BILL ANALYSIS
AB 384
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Date of Hearing: April 18, 2007
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Ed Hernandez, O.D., 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 (PEMHCA)
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 to
surviving spouses and children of other law enforcement and fire
suppression personnel in California.
Existing law also provides under PEMHCA, which is administered
by the California Public Employees' Retirement System,
continuing health benefits coverage to the surviving spouse and
children of a firefighter or peace officer who dies as a result
of an injury or disease sustained in the line of duty.
FISCAL EFFECT : Unknown.
COMMENTS : 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
AB 384
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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 omission.
Last fall, five men died while fighting the Esperanza fire in
Riverside County. Two of these men were permanent career
civilian federal fighters who resided in California and served
on Engine 57 at the San Jacinto Ranger Station and left behind
surviving family members. 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.
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.
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.
This bill was heard in the Assembly Committee on Higher
Education last month where is passed out unanimously on a 7 - 0
vote.
The Federal Wildland Fire Service Association has raised
concerns that the bill in its current form excludes temporary
federal firefighters who are killed in the line of duty. Two
additional concerns have been raised by the Vice-Chair of the
Committee and others. The first is that the bill would also
exclude California Federal Firefighters who are killed while
fighting a fire out of state. The second is that it is
currently unclear as to whether or not California Volunteer
Firefighters are able to receive this benefit.
The Committee is informed that the author will be offering
amendments in Committee to make ensure temporary federal
firefighters and California Federal Firefighters fighting fires
out of state are covered by the bill's provisions. The
Committee is further informed that the proposed amendments do
not address the volunteer firefighter issue.
AB 384
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REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters (Sponsor)
American Federation of State, County and Municipal Employees
CDF Firefighters
California Fire Chiefs Association
California Peace Officers Association
California Police Chiefs Association
Fire Districts Association of California
Marin Professional Firefighters
Presidio Federal Fire Fighters
United Firefighters of Los Angeles
Opposition
Lori Greeno of Wildland Firefighter Foundation
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957