BILL ANALYSIS
AB 384
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Date of Hearing: March 27, 2007
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
AB 384 (Portantino and Galgiani) - As Amended: March 19, 2007
SUBJECT : Firefighters: survivor benefits
SUMMARY : Extends benefits to survivors of fallen federal
firefighters. Specifically, this bill :
1)Enacts the California Fallen Federal Firefighter Survivor
Assistance Act of 2007.
2)Prohibits the University of California (UC) and the California
State University (CSU) from imposing or collecting mandatory
systemwide fees or tuition from surviving spouses and children
of permanent career civilian federal firefighters who were
residents of California and performing services in California
who were killed in the line of duty.
3)Provides continuing health benefit coverage as specified under
the Public Employees Medical and Hospital Care Act for
surviving spouses and children of permanent career civilian
federal firefighters who were residents of California and
performing services in California who were killed in the line
of duty.
EXISTING LAW provides similar UC and CSU fee exemptions and
health care benefits to surviving spouses and children of other
law enforcement and fire suppression personnel in California.
FISCAL EFFECT : This bill will result in some loss of fee
revenue for UC and CSU and an increase in contributions to
continuously appropriated funds for survivor health benefits of
an unknown amount.
COMMENTS : Why is this bill needed ? According to the author,
when a firefighter is killed in the line of duty, he or she
leaves behind a family who not only suffers this great loss but
a family faced with financial challenges including college
education and health care. Existing law provides specific
relief in these vital areas for survivors of fallen police
officers and firefighters, but omits protection for those on the
permanent, career federal payroll. This bill cures this
AB 384
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omission.
Recent events underscore the need for this bill : Last fall,
five men died while fighting the Esperanza fire in Riverside
County. Some of these men were permanent career civilian
federal fighters who resided in California and served on Engine
57 at the San Jacinto Ranger Station. The survivors of these
men will not receive the benefits that are available to other
Californians who have died in the line of similar duty.
How many families might be affected by this bill ? In recent
years there have been approximately 500 permanent civilian
federal firefighters in California. In addition to the men who
perished in the Esperanza fire, 14 federal firefighters have
died in the line of duty in California in the last five years.
Why is this bill limited to permanent career federal
firefighters ? According to the Federal Wildland Fire Service
Association (FWFSA) in its letter of concern, three of the men
lost in the Esperanza fire were temporary federal firefighters
and could not be assisted by this bill. FWFSA suggests this
bill be amended to include temporary and term federal
firefighters. The authors indicate their intention to pursue
information on the exact employment status of each of the men
killed in the Esperanza fire and to determine the cost and
policy issues related to coverage for temporary (seasonal) and
term (more full-time but not specifically 'permanent')
firefighters.
The findings in this bill may need to be amended : Committee
staff recommends that the findings in this bill that name all
five men killed in the Esperanza fire be amended if it is
determined that some of them would not be covered and if this
bill is not subsequently amended to ensure coverage for
firefighters in their same employment status. The findings
imply that all five men would be benefited by this bill, if they
had eligible survivors.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
California Fire Chiefs Association
California Professional Firefighters (Sponsor)
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Fire Districts Association of California
Presidio Federal Firefighters
Opposition
None on file.
Analysis Prepared by : Mary Gill / HIGHER ED. / (916) 319-3960