CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1945

Author:(Salas)

As Amended Ver:June 29, 2020

Majority vote

SUMMARY:

Defines a "first responder" in the California Emergency Services Act (CESA) as an employee of the state or a local public agency who provides emergency response services, including any of the following: a peace officer; a firefighter; paramedic; an emergency medical technician; and a public safety dispatcher or public safety telecommunicator.

The Senate Amendments:

Strike "emergency response communication employee" from being defined as a first responder.

COMMENTS:

The author notes, "the Federal Standard Occupational Classification (SOC) system was established by the United States Bureau of Labor Statistics to reflect the occupational structure in the country. Under the current system, dispatchers are considered "Office and Administrative Support Occupations," which typically describes jobs like file clerks and office assistants. Given the stress, level of training, and life-saving nature of the duties performed by dispatchers, the SOC classification is inaccurate and fails to recognize the highly skilled work of our nation's dispatchers."

According to the Author:

It is an honor to officially recognize the incredible work of our public safety dispatchers. Dispatchers are vital to keeping our communities safe. When a hostage taker or a suicidal person calls 9-1-1, the first individual they speak with is often a dispatcher whose negotiation skills can save lives. A local dispatcher initially contacted my office with the idea for this legislation, her life-saving work in the community was the start of this bill which ensures that brave women and men who are working as dispatchers are properly acknowledged for their work.

Arguments in Support:

According to the California Chapter of the National Emergency Number Association (CALNENA), "Public safety dispatchers play a vital role in emergency response, which extends far beyond just dispatching calls for peace officers and firefighters. Dispatchers are often responsible for being the first to respond to an accident or emergency. California is home to approximately 6,160 emergency dispatchers who answer over 27 million 9-1-1 calls in a year, with an additional 28,000 emergency text messages." The California State Sheriff's Association adds in support, "public safety dispatchers are vital to law enforcement operations in the field, as they are oftentimes the first to respond to an emergency or accident, and relay important information to our officers on the front lines. Although they regularly respond to local and state emergencies, they are not currently defined as "First Responders" by California statute."

Arguments in Opposition:

None.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, this bill "would not result in new direct costs to the state. However, it would likely lead to General and special fund cost pressures resulting from potential future policy changes affecting first responders, the magnitude of which is unknown."

VOTES:

ASM GOVERNMENTAL ORGANIZATION: 20-0-1

YES: Gray, Bigelow, Aguiar-Curry, Berman, Bonta, Brough, Cooley, Daly, Gallagher, Eduardo Garcia, Gipson, Jones-Sawyer, Lackey, Low, Mathis, Melendez, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas

ABS, ABST OR NV: Cooper

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

ASSEMBLY FLOOR: 76-0-3

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Gloria, Muratsuchi, Quirk

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Jones

UPDATED:

VERSION: June 29, 2020

CONSULTANT: Mike Dayton / G.O. / (916) 319-2531 FN: 0003494

 THIRD READING  

Bill No: AB 1945

Author: Salas (D), et al.

Amended: 6/29/20 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 8/5/20

AYES: Hill, Morrell, Jackson, Mitchell, Pan

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/20/20

AYES: Portantino, Bates, Bradford, Hill, Jones, Leyva, Wieckowski

ASSEMBLY FLOOR: 76-0, 6/8/20 - See last page for vote

SUBJECT: Emergency services: first responders

SOURCE: Author

DIGEST: This bill formalizes the definition of “First Responder” and includes “Public Safety Dispatcher and Public Safety Telecommunicator” within that definition.

