BILL ANALYSIS Ó AB 489 Page 1 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 AB 489 Page 2 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 AB 489 Page 3 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. AB 489 Page 4 "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, AB 489 Page 5 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 AB 489 Page 6