SB 184

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-184
     BY SENATOR(S) Rodriguez and Ball, Benavidez, Cutter, Danielson,
     Exum, Gonzales J., Kipp, Kolker, Lindstedt, Marchman, Mullica, Sullivan,
     Wallace, Weissman, Coleman;
     also REPRESENTATIVE(S) Carter and Mabrey, Bacon, Boesenecker,
     Camacho, Duran, Garcia, Hamrick, Jackson, Lieder, Lindsay, Nguyen,
     Ricks, Rutinel, Sirota, Story, Valdez, Velasco, Willford, Zokaie.
     CONCERNING BENEFITS FOR FIREFIGHTERS WHO CONTRACT CERTAIN
          CONDITIONS.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and declares that:
            (a) Firefighters are routinely exposed to carcinogens, heavy metals,
     and combustion by-products in the course of their duties, resulting in a
     significantly elevated risk of cancer;
            (b) Colorado created a presumption regarding the occupational
     causation of certain cancers in order to provide greater protections under the
     "Workers' Compensation Act of Colorado" to recognize the risks
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
firefighters are exposed to;
       (c) Scientific and occupational health data demonstrate increased
incidence of multiple myeloma, non-Hodgkin lymphoma, and bladder and
respiratory cancers among firefighters; and
       (d) The presumption of occupational causation and protections
within the "Workers' Compensation Act of Colorado" must be expanded,
strengthened, and made conclusive to ensure fairness, prompt claims
processing, and timely payment of benefits to firefighters with these
conditions.
       (2) Accordingly, the general assembly:
       (a) Mandates a presumption of occupational causation when benefits
are claimed by a firefighter for certain cancers, unless the presumption is
rebutted by clear and convincing medical evidence; and
      (b) Prevents an employer from using the absence of a prior, baseline
medical examination as a basis to deny a firefighter's claim for benefits.
      SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, 8-41-209 as follows:
       8-41-209. Coverage for occupational diseases contracted by
firefighters - rebuttable presumption - short title - definitions.
       (1) THE SHORT TITLE OF THIS SECTION IS THE "RUBEN LEWIS SIMS JR.
ACT"
      (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a) "CANCER" MEANS:
       (I) MESOTHELIOMA;
       (II) BLADDER CANCER;
       (III) COLON CANCER;
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      (IV) PROSTATE CANCER;
      (V) TESTICULAR CANCER;
      (VI) MELANOMA OF THE SKIN;
      (VII) NON-HODGKIN LYMPHOMA;
      (VIII) LUNG CANCER;
      (IX) KIDNEY CANCER;
      (X) LEUKEMIA;
      (XI) MULTIPLE MYELOMA;
      (XII) ESOPHAGEAL CANCER;
      (XIII) BRAIN CANCER;
      (XIV) DIGESTIVE CANCER;
      (XV) GENITOURINARY CANCER;
      (XVI) SKIN CANCER;
      (XVII) THYROID CANCER;
      (XVIII) BREAST CANCER; AND
      (XIX) REPRODUCTIVE CANCER.
      (b) "COVERED INDIVIDUAL" MEANS A FIREFIGHTER WHO, AT THE
TIME OF THE DIAGNOSIS OF THE CONDITION FOR WHICH THE FIREFIGHTER IS
RECEIVING BENEFITS, HAS AT LEAST FIVE YEARS OF CUMULATIVE FULL- OR
PART-TIME EMPLOYMENT, INCLUDING EMPLOYMENT WITH THE STATE, OR
VOLUNTEER SERVICE WITH ONE OR MORE EMPLOYERS AND:
      (I) IS CURRENTLY SERVING AS A FIREFIGHTER; OR
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       (II) HAS BEEN SEPARATED OR RETIRED FROM SERVICE AS A
FIREFIGHTER FOR NO MORE THAN ONE YEAR FOR EACH YEAR OF SERVICE, FOR
A PERIOD OF UP TO TEN YEARS.
      (c) "FIREFIGHTER" MEANS A FULL- OR PART-TIME EMPLOYEE OR
VOLUNTEER OF ANY EMPLOYER, OTHER THAN THE STATE, WHOSE DUTIES ARE
DIRECTLY INVOLVED WITH THE PROVISION OF FIRE PROTECTION SERVICES.
"FIREFIGHTER" INCLUDES:
          (I) A VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION 31-30-1102
(9)(a);
      (II) A SEASONAL WILDLAND FIREFIGHTER, AS DEFINED IN SECTION
24-33.5-1202 (12.5);
          (III) AN INDIVIDUAL DESCRIBED IN THIS SUBSECTION (2)(c) WHO
PROVIDES VOLUNTEER SERVICES TO A FIRE AUTHORITY CREATED BY AN
INTERGOVERNMENTAL AGREEMENT; AND
      (IV) AN INDIVIDUAL WHO PROVIDES ANY COMBINATION OF THE
EMPLOYMENT OR VOLUNTEER FIRE SERVICES OTHERWISE DESCRIBED OR
INCLUDED IN THIS SUBSECTION (2)(c).
     (3) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, IF A
COVERED INDIVIDUAL IS DIAGNOSED WITH OR DIES FROM CANCER, THE
CANCER IS PRESUMED TO BE AN OCCUPATIONAL DISEASE ARISING OUT OF
AND CONTRACTED IN THE COURSE OF THEIR EMPLOYMENT OR SERVICE AS A
FIREFIGHTER.
      (4) (a) AN EMPLOYER MAY REBUT THE PRESUMPTION SET FORTH IN
SUBSECTION (3) OF THIS SECTION WITH CLEAR AND CONVINCING MEDICAL
EVIDENCE THAT:
          (I) THE CONDITION IS A PREEXISTING CONDITION ABOUT WHICH THE
COVERED INDIVIDUAL KNOWINGLY AND INTENTIONALLY  FALSIFIED
INFORMATION DURING THE HIRING PROCESS; OR
      (II) THE CONDITION WAS CAUSED SOLELY BY A NONOCCUPATIONAL
CIRCUMSTANCE OR EVENT SUCH THAT THE CONDITION IS ENTIRELY
UNRELATED TO THE COVERED INDIVIDUAL'S EMPLOYMENT OR SERVICE AS A
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FIREFIGHTER.
      (b) EVIDENCE OF A COVERED INDIVIDUAL'S TOBACCO USE, GENETIC
PREDISPOSITION , FAMILY HISTORY , OR FAILURE TO OBTAIN A
PREEMPLOYMENT MEDICAL SCREENING OR PHYSICAL EXAMINATION IS NOT
ENOUGH EVIDENCE ALONE TO REBUT THE PRESUMPTION DESCRIBED IN
SUBSECTION (3) OF THIS SECTION.
       (5) (a) THIS SECTION DOES NOT AFFECT ANY DETERMINATION AS TO
WHETHER THE CANCER IS COVERED UNDER THE VOLUNTARY FIREFIGHTER
CANCER BENEFITS PROGRAM CREATED IN PART 4 OF ARTICLE 5 OF TITLE 29.
      (b) IF A FIREFIGHTER IS ELIGIBLE FOR BENEFITS UNDER THIS SECTION
AND PART 4 OF ARTICLE 5 OF TITLE 29, THE OFFSET PROVISIONS OF SECTION
8-42-103 (1)(h) AND 29-5-403 (10) APPLY.
        SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
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       (2) This act applies to claims filed on or after the applicable
effective date of this act.
____________________________        ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________        ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                  _________________________________________
                 Jared S. Polis
                 GOVERNOR OF THE STATE OF COLORADO
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