ANALYSIS:

Existing law:

1. Defines “Peace Officer” to include any person listed in Chapter 4.5 of the Penal Code, beginning with Section 830 and ending with Section 832.19. This includes, but is not limited to, police officers, members of the California Highway Patrol, UC and CSU campus police and many other law enforcement officials. (Government Code §830)
2. Defines “Firefighter” to mean only a member of a fire department of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether the members are volunteer, partly paid, or fully paid. “Firefighter” does not include those whose principal duties are clerical or other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. (Government Code §50925)
3. Defines “Paramedic” to mean an individual whose scope of practice to provide advanced life support is according to standards prescribed by the Health and Safety Code and who is in possession of a valid certificate issued pursuant to the Health and Safety Code. (Health and Safety Code §1797.84)
4. Defines “Emergency Medical Technician” to mean an individual trained in all facets of basic life support according to standards prescribed by the Health and Safety Code and who has a valid certificate issued pursuant to the Health and Safety Code. This includes workers designated as EMT-I (FS), EMT-I-A, EMT-II or Advanced Emergency Medical Technician.(Health and Safety Code §§1797.80-1797.82)
5. Requires the Office of Emergency Services within the Governor’s Office to, among other things, develop curriculum for first responder training, and to adopt standards and procedures for training first responder instructors. (Government Code §8588.11)

This bill:

1. Defines “First Responder” to mean an employee of the state or a local public agency who provides emergency response services. Specifically includes:
   1. Peace officers.
   2. Firefighters.
   3. Paramedics or Emergency Medical Technicians.
   4. Public Safety Dispatcher or Public Safety Telecommunnicator.
2. Defines “Public Safety Dispatcher or Public Safety Telecommunicator” to mean an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit or dispatch emergency and non-emergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device. This includes an individual who supervises individuals who perform the above-listed functions.
3. Defines “Peace Officer”, “Firefighter”, “Paramedic” and “Emergency Medical Technician” using existing definitions within the Government and Health and Safety Codes.
4. Clarifies that the definitional changes made do not confer a right to an employee or prospective employee to obtain a retirement benefit formula for an employment classification that is either not included in that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 or the County Employees Retirement Law of 1937.
5. Prohibits an employer from offering or indicate an ability to offer an employee or prospective employee a retirement benefit formula for an employment classification that is either not included in that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 or the County Employees Retirement Law of 1937.

Comments

1. Need for this bill? According to the author:

Under current federal law, dispatchers are considered an “Office and Administrative Support Occupation”, which typically describes positions like file clerks and office assistants. Given the stress, the level of training and life-saving nature of the duties performed by dispatchers, this classification is inaccurate and fails to recognize the highly skilled work of our nation’s dispatchers.

AB 1945 will remedy this issue by reclassifying public safety dispatchers as first responders. This change must be codified now to ensure that when treatments are developed for COVID-19, dispatchers are considered for priority access along with the traditional first responder groups such as peace officers and firefighters. Dispatchers are truly the first individuals to respond during the case of an emergency and are vital to the response chain in California. The step of reclassification should be taken now to ensure that our public safety dispatchers are properly supported as we move forward through this pandemic.

1. Senate Labor, Public Employment and Retirement Committee Staff Comment. There was early concern that this change to “first responder” designation would confer some kind of pension-related benefit to professions that normally would not qualify. To remedy this, the author has taken clarifying amendments that specifically state that AB 1945 does not by itself confer a benefit change.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, this bill would not result in new direct costs to the state. However, it would likely lead to General and special fund cost pressures resulting from potential future policy changes affecting first responders, the magnitude of which is unknown.

SUPPORT: (Verified 8/21/20)

California Chapter National Emergency Number Association

California State Sheriffs’ Association

California Statewide Law Enforcement Association

County of Monterey

Orange County Employees Association

Peace Officers Research Association of California

OPPOSITION: (Verified 8/21/20)

None received

ARGUMENTS IN SUPPORT: According to the author, “As COVID-19 continues to impact both the health and economic well-being of our state, it is vital that our emergency response chain remains intact. The Council on Foreign Relations has reported that lockdowns to contain the coronavirus have increased risks associated with domestic violence, especially for women, children, and LGBTQ+ individuals. Additionally, California is heading into peak fire season where the state is preparing for historic wildfires amidst the pandemic. At the heart of the response to deal with these situations are thousands of public safety dispatchers who ensure that 9-1-1 calls and emergency services are coordinated properly. These workers are absolutely essential and continue to be at high risk of contracting COVID-19 due to the close-quarter dispatch centers that they serve in.”

