New Mexico Fire Fighters Close to Passing Presumptive Legislation

March 26, 2009 – New Mexico state legislation (SB 303), which will presume 11 cancers and five infectious diseases are work-related for fire fighters, has passed the state senate and and house. The bill is now on its way to the governor's desk for signing.

“The New Mexico Professional Fire Fighters Association has worked very hard to win support in the legislature,” says Emily Kane, president of the NMPFFA. “If Governor Bill Richardson signs the bill into law, it will be huge because it will be the first time that fire fighters will have any of these cancers and diseases covered under workers’ compensation.”

NMPFFA first introduced presumptive legislation last year during the state legislature’s short session. That was a victory in itself because in order to present new legislation, interested parties needed to get their bill on the “Governor’s Call.” Because of the NMPFFA’s good relationship with Governor Richardson, the fire fighters were able to do that.

However, NMPFFA ran out of time before they were able to gain the support they needed for full passage. However, Governor Richardson appointed Kane to the Workers’ Compensation Advisory Council.

There, Kane was able to address concerns about insurance premiums and other potential costs. Additionally, she was able to educate other council members about why fire fighters are more susceptible to certain diseases and why they need coverage under workers’ compensation.

In August 2008, the council unanimously voted to send the legislation to the state senate for consideration. Still, SB 303 met with some initial opposition and was even voted down. But, after strong lobbying efforts by New Mexico fire fighters, one senator agreed to make a motion to reconsider. On the second vote, the senate voted 22-18 in favor. Later, the house followed the senate's example with a 58-9 vote.

SB 303 is now on its way to Governor Richardson and he is expected to sign it. If signed into law, it covers 11 cancers and five infectious diseases. To be covered for cardiac disease, fire fighters must participate in a wellness-fitness program.