BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 489|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 489
          Author:   Gonzalez (D), et al.
          Amended:  6/15/15 in Senate
          Vote:     21  

           SENATE GOVERNMENTAL ORG. COMMITTEE:  12-0, 6/29/15
           AYES:  Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill,  
            Hueso, Lara, McGuire, Runner, Vidak
           NO VOTE RECORDED:  Galgiani

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 4/23/15 - See last page for vote

           SUBJECT:   Public Safety Officer Medal of Valor Act


          SOURCE:    Author

          DIGEST:    This bill adds ocean lifeguards to the list of public  
          safety officers eligible to receive the Public Safety Medal of  
          Valor (Medal of Valor) for extraordinary valor above and beyond  
          the call of duty and expands the membership of the Public Safety  
          Medal of Valor Review Board (Review Board) by adding a  
          representative selected by the United States Lifesaving  
          Association. 

          ANALYSIS:
          
          Existing law:

          1)Provides that the Governor may annually award and present in  
            the name of the State of California a Medal of Valor to one or  








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            more public safety officers cited by the Attorney General upon  
            the recommendation of the Review Board for extraordinary valor  
            above and beyond the call of duty.  

          2)Stipulates that the Medal of Valor shall be the highest state  
            award for valor given to a public safety officer, who includes  
            any person serving a public agency, with or without  
            compensation, as a firefighter, a law enforcement officer,  
            including corrections or court officer or a civil defense  
            officer, or an emergency services officer.  

          3)Establishes a Review Board that recommends candidates to the  
            Attorney General for the Medal of Valor from among the  
            applications received by the Review Board.  The Review Board  
            is comprised of representatives selected by each of 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 selected by the Review Board, representing  
               emergency medical technicians and paramedics. 

          4)Provides that Review Board 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.  Also, makes it explicit that any  







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            cost incurred by a member as a result of serving as a member  
            shall not be paid by the state.  

          5)Requires the Review Board to evaluate applications for the  
            Medal of Valor to determine which applicants, if any, to  
            recommend to the Attorney General.  Not more than once each  
            year, the Review Board may present to the Attorney General the  
            names of those persons, if any, it recommends for the Medal of  
            Valor.  

          6)Authorizes the Review Board to receive donations to pay for  
            meeting and witness expenses and prohibits the Board from  
            holding hearings if such funds are not available.  

          This bill adds ocean lifeguards to the list of public safety  
          officers eligible to receive the Medal of Valor and expands the  
          membership of the Review Board by adding a representative  
          selected by the United States Lifesaving Association. 

          Background
          
          Purpose of AB 489.  Existing law authorizes the Governor to  
          annually award and 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, upon the recommendation  
          of the Review Board for extraordinary valor above and beyond the  
          call of duty.  The 11-member Review Board represents various  
          public safety groups, including firefighters, law enforcement  
          officers, and correctional officers.

          According to the author's office, California's beaches see  
          attendance of more than 175 million people each year and ocean  
          lifeguards carry out over 45,000 rescues in a typical year.  The  
          author's office notes that lifeguards perform heroic acts  
          requiring extraordinary valor yet their profession does not  
          qualify for the Medal of Valor award.  The author's office  
          emphasizes that "in many jurisdictions California lifeguards are  
          classified as public safety officers and they should be eligible  
          to qualify for this award.  Their courageous 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."

          The author's office states that "AB 489 will become more  







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          inclusionary of those who risk their lives every day by adding  
          ocean lifeguards to the list of eligible public servants,  
          alongside firefighters, law enforcement officers, corrections  
          officers and emergency service officers."  Additionally, this  
          bill increases the membership of the Review Board by adding a  
          representative selected by the United States Lifesaving  
          Association. 

          Prior/Related Legislation

          SB 52 (Correa, Chapter 553, Statutes of 2009) revised existing  
          provisions of law relative to the awarding of the Medal of Valor  
          and allowed the reconstituted Review Board to meet more than  
          once a year and for the award to be given out to one or more  
          public safety officers at a time. 

          AB 671 (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, has been killed in the  
          line of duty.

          SB 1800 (Johannessen, Chapter 226, Statutes of 2002) enacted the  
          Public Safety Officer Medal of Valor Act, created the Medal of  
          Valor Review Board and authorized the Governor to award this  
          medal annually. 

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



          SUPPORT:  (Verified  8/20/15)

          California Marine Safety Chief's Association
          California Peace Officers' Association
          California State Lodge, Fraternal Order of Police
          California Statewide Law Enforcement Association
          California Surf Lifesaving Association
          California Teamsters Public Affairs Council
          City of Encinitas
          Councilmember Myrtle Cole, City of San Diego
          Councilmember Todd Gloria, City of San Diego







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          Huntington State Beach Lifeguard Association
          Imperial Beach Lifeguards Service
          Long Beach Police Officers Association
          Los Angeles County Board of Supervisors
          Los Angeles County Professional Peace Officers Association
          Los Angeles County Surf Life Saving Association
          Mayor Kevin L. Faulconer, City of San Diego
          Newport Beach Police Department
          Newport Beach Fire Department
          Professional Lifeguard Foundation
          Sacramento County Deputy Sheriffs' Association
          San Diego Fire-Rescue Department
          San Diego Police Department
          Santa Ana Police Officers Association
          United States Lifesaving Association

          OPPOSITION:  (Verified  7/13/15)

          California Professional Firefighters
          Peace Officers Research Association of California

          ARGUMENTS IN SUPPORT:    Proponents state that in July of 2014,  
          Ben Carlson, a 32 year-old Newport Beach lifeguard lost his life  
          in the line of duty attempting to rescue a swimmer in distress  
          in waves estimated to be in excess of ten feet.  Proponents note  
          that, "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 undertake millions of preventative actions to  
          reduce injury and prevent drowning.  California lifeguards risk  
          their lives and safety to perform such duties in large surf,  
          around rocks and piers, or other dynamic and unpredictable  
          forces of nature."

          ARGUMENTS IN OPPOSITION:    Writing in opposition, the Peace  
          Officers Research Association of California (PORAC) argues, "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  







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          PORAC believes those awards are better suited for non-sworn  
          ocean lifeguards."

          Also writing in opposition, the California Professional  
          Firefighters note, "Ocean lifeguards are emergency responders  
          and in areas such as San Diego and Los Angeles, they are  
          classified as public safety employees for retirement purposes.  
          The ocean lifeguards in Los Angeles County, for example, are  
          under the employ of the county fire department. These employees  
          not only perform ocean rescues and render emergency medical  
          services, but they are an integral part of that county's swift  
          water response team.  As such, ocean lifeguards are already  
          eligible to be considered candidates for the state's Medal of  
          Valor and are currently represented on the Review Board via  
          existing organizational representatives.  Given this, AB 489 is  
          duplicative and unnecessary."

          ASSEMBLY FLOOR:  77-0, 4/23/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Obernolte, O'Donnell, Olsen, Patterson,  
            Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Nazarian, Salas

          Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
          8/20/15 13:00:38


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