ASSEMBLY FLOOR: 76-0, 6/8/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Gloria, Muratsuchi, Quirk

Prepared by: Jake Ferrera / L., P.E. & R. / (916) 651-1556

8/21/20 19:49:50

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1945 (Salas) - Emergency services: first responders

Bill Summary:

AB 1945 would (1) formalize the definition of “First Responder,” and (2) add “Public Safety Dispatcher” and “Public Safety Telecommunicator” to that definition.

Fiscal Impact:

This bill would not result in new direct costs to the State. However, it would likely lead to General and special fund cost pressures resulting from potential future policy changes affecting first responders, the magnitude of which is unknown (See Staff Comments).

Background:

Current law contains specified definitions for Peace Officer, Firefighter, Paramedic, and Emergency Medical Technician. It does not appear to include a definition of “First Responder.”

Proposed Law:

This bill would, among other things, do the following:

• Define “First Responder” to mean an employee of the state or a local public agency who provides emergency response services, including (1) peace officers, (2) firefighters, (3) paramedics or emergency medical technicians, and (4) public safety dispatchers/public safety telecommunnicators, as defined.
• Define “Peace Officer”, “Firefighter”, “Paramedic” and “Emergency Medical Technician” using existing definitions within the Government and Health and Safety Codes.
• Clarify that the definitional changes made do not confer a right to an employee or prospective employee to obtain a retirement benefit formula for an employment classification that is either not included in that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 or the County Employees Retirement Law of 1937.
• Prohibit an employer from offering or indicate an ability to offer an employee or prospective employee a retirement benefit formula for an employment classification that is either not included in that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 or the County Employees Retirement Law of 1937.

Staff Comments:

CalHR notes that the complete fiscal impact of this bill cannot be determined in advance. However, it is likely to lead to future policy changes affecting first responders, which in turn could lead to future costs of an unknown amount. It is possible that an increase in salary and a better retirement benefits could result. CalHR notes that there are approximately 700 Public Safety Dispatchers. Since the department manages the state’s classification and pay scales/plan, if salary increases did result, CalHR would determine if there are other classifications aligned with the affected Public Safety Dispatchers, who may potentially require salary increases as well.

The current version of this bill clarifies that it would not confer some kind of pension-related benefit to professions that normally would not qualify.

Any local government costs resulting from the mandate in this measure are not state-reimbursable because the mandate only involves the definition of a crime or the penalty for conviction of a crime.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Jerry Hill, Chair

2019 - 2020 Regular

Bill No: AB 1945 Hearing Date: August 5, 2020

SUBJECT: Emergency services: first responders.

KEY ISSUE

Should the Legislature formalize the definition of “First Responder” and include “Public Safety Dispatcher, Public Safety Telecommunicator or Emergency Response Communication Employee” to that definition?

ANALYSIS

Existing law:

1. Defines “Peace Officer” to include any person listed in Chapter 4.5 of the Penal Code, beginning with Section 830 and ending with Section 832.19. This includes, but is not limited to, police officers, members of the California Highway Patrol, UC and CSU campus police and many other law enforcement officials. (Government Code §830)
2. Defines “Firefighter” to mean only a member of a fire department of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether the members are volunteer, partly paid, or fully paid. “Firefighter” does not include those whose principal duties are clerical or other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property.

(Government Code §50925)

1. Defines “Paramedic” to mean an individual whose scope of practice to provide advanced life support is according to standards prescribed by the Health and Safety Code and who is in possession of a valid certificate issued pursuant to the Health and Safety Code.

(Health and Safety Code §1797.84)

1. Defines “Emergency Medical Technician” to mean an individual trained in all facets of basic life support according to standards prescribed by the Health and Safety Code and who has a valid certificate issued pursuant to the Health and Safety Code. This includes workers designated as EMT-I (FS), EMT-I-A, EMT-II or Advanced Emergency Medical Technician.

