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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