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Senate Engrossed
municipal firefighters; cancer fund; distributions |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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CHAPTER 361
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SENATE BILL 1515 |
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An Act
amending sections 23-1702 and 23-1703, Arizona Revised Statutes; relating to the municipal firefighter cancer reimbursement fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-1702, Arizona Revised Statutes, is amended to read:
23-1702. Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report
A. The municipal firefighter cancer reimbursement fund is established consisting of monies deposited in the fund pursuant to section 23-1703. The commission shall administer the fund. Monies in the fund shall be used to reimburse municipal payors for the compensation and benefits paid by municipal payors to municipal firefighters and municipal fire investigators under section 23-901.09 for:
1. Compensation for temporary partial disability, permanent partial disability and lost earning capacity as prescribed in section 23-1044.
2. Compensation for temporary total disability and permanent total disability as prescribed in section 23-1045.
3. Medical, surgical and hospital benefits as prescribed in section 23-1062.
4. Death benefits as prescribed in section 23-1046.
B. The fund consists of the following:
1. Fees from cities and towns deposited pursuant to section 23-1703.
2. Monies received from any other source, including federal monies, investment income and private grants, gifts, contributions and devises.
C. The commission shall annually distribute the monies in the fund on a prorated basis based on the amount of the individual compensation and benefits paid by a municipal payor for compensation and benefits to a municipal firefighter or municipal fire investigator for a disease, infirmity or impairment as prescribed in section 23-901.09 in proportion to the statewide aggregate of all compensation and benefits paid to municipal firefighters and municipal fire investigators pursuant to section 23-901.09 for the fiscal year. the annual distributions may not exceed the statewide aggregate of all compensation and benefits paid by municipal payors to municipal FIREFIGHTERS and municipal fire investigators pursuant to section 23-901.09 for the relevant fiscal year. Monies remaining undistributed at the end of a fiscal year shall remain in the fund and be available for annual distributions in future fiscal years. The commission may not reimburse monies for expenses relating to case management, vocational rehabilitation or similar nonmedical costs. The prorated share shall be distributed to the municipal payors entitled to a share without regard to the order in which the respective compensation and benefits were paid in the fiscal year.
D. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
E. On or before January 1, 2022, The commission shall adopt rules pursuant to title 41, chapter 6 to carry out this chapter.
F. On or before April 1 of each year, the commission shall submit a report to the legislature and the municipal payors reimbursed from the fund on the financial status of the fund. The report shall include all of the following:
1. The total number of fund reimbursement claims the commission received in the immediately preceding fiscal year.
2. For the immediately preceding fiscal year, the number of fund reimbursement claims approved, the total dollar amount of fund reimbursement claims paid by the fund and the amount paid to each municipal payor reimbursed by the fund.
3. The amount of any anticipated surplus in the fund.
Sec. 2. Section 23-1703, Arizona Revised Statutes, is amended to read:
23-1703. Assessment
A. From and after June 30, 2021, The commission shall assess and collect fees from cities and towns for deposit in the fund. The fee shall be assessed to each city and town that receives state shared revenues pursuant to sections 42-5029 and 43-206. The total amount of fees for all cities and towns may not exceed shall be $15,000,000 in each fiscal year. The share of fees assessed in each fiscal year to each city and town shall be is based on the population of the city or town as determined by the most recent population estimates of the United States census bureau as of July 1 in proportion to the total population of all incorporated cities and towns.
B. The commission shall assess the fees under this section not later than July 31 of each year, and the fees are payable immediately on assessment. If a city or town fails to pay the assessment in full on or before September 30, the commission shall notify the state treasurer who shall withhold the delinquent amount from the distribution of monies to the appropriate city or town pursuant to sections 42-5029 and 43-206. and shall continue to withhold monies until the city or town has paid the entire amount of the assessment.
C. All monies paid to the commission or withheld by the state treasurer for the fees assessed pursuant to this section shall be deposited in the fund.
D. Cities and towns may meet their obligation for the assessment from any source of city or town revenue designated by the appropriate city or town. City and town payments made pursuant to this section are excluded from the applicable expenditure limitations.
APPROVED BY THE GOVERNOR JULY 6, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 6, 2022.