the
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186160 course of an employee's employment for more than one employer, the only employer
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188162 liable shall be the employer in whose employment the employee was last injuriously
189-- 3 - H.B. 65 Enrolled Copy
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191164 exposed to the hazards of the disease if:
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193166 (a) the employee's exposure in the course of employment with that employer was a
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195168 substantial contributing medical cause of the alleged occupational disease; and
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197170 (b) the employee was employed by that employer for at least 12 consecutive months.
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199172 (2) Should the conditions of Subsection (1) not be met, liability for disability, death, and
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201174 medical benefits shall be apportioned between employers based on the involved
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203176 employers' causal contribution to the occupational disease.
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205178 Section 3. Section 34A-3-113 is amended to read:
206179 86
207180 34A-3-113 . Presumption of workers' compensation benefits for firefighters --
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209182 Study.
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211184 [(1) As used in this section:]
212185 89
213186 [(a)(i) "Firefighter" means a member, including a volunteer member, as described in
214187 90
215188 Subsection 67-20-2(10)(b)(ii), or a member paid on call, of a fire department or
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217190 other organization that provides fire suppression and other fire-related service who
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219192 is responsible for or is in a capacity that includes responsibility for the
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221194 extinguishment of fires.]
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223196 [(ii) "Firefighter" does not include a person whose job description, duties, or
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225198 responsibilities do not include direct involvement in fire suppression.]
226199 96
227200 [(b) "Presumptive cancer" means one or more of the following cancers:]
201+- 3 - 3rd Sub. (Cherry) H.B. 65 02-25 09:00
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229203 [(i) pharynx;]
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231205 [(ii) esophagus;]
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233207 [(iii) lung; and]
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235209 [(iv) mesothelioma.]
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237211 [(2)] (1) If a firefighter who [contracts a] is diagnosed with a presumptive cancer meets the
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239213 requirements of Subsection (3), there is a rebuttable presumption that[:]
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241215 [(a)] the presumptive cancer was contracted arising out of and in the course of
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243217 employment[; and] as a firefighter if the firefighter demonstrates exposure to a
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245219 known carcinogen as defined by the International Agency for Research on Cancer
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247221 while serving as a firefighter.
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249223 [(b) the presumptive cancer was not contracted by a willful act of the firefighter.]
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251225 (2) The following individuals may assert the rebuttable presumption described in
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253227 Subsection (1):
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255229 (a) a firefighter currently in service; and
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257231 (b) a former firefighter after termination of service as a firefighter for a period:
258-- 4 - Enrolled Copy H.B. 65
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260233 (i) of three calendar months for each full year of service as a firefighter; and
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262235 (ii) not to exceed 120 months.
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264237 (3)(a) To be entitled to the rebuttable presumption described in Subsection [(2)] (1), the
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266239 firefighter shall submit to the fire and rescue training program a record of:
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268241 [(a)] (i) [during the time of employment as a firefighter, undergo annual physical
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270243 examinations;] service as a firefighter for at least eight years;
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272245 (ii) a physical examination:
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274247 (A) completed before serving as a firefighter that shows no evidence of cancer;
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276249 (B) completed every two years during the time of service as a firefighter; and
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278251 (C) that is reasonably aligned with the National Fire Protection Association
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280253 standards on the comprehensive occupational medical program for fire
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282255 departments;
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284257 (iii) after seven years of service as a firefighter, a cancer screening conducted by the
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286259 Rocky Mountain Center for Occupational and Environmental Health at the
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288261 intervals described in Section 34A-3-114 during the time of service as a firefighter;
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290263 (iv) reporting the presumptive cancer to the fire and rescue training program and, in
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292265 accordance with Section 34A-2-407, to the employer; and
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294267 [(b) have been employed as a firefighter for eight years or more and regularly responded
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296269 to firefighting or emergency calls within the eight-year period; and]
270+- 4 - 02-25 09:00 3rd Sub. (Cherry) H.B. 65
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298272 [(c)] (v) [if the firefighter has used tobacco, provide documentation from a] a physician
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300274 statement stating that[ indicates that] the firefighter has not used [tobacco] tobacco
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302276 products or smoked cigarettes, electronic cigarettes, or marijuana for [the eight] at
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304278 least eight years [preceding] immediately before reporting the presumptive cancer
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306280 to the [employer or division] employer and the fire and rescue training program.
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308282 (b) A firefighter is entitled to the rebuttable presumption without completing the
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310284 requirements described in Subsections (3)(a)(ii)(B) and (C) or Subsection (3)(a)(iii)
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312286 for years of service as a firefighter completed before July 1, 2026.
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314288 (4)(a)(i) A presumption established under this section may be rebutted by a
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316290 preponderance of the evidence.
