firefighters; employment status

Plain English Breakdown

The official source does not specify that employers will not be liable for civil damages due to firefighters' negligent or intentional conduct while traveling to or from work, only that this section does not create such liability.

Firefighters' Employment Status

This law defines who is considered a firefighter for workers' compensation purposes and clarifies their employment status when traveling directly to or from work.

What This Bill Does

• Defines 'firefighter' as someone working for the state, city, town, fire district, or fire authority.
• Clarifies that firefighters are in the course of employment if they get hurt or killed while going directly to or from their job, provided they were not engaged in criminal activity at the time.

Who It Names or Affects

• Firefighters who work for the state, cities, towns, fire districts, or fire authorities.
• Employers of firefighters.

Terms To Know

Workers' compensation

Money and medical help given to workers when they get hurt on the job.

Course and scope of employment

The time and place where a worker is doing their job duties.

Limits and Unknowns

• Only applies to certain types of firefighters as defined by the law.
• Does not cover situations when firefighters are off duty or on personal time.

Official Summary Text

HB2138 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2138

firefighters;
employment status

Purpose

Defines
firefighter
for the purposes of workers' compensation coverage
while traveling directly to or from work as a firefighter.

Background

The Industrial Commission of Arizona is the state regulatory agency
responsible for processing and adjudicating workers' compensation claims.
Employees may receive workers� compensation benefits, including medical
treatment and lost wages, as a result of injuries or death caused by an
accident arising out of and in the course of employment. The compensation
received by the employee or the employee's dependents is determined by the
employee's average monthly wage at the time of the injury (
A.R.S. Title 23, Chapter
6
).

A peace officer or firefighter who is injured or killed while traveling
directly to or from work is eligible for workers' compensation benefits,
provided that the peace officer or firefighter is not engaged in criminal
activity. Statute asserts that an employer is not liable for any civil damages
occurring through the peace officer's or firefighter's negligent or intentional
conduct while traveling to or from work (
A.R.S.
� 23-1021.01
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Defines

firefighter
, for purposes of workers' compensation for a firefighter who
is injured or killed while traveling directly to or from work, as a
professional who is a state firefighter, a member of a city or town fire
department a member of a fire district fire department, or a member of a fire
authority.

2.

Makes
technical and conforming changes.

3.

Becomes
effective on the general effective date.

House Action

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Prepared by Senate Research

February 26, 2026

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Current Bill Text

Chapter 0047 - 572R - H Ver of HB2138

House Engrossed

firefighters;
employment status

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 47

HOUSE BILL 2138

AN
ACT

amending section 23-1021.01,
arizona revised statutes; relating to firefighters.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 23-1021.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-1021.01.

Peace officers; firefighters; employment status; definition

A. A peace officer or
fire fighter as
defined in section 1-215

firefighter
who is
injured or killed while traveling directly to or from work as a peace officer
or firefighter
shall be considered in the course and scope of
employment solely for the purposes of eligibility for workers' compensation
benefits, provided that the peace officer or
fire fighter

firefighter
is not
engaged in criminal activity.

B.
Nothing in
This section
shall
does not
create any liability on the
part of the peace officer's or
fire fighter's

firefighter's
employer
for any civil damages occurring through the peace officer's or
fire
fighter's

firefighter's

negligent or intentional conduct while traveling to or from work as a peace
officer.

C. For the purposes of this section,
"firefighter" means a professional firefighter who is
any of the following:

1. A state firefighter.

2. a member of a city
or town
fire department.

3. A member of a fire district fire
department.

4. A member of a fire authority.
END_STATUTE

APPROVED BY THE GOVERNOR APRIL 13, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.