BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT     BILL NO: AB 384
          Patricia Wiggins, Chair        Hearing date: July 9, 2007
          AB 384 (Portatino)  as amended  7/05/07     FISCAL:   YES

           FEDERAL FIREFIGHTERS:  COLLEGE TUITION EXEMPTION AND HEALTH  
          BENEFITS PROVIDED TO SURVIVORS
           
           HISTORY  :

              Sponsor:  California Professional Firefighters (CPF)

              Prior legislation:  AB 950 (Salas) 2007
                         Currently in Veteran Affairs Committee
                             SB 1040 (Dunn) 
                         Chapter 395, of 2006


           ASSEMBLY VOTES  :
          
              Higher Ed            7-0       3/27/07
              PER & SS             6-0       4/18/07
              Appropriations       16-0      5/23/07
              Assembly Floor       75-0      5/31/07
              Senate Education          7-0  6/27/07


           SUMMARY  :
          
          Would extend certain college tuition exemption and health  
          benefits to survivors of fallen federal firefighters.


           BACKGROUND AND ANALYSIS  :

          1)   Existing law  :

            a)  provides certain University of California (UC) an  
            California State University (CSU) fee exemptions to  
            surviving spouses and children of other law enforcement and  
            fire suppression personnel in California, and

            b)  provides, under Public Employees Medical and Hospital  
            Care Act (PEMHCA), which is administered by the California  
            Public Employees Retirement System (PERS), continuing  
          David Felderstein
          Date: 7/05/07              Page 1 









            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.







































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          Date: 7/05/07              Page 2 









          2)   This bill  :

            a)  enacts the California Fallen Federal Firefighter  
            Survivor Assistance Act of 2007,

            b)  prohibits the UC and 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, and

            c)   provides continuing health benefit coverage as  
            specified under the 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.


           FISCAL EFFECT  :
          
          According to the Assembly Appropriations Committee analysis:

            "1)  General Fund (GF) costs would depend on the number of  
            existing and future surviving spouses and children of  
            fallen firefighters take advantage of medical and/or  
            tuition benefits.  Currently surviving spouses receive  
            health care benefits at an annual GF cost of $372,000.   
            Since 1990, 30 federal firefighters have been killed in the  
            line of duty.  It is unknown how many of these firefighters  
            left survivors.  If 10 surviving spouses and their families  
            were to receive health benefits, the initial cost would be  
            around $130,000 annually.  If two additional surviving  
            spouses become eligible for benefits, the annual cost would  
            exceed $150,000.

            "2)  Revenue losses to UC and CSU, assuming 10 students at  
            each system receive a tuition waiver, would be $64,000 and  
            $28,000, respectively.  Any revenue losses at the community  
            colleges would be minor."


           COMMENTS  :
          
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          Date: 7/05/07              Page 3 









          1)   Arguments in support  

          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 omission.































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          Date: 7/05/07              Page 4 









            "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."

          2)   SUPPORT  :

               American Federation of State, County and Municipal  
          Employees
               CalPERS
               CDF Firefighters
               California Fire Chiefs Association
               California Peace Officers' Association
               Federal Wildland Fire Service Association
               Fire Districts Association of California
               Marin Professional Firefighters
               PERS Retirement Betterment Committee INC.
               Presidio Federal Firefighters, IAFF
               State Council of the International Association of Fire  
          Fighters
               United Firefighters of Los Angeles City, Local 112  
          (UFLAC)

          3)   OPPOSITION  :

               None to date




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          David Felderstein
          Date: 7/05/07              Page 5