(Health and Safety Code §§1797.80-1797.82)

1. Requires the Office of Emergency Services within the Governor’s office to, among other things, develop curriculum for first responder training, and to adopt standards and procedures for training first responder instructors. (Government Code §8588.11)

This bill:

1. Defines “First Responder” to mean an employee of the state or a local public agency who provides emergency response services. Specifically includes:
2. Peace officers
3. Firefighters
4. Paramedics or Emergency Medical Technicians.
5. Public Safety Dispatcher or Public Safety Telecommunnicator
6. Defines “Public Safety Dispatcher or Public Safety Telecommunicator” to mean an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit or dispatch emergency and non-emergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device. This includes an individual who supervises individuals who perform the above-listed functions.
7. Defines “Peace Officer”, “Firefighter”, “Paramedic” and “Emergency Medical Technician” using existing definitions within the Government and Health and Safety Codes.
8. Clarifies that the definitional changes made do not confer a right to an employee or prospective employee to obtain a retirement benefit formula for an employment classification that is either not included in that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 or the County Employees Retirement Law of 1937.
9. Prohibits an employer from offering or indicate an ability to offer an employee or prospective employee a retirement benefit formula for an employment classification that is either not included in that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 or the County Employees Retirement Law of 1937.

COMMENTS

1. Need for this bill?

According to the Author:

“Under current federal law, dispatchers are considered an “Office and Administrative Support Occupation”, which typically describes positions like file clerks and office assistants. Given the stress, the level of training and life-saving nature of the duties performed by dispatchers, this classification is inaccurate and fails to recognize the highly skilled work of our nation’s dispatchers.

AB 1945 will remedy this issue by reclassifying public safety dispatchers as first responders. This change must be codified now to ensure that when treatments are developed for COVID-19, dispatchers are considered for priority access along with the traditional first responder groups such as peace officers and firefighters. Dispatchers are truly the first individuals to respond during the case of an emergency and are vital to the response chain in California. The step of reclassification should be taken now to ensure that our public safety dispatchers are properly supported as we move forward through this pandemic.”

1. Staff Comment

There was early concern that this change to “first responder” designation would confer some kind of pension-related benefit to professions that normally would not qualify. To remedy this, the author has taken clarifying amendments that specifically state that AB 1945 does not by itself confer a benefit change.

1. Proponent Arguments

According to the Author:

“As COVID-19 continues to impact both the health and economic well-being of our state, it is vital that our emergency response chain remains intact. The Council on Foreign Relations has reported that lockdowns to contain the coronavirus have increased risks associated with domestic violence, especially for women, children, and LGBTQ+ individuals. Additionally, California is heading into peak fire season where the state is preparing for historic wildfires amidst the pandemic. At the heart of the response to deal with these situations are thousands of public safety dispatchers who ensure that 9-1-1 calls and emergency services are coordinated properly. These workers are absolutely essential and continue to be at high risk of contracting COVID-19 due to the close-quarter dispatch centers that they serve in.”

1. Opponent Arguments:

None received.

1. Prior Legislation:

None.

SUPPORT

California Chapter National Emergency Number Association

California State Sheriffs’ Association

California Statewide Law Enforcement Association

County of Monterey

Orange County Employees Association

Peace Officers Research Association of California

OPPOSITION

None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1945

Author:(Salas)

As Amended Ver:May 4, 2020

Majority vote

SUMMARY:

This bill places a new definition of "first responder" in the Government Code. Specifically, this bill defines a first responder a state or local government employee who provides emergency response services, including a peace officer, firefighter, paramedic, emergency medical technician and a public safety dispatcher, as defined. This bill also clarifies that this new definition does not confer a right to an employee to obtain a retirement benefit formula for an employment classification that is not included in, or excluded from, that formula as specified.

