BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 489| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 489 Page 2 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 AB 489 Page 3 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 AB 489 Page 4 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 AB 489 Page 5 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 AB 489 Page 6 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 **** END **** AB 489 Page 7