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)








                                                                  AB 384
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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