Major Provisions

1. Defines a "first responder" in the California Emergency Services Act (CESA) as an employee of the state or a local public agency who provides emergency response services, including any of the following: a peace officer; a firefighter; paramedic; an emergency medical technician; and a public safety dispatcher, public safety telecommunicator, or emergency response communication employee.
2. Defines "public safety dispatcher, public safety telecommunicator, or emergency response communication employee" as specified.
3. Specifies that the definition of "first responder" shall not confer a right to, or entitlement upon, an employee to obtain a retirement benefit formula an employment classification established by statute.

COMMENTS:

Supporters of this bill argue one reason for this bill is that the federal government, through the Standard Occupational Classification (SOC) System, lists "Public Safety Telecommunicators" under the "Other Office and Administrative Support Positions" subcategory. This designation, they contend, does not reflect public safety dispatchers' contribution to the emergency response chain.

According to the Author:

"It is an honor to officially recognize the incredible work of our public safety dispatchers. Dispatchers are vital to keeping our communities safe. When a hostage taker or a suicidal person calls 9-1-1, the first individual they speak with is often a dispatcher whose negotiation skills can save lives. A local dispatcher initially contacted my office with the idea for this legislation, her life-saving work in the community was the start of this bill which ensures that brave women and men who are working as dispatchers are properly acknowledged for their work."

Arguments in Support:

According to the California Chapter of the National Emergency Number Association (CALNENA), "Public safety dispatchers play a vital role in emergency response, which extends far beyond just dispatching calls for peace officers and firefighters. Dispatchers are often responsible for being the first to respond to an accident or emergency. California is home to approximately 6,160 emergency dispatchers who answer over 27 million 9-1-1 calls in a year, with an additional 28,000 emergency text messages." The California State Sheriff's Association adds in support, "public safety dispatchers are vital to law enforcement operations in the field, as they are oftentimes the first to respond to an emergency or accident, and relay important information to our officers on the front lines. Although they regularly respond to local and state emergencies, they are not currently defined as "First Responders" by California statute."

Arguments in Opposition:

The American Federation of State, County and Municipal Employees, AFL-CIO opposes this bill, stating that this bill "excludes private emergency medical service providers" and "fails to acknowledge the emergency response services provided by emergency responders that are not employed directly by the state or local agency."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, "No additional state costs. However, this bill is likely to lay the foundation for future policy changes affecting first responders, which could lead to future costs of an unknown amount."

VOTES:

ASM GOVERNMENTAL ORGANIZATION: 20-0-1

YES: Gray, Bigelow, Aguiar-Curry, Berman, Bonta, Brough, Cooley, Daly, Gallagher, Eduardo Garcia, Gipson, Jones-Sawyer, Lackey, Low, Mathis, Melendez, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas

ABS, ABST OR NV: Cooper

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

UPDATED:

VERSION: May 4, 2020

CONSULTANT: Mike Dayton / G.O. / (916) 319-2531 FN: 0002842

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1945

Author:(Salas) – As Amended Ver:May 4, 2020

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill places a new definition of “first responder” in the Government Code. Specifically, this bill defines a first responder a state or local government employee who provides emergency response services, including a peace officer, firefighter, paramedic, emergency medical technician and a public safety dispatcher, as defined. This bill also clarifies that this new definition does not confer a right to an employee to obtain a retirement benefit formula for an employment classification that is not included in, or excluded from, that formula pursuant to specified laws.

FISCAL EFFECT:

No additional state costs. However, this bill is likely to lay the foundation for future policy changes affecting first responders, which could lead to future costs of an unknown amount (See staff comment #3.)

COMMENTS:

1. Purpose. According to the author, this bill recognizes the work of public safety dispatchers. Supporters argue that under this bill, “California will be making a clear statement that recognizes dispatchers for the life-saving work that they perform heroically every day.”
2. Other Office and Administrative Support Positions. Supporters of this bill argue one reason for this bill is that the federal government, through the Standard Occupational Classification (SOC) System, lists “Public Safety Telecommunicators” under the “Other Office and Administrative Support Positions” subcategory. This designation, they contend, does not reflect public safety dispatchers’ contribution to the emergency response chain.
3. Cost pressures. This bill creates a new definition of “first responder” in the Government Code. Based on a review of California Law, there is no other definition of “first responder” in California statute. Instead, “first responder” tends to be a general term.

