Title 23 Chapter 11 - Municipal Firefighter Cancer Reimbursement

CHAPTER 11 
MUNICIPAL FIREFIGHTER CANCER REIMBURSEMENT 
ARTICLE 1. GENERAL PROVISIONS 
23-1701. Definitions 
In this article, unless the context otherwise requires: 
1. "commission" means the Industrial Commission of Arizona. 
2. "firefighter" has the same meaning prescribed in Section 23-901.09. 
3. "fire investigator" has the same meaning prescribed in Section 13 23-901.09. 
4. "fund" means the Municipal Firefighter Cancer Reimbursement Fund. 
5. "municipal payor" means any of the following: 
(a) a workers' compensation insurer used by a city or town. 
(b) a self-insurance program approved pursuant to Section 23-961 used by a city or town. 
(c) a public agency pool that is established pursuant to Section 11-952.01 and that is used by a city or 
town. 
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 26 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 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. 
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 $15,000,000 in each fiscal year. The share of fees assessed in each fiscal year to each city and 
town shall be 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.