BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2007-2008 Regular Session
BILL NO: AB 384
AUTHOR: Portantino
AMENDED: May 29, 2007
FISCAL COMM: Yes HEARING DATE: June 27, 2007
URGENCY: No CONSULTANT:Kathleen Chavira
NOTE : This bill has been referred to both the Senate
Education Committee and the Senate Committee on Public
Employment and Retirement. A "do pass" motion should
include a referral to the Senate Committee on Public
Employment and Retirement.
SUBJECT : Firefighters
SUMMARY
This bill extends current fee/tuition waivers at
California's public postsecondary education institutions,
as well as health care benefits for any surviving spouse or
child of a California firefighter killed in the performance
of duties to include survivors of a federally employed
firefighter whose regular duty assignment was in
California.
BACKGROUND
Current law provides that no mandatory systemwide fees or
tuition of any kind be collected by the UC, CSU or the CCCs
from any surviving spouse or child, natural or adopted, of
a deceased person who met all of the following
requirements.
1) Was a California resident.
2) Was employed by a public agency to provide active law
enforcement or fire suppression/prevention services.
3) Was killed in the performance of active duty.
ANALYSIS
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Page 2
This bill expands eligibility for benefits afforded to
survivors of a California firefighter who was killed in the
line duty. Specifically, it:
1) Prohibits the collection of mandatory systemwide fees
or tuition of any kind from the surviving spouse or
child, natural or adopted of a firefighter who was a
resident of California, was employed by the federal
government, and whose regular duty assignment was to
perform these services in California.
2) Makes the surviving spouse or other eligible family
member of a federally employed firefighter who was a
resident of this state and whose regular duty
assignment was to perform firefighting services within
this state eligible to receive ongoing health
benefits.
STAFF COMMENTS
1) Intent of the bill . According to the author,
clarification of current law is needed to ensure that
survivors of California's federal firefighters killed
in the line-of-duty are indeed eligible for the same
educational and health care assistance currently
granted to their municipal firefighter survivors.
Existing law enables a spouse or child, natural or
adopted, or stepchild of a firefighter killed in the
line of duty to receive a public postsecondary
educational fee waiver at our public institutions and
provides for a state-funded program to assist
survivors in purchasing medical and dental benefits.
According to the author, both programs have been
administered in a manner that excludes survivors of
fallen federal firefighters who resided in California
and provided services within the state.
2) Clarification of bill's effect . This bill previously
restricted benefits to survivors of a fallen
firefighter who was a permanent civilian federal
employee. As currently drafted, survivors of
"temporary" firefighters would also receive these
benefits. Staff notes that this would be consistent
with benefits currently extended to state and local
firefighters. The sponsor of the bill asserts that,
as is the case for California Department of Forestry
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firefighters, federal seasonal or term firefighters
are "full-time" firefighters during the term or
seasonal period, but do not work as such for the
entire year. As is the case under current law, the
benefits afforded by this bill would only apply to
these federal firefighters in the event of a death
during the active performance of their fire
suppression and prevention duties.
3) Federal benefits . This bill extends benefits provided
by the state of California to state and local
firefighters to those employed by the federal
government. It is unclear what benefits the federal
government may make available to the survivors of
fallen federal firefighters, and whether or not these
are duplicative of those afforded by the state of
California.
4) Author's amendment . The author has indicated a
willingness to address concerns regarding the
eligibility of a "spouse" for the educational benefits
granted by existing law and newly authorized by this
bill, and has agreed to amend the bill to clarify that
"spouse" has the same meaning as that defined in
existing provisions of the Education Code related to
survivor benefits under the State Teachers Retirement
System. Accordingly, staff recommends the bill be
amended to reference the definition of spouse in
Education Code section 22171.
5) Fiscal impact . This bill provides no funding to
backfill for the loss of fee revenue that would result
from the prohibition imposed upon the public segments
of higher education by the bill. Its "costs" would be
borne by UC and CSU, and community colleges.
According to the Assembly Appropriations Committee
analysis, since 1990, 30 federal firefighters have
been killed in the line of duty. Actual costs would
depend upon the number of existing and future
survivors of fallen federal firefighters who utilize
these benefits.
6) Similar legislation . AB 950 (Salas), sponsored by the
CSU, would extend from one year to two years the
period of time that a non-Californian member of the
United States Armed Forces stationed in California and
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seeking a graduate degree at a public institution of
higher education would be entitled to resident
classification for the purpose of paying fees. That
bill passed this committee by a vote of 6-1 on June
13, 2007, and is currently awaiting action in the
Senate Committee on Veterans Affairs.
7) Prior legislation . SB 1040 (Dunn, Chapter 395,
Statutes of 2006) amended the definition of a
stepchild of a law enforcement or firefighting
professional for purposes of a waiver of tuition and
fees at California's public postsecondary
institutions.
SUPPORT
California Professional Firefighters
CDF Firefighters
OPPOSITION
None received.