This bill’s proposed definition of “first responder” may be independent of any other existing statute, but that will not be the case for long. One common type of legislation is a bill that “seeks parity” in current law on behalf of a particular group. This bill will open up the possibility that any program or right afforded a peace officer, firefighter, paramedic or emergency medical technician could now be provided to other first responders. This bill, by design, provides a more inclusive definition of first responder. This committee should expect, in the future, inclusive policies as a result.

1. Opposition. The American Federation of State, County and Municipal Employees, AFL-CIO opposes this bill, arguing that this bill “excludes private emergency medical service providers” and “fails to acknowledge the emergency response services provided by emergency responders that are not employed directly by the state or local agency.”
2. Related legislation. AB 2593 (Boerner Horvath) similarly creates a definition of
   first responder” in the Government Code. However, instead of including public safety dispatchers in this definition, AB 2593 includes lifeguards. AB 2593 is pending in the Assembly Committee on Governmental Organization.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: May 12, 2020

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 1945 (

Author:Salas) – As Amended Ver:May 4, 2020

SUBJECT: Emergency services: first responders

SUMMARY: Defines “first responders” in California statute. Specifically, this bill:

1) Defines a “first responder” in the California Emergency Services Act (CESA) as an employee of the state or a local public agency who provides emergency response services, including any of the following: a peace officer; a firefighter; paramedic; an emergency medical technician; and a public safety dispatcher, public safety telecommunicator, or emergency response communication employee.

2) Defines “public safety dispatcher, public safety telecommunicator, or emergency response communication employee” as specified.

3) Specifies that the definition of “first responder” shall not confer a right to, or entitlement upon, an employee to obtain a retirement benefit formula an employment classification established by statute.

EXISTING LAW:

1) Establishes Cal OES in the office of the Governor and provides that Cal OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

2) The California Emergency Services Act (CESA) authorizes the Governor to proclaim a state of emergency and defines the conditions both a state of war emergency and state of emergency.

3) CESA also authorizes the governing body of a city, county, city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined.

4) Establishes the Public Employees’ Retirement Law (PERL) administered by the California Public Employees’ Retirement System to effect economy and efficiency in the public service by providing a means whereby employees who become superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees, and to that end provide a retirement system consisting of retirement compensation and benefits.

5) Establishes the County Employees’ Retirement Law (CERL) of 1937, which recognizes a public obligation to county and district employees who become incapacitated by age or long service in public employment and its accompanying physical disabilities by making provision for retirement compensation and death benefit as additional elements of compensation for future services, and to provide a means by which public employees who become incapacitated may be replaced by more capable employees to the betterment of public service without prejudice and without inflicting a hardship upon the employees removed.

FISCAL EFFECT: Unknown.

COMMENTS:

Purpose of the bill: According to the author, “It is an honor to officially recognize the incredible work of our public safety dispatchers. Dispatchers are vital to keeping our communities safe. When a hostage taker or a suicidal person calls 9-1-1, the first individual they speak with is often a dispatcher whose negotiation skills can save lives. A local dispatcher initially contacted my office with the idea for this legislation, her life-saving work in the community was the start of this bill which ensures that brave women and men who are working as dispatchers are properly acknowledged for their work.”

Additionally, the author notes, “the Federal Standard Occupational Classification (SOC) system was established by the United States Bureau of Labor Statistics to reflect the occupational structure in the country. Under the current system, dispatchers are considered “Office and Administrative Support Occupations,” which typically describes jobs like file clerks and office assistants. Given the stress, level of training, and life-saving nature of the duties performed by dispatchers, the SOC classification is inaccurate and fails to recognize the highly skilled work of our nation’s dispatchers.”

