LAS VEGAS (KNTV) — Gov. Joe Lombardo has signed a bill that would expand health care for lung diseases faced by first responders that was passed by the Nevada Legislature during the special session last month.
Sources had told Channel 13 that Lombardo was considering vetoing the measure, Senate Bill 7, which did not appear on the governor's original special session proclamation or on a superseding proclamation signed by two-thirds of the Legislature's membership.
WATCH | Steve Sebelius talks to a lobbyist for the Professional Fire Fighters of Nevada about first responder health bill
Behind-the-scenes lobbying on the measure was intense, one source told Channel 13.
The Professional Fire Fighters of Nevada, whose representatives had lobbied hard for the bill, thanked the governor in a news release issued Monday.
"SB7 is not political; it is about protection. It’s about the firefighter who can’t breathe after decades of service," the news release reads. "It’s about the retiree who served fearlessly and retired knowing we have his/her back. It’s about families who shouldn’t have to fight for coverage after their loved one who served Nevada."
WATCH Steve Sebelius's previous coverage when the veto seemed likely:
“This is a monumental win,” said the Professional Fire Fighters of Nevada Executive Board. “Governor Lombardo’s signature sends a clear message: Nevada stands with its protectors not just in words, but in action. The job causes illness. The state must stand behind its heroes.”
The bill, introduced by state Senate Majority Leader Nicole Cannizzaro, D-Clark County, creates a presumption in law that certain lung diseases faced by firefighters, police officers, arson investigators, and others were caused by their jobs.
The bill overrides a recent Nevada Supreme Court ruling that held first responders must prove they were exposed to "...heat, smoke, fumes, tear gas or other noxious gases" in order to collect benefits for health care related to treating those ailments.
Proponents said linking an illness to a specific exposure would be nearly impossible, while opponents, including local governments, said the bill would create enormous additional costs.
And senators raised the issue of legality. Under the state constitution, in a special session, the Legislature may only consider those matters listed on the proclamation. This bill wasn't specifically listed.
But state Sen. Melanie Scheible, D-Clark County, said related items on the governor's proclamation could be construed to cover SB 7.
Because the governor prescribes the agenda for a special session, vetoes of bills passed during such meetings are rare. There have only been three such vetoes in state history, the most recent in 2010.
Cannizzaro said in a statement the bill was a way to give back to people who put their lives on the line.
"Our first responders spend years subjecting themselves to dangerous working conditions that ultimately damage their long term health," she said. "The least we can do is ensure that the law reflects the reality of firefighters' and police officers' working conditions by making sure their medical needs are met. This bill passed with overwhelming bipartisan support, and I'm glad to see it is now signed into law."
Ryan Beaman, a lobbyist for Professional Fire Fighters of Nevada, says the bill is definitely needed.
"SB 7 definitely honors the sacrifices that we make every day and [we] appreciate the governor for signing it into law," he said in an interview Monday. "It means a lot to us and a lot to our members that have already given up a lot in their careers."
Beaman said the bill restores the status quo that existed before the Supreme Court's ruling created questions about the meaning of the law. It was fortunate happenstance that the Legislature happened to be meeting in Carson City when the ruling came down.
"That's when we proposed a change to the statute to make sure that we go back to the way we've always been interpreting it for the last 36 years, and that's what the bill does. It does nothing more, nothing less, except put it back to where it was prior to the Supreme Court decision.
But lobbyists for local governments warned SB 7 would compound costs as first responders sought to link ailments to their public service.
And an insurance industry lobbyists said the court had the law right, that first responders needed both two years of continuous service and proven exposure to heat, smoke, fumes, tear gas or noxious gas in order to link their diseases to their jobs.
Under the fire fighters reading, however, the statute says that professional firefighters and police officers need only two years of continuous service to establish a conclusive presumption that illnesses are linked to their jobs.