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318292 (ii) The rebuttable presumption does not apply to cancers of the respiratory tract if
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320294 there is evidence that the firefighter's use of tobacco products or the firefighter's
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322296 smoking of cigarettes, electronic cigarettes, or marijuana is a substantial
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324298 contributing cause to the development of the cancer.
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326300 (b) A firefighter may seek compensation in accordance with Chapter 2, Workers'
327-- 5 - H.B. 65 Enrolled Copy
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329302 Compensation Act, regardless of compliance with Subsection (3).
330303 147
331304 [(5) If a firefighter who contracts a presumptive cancer is employed as a firefighter by more
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333306 than one employer and qualifies for the presumption under Subsection (2), and that
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335308 presumption has not been rebutted, the employer and insurer at the time of the last
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337310 substantial exposure to risk of the presumptive cancer are liable under this chapter under
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339312 Section 34A-3-105.]
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341314 (5) The fire department or firefighting organization and insurer at the time of the last
342315 153
343316 substantial exposure to a known carcinogen is liable when:
344317 154
345318 (a) a firefighter who contracts a presumptive cancer has served as a firefighter with more
346319 155
347320 than one fire department or firefighting organization;
348321 156
349322 (b) the firefighter qualifies for the rebuttable presumption; and
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351324 (c) the presumption has not been rebutted.
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353326 (6) A cause of action subject to the rebuttable presumption [under this section ]is
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355328 considered to arise on the date that [the employee] a firefighter:
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357330 (a) suffers disability from the occupational disease;
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359332 (b) knows, or in the exercise of reasonable diligence should have known, that the
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361334 occupational disease is caused by [employment] service as a firefighter; and
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363336 (c) files a claim as provided in Section 34A-3-108.
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365338 (7)(a) The division shall conduct a five-year study to determine whether:
339+- 5 - 3rd Sub. (Cherry) H.B. 65 02-25 09:00
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367341 (i) a cancer that is not a presumptive cancer is commonly contracted through service
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369343 as a firefighter; and
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371345 (ii) a cancer that is a presumptive cancer is not commonly contracted through service
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373347 as a firefighter.
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375349 (b) In conducting the study, the division shall:
376350 170
377351 (i) consider cancer latency periods; and
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379353 (ii) consult with:
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381355 (A) the fire and rescue training program; and
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383357 (B) the Rocky Mountain Center for Occupational and Environmental Health.
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385359 (c) Before September 30, 2029, the division shall file a report to the Business and Labor
386360 175
387361 Interim Committee summarizing the results of the study described in Subsection
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389363 (7)(a) and any recommendations for legislation.
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391365 Section 4. Section 34A-3-114 is enacted to read:
392366 178
393367 34A-3-114 . Cancer screening for public firefighters.
394368 179
395369 (1)(a) The Rocky Mountain Center for Occupational and Environmental Health shall
396-- 6 - Enrolled Copy H.B. 65
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398371 offer a firefighter working for a public fire department, or a public firefighting
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400373 organization, a cancer screening after seven years but before eight years of active
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402375 service as a firefighter, continuous or combined:
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404377 (i) every five years for firefighters 49 years old or younger; and
405378 184
406379 (ii) every three years for firefighters 50 years old and older until the firefighter
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408381 reaches the social security retirement qualifying age.
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410383 (b) The screening shall include applicable screening for presumptive cancer.
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412385 (2)(a) Rocky Mountain Center for Occupational and Environmental Health shall begin
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414387 offering cancer screenings through the fire and rescue training program no later than
415388 189
416389 January 1, 2026.
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418391 (b) Beginning January 1, 2029, and for each plan year that follows, a public fire
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420393 department or public firefighting organization shall provide health care benefits,
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422395 including cancer screening, consistent with the requirement of this section for the
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424397 public fire department or public firefighting organization's employed or contracted
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426399 firefighters.
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428401 (3)(a) The public fire department or public firefighting organization shall provide
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430403 reimbursement to employed or contracted firefighters for co-payment, deductible,
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432405 coinsurance, or other out-of-pocket expenses employed or contracted firefighters pay
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434407 to the Rocky Mountain Center for Occupational and Environmental Health.
408+- 6 - 02-25 09:00 3rd Sub. (Cherry) H.B. 65
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436410 (b) An employed or contracted firefighter shall submit adequate documentation of the
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438412 copayment, deductible, coinsurance, or other out-of-pocket expense to the public fire
439413 201
440414 department or public firefighting organization for which the employed or contracted
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442416 firefighter is associated for reimbursement in accordance with Subsection (3)(a).
443417 203
444418 Section 5. Section 53B-29-202 is amended to read:
445419 204
446420 53B-29-202 . Fire prevention, education, and training program.