Implication of Defining First Responder: Generally, the PERL and CERL provide for retirement, death and other benefits of public employees, including their survivors or beneficiaries, who are members of a retirement system that is responsible for administering the applicable retirement law.  These benefits, established by statute, prescribe a retirement benefit formula based on the “class” or employment “classification” of public employees.

Specified employees participating in a public employee retirement pension plan and who belong to a particular class or employment classification are entitled to receive the retirement benefit formula established for that class, and who may retire and receive a lifetime retirement allowance based on that retirement formula (e.g., state miscellaneous, state peace officer/firefighter, local miscellaneous, local safety, etc.).

The amended version of this bill provide clarity that inclusion of a classification within the definition of “First Responder” does not confer a right, nor an entitlement to an individual relating to retirement benefits, as a result of inclusion in the definition. Should this bill become effective and there is a desire in the future to modify retirement benefits for classifications included in the definition of “first responder” as provided here, a separate legislative vehicle would be appropriate to address the matter at that time.

Arguments in support: According to the California Chapter of the National Emergency Number Assocation (CALNENA), “Public safety dispatchers play a vital role in emergency response, which extends far beyond just dispatching calls for peace officers and firefighters. Dispatchers are often responsible for being the first to respond to an accident or emergency. California is home to approximately 6,160 emergency dispatchers who answer over 27 million 9-1-1 calls in a year, with an additional 28,000 emergency text messages.” The California State Sheriff’s Association adds in support, “public safety dispatchers are vital to law enforcement operations in the field, as they are oftentimes the first to respond to an emergency or accident, and relay important information to our officers on the front lines. Although they regularly respond to local and state emergencies, they are not currently defined as “First Responders” by California statute.”

Arguments in opposition: American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO, “While we support the underlying concept of including public safety dispatchers, public safety telecommunicators and emergency response communication employees to the definition, this bill fails to acknowledge the emergency response services provided by emergency responders that are not employed directly by the state or a local agency.”

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriff’s Association

Livingston Police Department

Los Banos Police Department

Orange County Employees Association

California Statewide Law Enforcement Association

CALNENA (California Chapter of the National Emergency Number Association)

The Association of Public Safety Communication Officials, Norther California Chapter

Sheriff of Kings County

City of La Mesa Police Department

Delano Police Department, Robert Nevarez Chief of Police

California Statewide Law Enforcement Association

Milpitas Firefighters Local 1699

Ventura County Fire Public Safety Dispatchers

Ventura County Fire Department Dispatchers

Marin County Sheriff’s Office

Heather Costello, Marin County Sheriff’s Office Communications Center

San Rafael Police Dispatchers

City of Marysville Police Department

City of Marysville Police Department, Officer David Copeland

City of Marysville Police Department, Records Clerk Jo. A. Vasconcellos

City of Marysville Police Department, Chief of Police Christian S. Sachs

City of Marysville Police Department, Executive Assistant to the Chief Police, Mary Kimberly Sannar

City of Marysville Police Department, Dispatch/Records Supervisor, Britney Melchor

City of Marysville Police Department, Reserve Police Officer Walter J. Ross

City of Marysville City Manager, Marti Brown

City of Marysville, City Clerk Nicole Moe

City of Marysville, Finance Director Jennifer Styczynski

The Newport Beach Police Department

The San Francisco Department of Emergency Management

The Vacaville Police Officers Association, President Ron Jacobson

Humboldt County, Board of Supervisors, Chair Estelle Fennell

The Costa Mesa Police Department

The El Monte Police Department

Monterey County Emergency Communications

Shascom 911

Fairfax Police Department, Chief of Police Christopher E. Morin

Contra Costa County Fire

Contra Costa County Fire Protection District

Verdugo Fire Communications

Yolo911 Dispatchers

The Pomona Police Department

Alameda County Fire Department Dispatchers

San Leandro Police Officers Association

South Gate Police Department

Sandee Conn, Buena Park Police Department

Opposition

American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO

Analysis Prepared by: Mike Dayton / G.O. / (916) 319-2531