BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 489


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          Date of Hearing:  April 7, 2015
          Chief Counsel:     Gregory Pagan



                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                   489 (Gonzalez) - As Introduced  February 23, 2015



          
          SUMMARY:  Adds ocean lifeguards to the list of public safety  
          officers eligible to receive the Public Safety Medal of Valor  
          (PSMOV) for extraordinary valor above and beyond the call of  
          duty, and authorizes a group to be named later to represent  
          ocean lifeguards on the PSMOV Review Board. 

          EXISTING LAW:  

          1)Provides that the Governor may annually present in the name of  
            the State of California a Medal of Valor to one or more public  
            safety officers cited by the Attorney General (AG) upon the  
            recommendation of the Medal of Valor Review Board for  
            extraordinary valor above and beyond the call of duty.  The  
            Public Safety Medal of Valor shall be the highest state award  
            for valor given to a public safety officer, which includes any  
            person serving a public service agency, with or without  
            compensation, as a firefighter, a law enforcement officer,  
            including a corrections or court officer or a civil defense  
            officer, or an emergency services officer.  (Gov. Code, §  
            3401.)

          2)Creates the "Medal of Valor Review Board", comprised of  








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            representatives or their designees, selected by the following  
            organizations:

             a)   California Association of Highway Patrolman;

             b)   California Coalition of Law Enforcement Associations;

             c)   California Correctional Peace Officers Association;

             d)   California Peace Officers' Association;

             e)   California Police Chiefs' Association;

             f)   California Professional Firefighters;

             g)   California State Firefighters' Association;

             h)   California State Sheriffs' Association;

             i)   California Statewide Law Enforcement Association;

             j)   Peace Officers Research Association of California; and





             aa)  A group representing emergency medical technicians and  
               paramedics, to be selected by the Board.  (Gov. Code, §  
               3402.) 

          3)Provides that the Board shall be chaired by a member elected  
            by a majority of the members at the first official meeting of  
            the Board each year.  The Board shall meet at the call of the  
            chair.  Members shall serve without compensation or  
            reimbursement for travel, per diem, or other expenses, and  
            they shall minimize travel expenses to the greatest extent  
            possible.  Any cost incurred by a member as a result of  
            serving as a member shall not be paid by the state.  (Gov.  
            Code, § 3402, subd. (c).)

          4)Requires the Board to review applications for the PSMOV to  








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            determine which applicants, if any, to recommend to the AG.   
            Not more than once each year, the Board may present to the AG  
            the names of those persons, if any, it recommends for the  
            PSMOV.  (Gov. Code, § 3402, subds. (d) & (e).)

          5)Authorizes the Board to receive donations to pay for meeting  
            and witness expenses.  Witnesses requested to appear before  
            the Board may be paid no more than the fees paid to witnesses  
            under Code of Civil Procedure.  The per diem and mileage  
            allowance may be paid by funds donated to the Board and shall  
            not be paid by the state.  If donated funds are not available  
            to the Board, the Board shall not hold hearings or have  
            witnesses.  (Gov. Code, § 3402, subd. (f).)
          FISCAL EFFECT: Unknown
          COMMENTS:  

          1)Author's Statement:  According to the author, "The Public  
            Safety Medal of Valor is the highest state award given to  
            public safety officers for showing "extraordinary valor beyond  
            the call of duty". Lifeguards in most jurisdictions in  
            California are classified as public safety officers and they  
            should be eligible to qualify for this award. Their heroic  
            actions save thousands of lives each year and the dangerous  
            work they perform has led some to pay the ultimate price, yet  
            they cannot be considered for this honor.

          "AB 489 will become more inclusionary of those who risk their  
            lives every day and add ocean lifeguards to the list of  
            eligible public servants alongside firefighters, law  
            enforcement officers, corrections officers and emergency  
            service officers."

          2)Argument in Support:  The California Marine Safety Chief's  
            Association states, "On July 6, 2014, 32 year-old Newport  
            Beach Lifeguard Ben Carlson tragically lost his life in the  
            line of duty. Ben entered the water and made contact with a  
            swimmer in distress. During the rescue, the two were hit by a  
            large set of waves estimated at 10' - 12'. Ben, believed to be  
            knocked unconscious, was lost in the turbulent water  
            conditions. The swimmer was assisted to safety by a body  
            boarder in the area and was uninjured. 









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          "Every day of the year, people go to the beach to enjoy the  
            amenities it provides. However, there are inherent risks  
            involved with the ocean and many municipalities and government  
            agencies provide a service to protect and educate the public.  
            California ocean lifeguards rescue around 45,000 individuals  
            annually and make millions of preventative actions to reduce  
            injury and prevent drowning. With this, lifeguards risk their  
            lives and safety to perform their duties, whether it is in  
            large surf, around rocks and piers, or other dynamic and  
            unpredictable forces of nature.

          "Assembly Bill 489 will become more inclusionary of those who  
            risk their lives every day to protect all of us in the state.  
            Our organization strongly supports adding ocean lifeguards to  
            the list of eligible public servants, alongside firefighters,  
            law enforcement officers, corrections officers and emergency  
            service officers. AB 489 would also include a 12th member that  
            represents ocean lifeguards to sit on the Public Safety Medal  
            of Valor Review Board, a group that reviews and recommends  
            candidates to the Attorney General." 

          3)Argument in Opposition:  The Peace Officers Research  
            Association of California (PORAC) argues, "AB 489 would add  
            ocean lifeguards to the list of public safety officers  
            eligible to receive the award and authorize an unspecified  
            group to represent ocean lifeguards on the review board.

          "The Public Safety Officer Medal of Valor is meant to recognize  
            the heroic acts of sworn public safety personnel. While we  
            appreciate the heroism of our ocean lifeguards and commend  
            their efforts to keep our coastline safe, the Medal of Valor  
            is not the appropriate avenue for recognition. There are  
            separate medals for citizen and non-sworn public safety  
            personnel and PORAC believes those awards are better suited  
            for non-sworn ocean lifeguards." 

          4)Prior Legislation:  AB 467 (Krekorian), Chapter 462, Statutes  
            of 2009, required the Governor to annually present a Golden  
            Shield Award, of appropriate design, to the next of kin or  
            immediate family of every public safety officer, as defined,  
            who, while serving in any capacity under competent authority,  








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            has been killed in the line of duty.

          REGISTERED SUPPORT / OPPOSITION:

          Support


          Myrtle Cole, San Diego City Council Member
          Mark Kersey, San Diego City Council Member
          California Marine Safety Chief's Association
          California Teamsters Public Affairs Council
          California State Lodge, Fraternal Order of Police
          Los Angeles County Professional Peace Officers Association
          Long Beach Police Officers Association
          Sacramento County Deputy Sheriffs' Association
          San Diego Police Department
          San Diego Fire-Rescue Department
          Santa Ana Police Offices Association
          Unite States Lifesaving Association
          Five Private Citizens

          Opposition

          California Professional Firefighters
          Peace Officers Research Association of California



          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744




















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