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
AB 489
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