447421 205
448422 (1) With technical advice and support from the fire board, Utah Valley University shall
449423 206
450424 operate a statewide fire and rescue[ service] training program that:
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452426 (a) provides instruction, training, and testing for:
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454428 (i) Utah Valley University students; and
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456430 (ii) firefighters and emergency rescue personnel throughout the state, whether paid or
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458432 volunteer;
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460434 (b) explores new methods of firefighting, fire training, and fire prevention;
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462436 (c) provides training for fire and arson detection and investigation;
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464438 (d) provides training to students, firefighters, and emergency rescue personnel on how to
465-- 7 - H.B. 65 Enrolled Copy
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467440 conduct public education programs to promote fire safety;
468441 215
469442 (e) provides aircraft rescue firefighting training;
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471444 (f) provides for certification of firefighters, pump operators, instructors, officers, and
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473446 rescue personnel; and
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475448 (g) provides facilities and props for teaching firefighting and emergency rescue skills.
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477450 (2) Utah Valley University shall ensure that the curriculum, training, and facilities offered
478451 220
479452 in the fire and rescue training program are sufficient to allow individuals who
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481454 successfully complete the program to receive applicable certification as a firefighter or
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483456 emergency rescue professional.
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485458 (3) Utah Valley University and the fire board shall consult together regarding:
486459 224
487460 (a) the development and content of the curriculum and training of the fire and rescue
488461 225
489462 training program;
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491464 (b) the identification of individuals who [will be permitted to] may participate in the fire
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493466 and rescue training program without cost; and
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495468 (c) the establishment of certification standards and requirements.
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497470 (4) Utah Valley University shall allow individuals designated by the fire board to
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499472 participate in and complete the fire and rescue training program without cost and to
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501474 receive applicable certification.
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503476 (5) Utah Valley University and the fire board shall by contract establish terms to:
477+- 7 - 3rd Sub. (Cherry) H.B. 65 02-25 09:00
504478 233
505479 (a) define the scope and content of the fire and rescue training program;
506480 234
507481 (b) identify the fire and rescue personnel throughout the state who will be permitted to
508482 235
509483 participate in the fire and rescue training program without cost; and
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511485 (c) define other aspects of the relationship between Utah Valley University and the fire
512486 237
513487 board relating to the fire and rescue training program that are mutually beneficial.
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515489 (6) In accordance with Section 34A-3-114, the fire and rescue training program shall:
516490 239
517491 (a) facilitate cancer screenings conducted by the Rocky Mountain Center for
518492 240
519493 Occupational and Environmental Health; and
520494 241
521495 (b) track cancer screenings for a firefighter.
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523497 Section 6. FY 2026 Appropriations.
524498 243
525499 The following sums of money are appropriated for the fiscal year beginning July 1,
526500 244
527501 2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
528502 245
529503 fiscal year 2026.
530504 246
531505 Subsection 6(a). Operating and Capital Budgets
532506 247
533507 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
534-- 8 - Enrolled Copy H.B. 65
535508 248
536509 Legislature appropriates the following sums of money from the funds or accounts indicated for
537510 249
538511 the use and support of the government of the state of Utah.
539512 250
540513 ITEM 1 To Utah Valley University - Special Projects
541514 251
542515 From General Fund 3,700,000
543516 252
544517 Schedule of Programs:
545518 253
546519 Fire and Rescue Training 3,700,000
547520 254
548521 The Legislature intends that the appropriations
549522 255
550523 provided under this section be used for the first three
551524 256
552525 years of the cancer screening program described in
553526 257
554527 Section 34A-3-114. When drafting the base budget for
555528 258
556529 fiscal year 2028, the Legislature intends that the Office of
557530 259
558531 the Legislative Fiscal Analyst revise the ongoing
559532 260
560533 appropriation to a one-time appropriation..
561534 261
562535 Subsection 6(b). Restricted Fund and Account Transfers
563536 262
564537 The Legislature authorizes the State Division of Finance to transfer the following
565538 263
566539 amounts between the following funds or accounts as indicated. Expenditures and outlays from
567540 264
568541 the funds to which the money is transferred must be authorized by an appropriation.
569542 265
570543 ITEM 2 To Firefighters Retirement Trust & Agency Fund
571544 266
572545 From General Fund (3,700,000)
546+- 8 - 02-25 09:00 3rd Sub. (Cherry) H.B. 65
573547 267
574548 Schedule of Programs:
575549 268
576550 Firefighters Retirement Trust & Agency Fund (3,700,000)
577551 269
578552 Section 7. Effective Date.
579553 270
580554 This bill takes effect on July 1, 2025.
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