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CSLSA Legislative Committee update: 10/12

The chair reviewed current legislative bills that pertain to lifeguards. (1) AB 60, which would add felony battery to the list of "serious and violent felonies" for battery committed against a custodial officer, firefighter, EMT, lifeguard, etc. engaged in the performance of his or her duties. (2) AB 2443, which would add an additional fee to the required registration fee for vessels. All funds from this additional fee will be used for eradicating the dreissenid mussel. (3) AB 2571, which would enact the Maritime Police Officer Standards Training Act of 2012. (4) AB 1245, which would authorize the EMSA to adopt regulations for the state approval of standards for an emergency medical responder course, as provided.

The committee also discussed how to collect statistics that could be used to justify the importance of lifeguard services, particularly during serious economic times. The committee would like to establish a "standard in the industry" using collected data.

State of California Court Decision:

James Perry et al., Plaintiffs and Appellants v. East Bay Regional Park District et al., Defendants and Respondents. The opinion of the court establishes new points of law relevant to lifeguards and agencies providing lifeguard services including: (1) A swim fee charged for lifeguarded swimming does not "carry over" to hazardous recreational activity ... since that would defeat the intent of the statute. (2) A lifeguard at a public entity lake has the discretion to go off-duty without clearing the lake as long as he or she takes reasonable precautions to warn patrons of that fact. Click here to view the court proceedings.

Bills and Proposed Legislation:

The following listings are not meant to be comprehensive. Additional items of interest can be brought to the attention of the California Surf Lifesaving Association by clicking
HERE.

    PROPOSED LEGISLATION

CODE NUMBER CONTENTS
Labor S.B. 773 An act to amend Section 3212.11 of the Labor Code, relating to workers’ compensation. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted. The presumption is extended to a lifeguard following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. This bill would make technical, nonsubstantive changes to those provisions. Last action date 3/11/13. Go to www.leginfo.ca.gov/ to see complete proposal. (SB 773) *Status: ACTIVE. Referred to Committee on RLS.
Health and Safety A.B. 1245 An Act to add Section 1797.119 to the Health and Safety Code, relating to emergency medical services. This bill would authorize the EMSA to adopt regulations for the state approval of standards for an emergency medical responder course, as provided. This bill does not prohibit the Dept. of CA Highway Patrol, Cal-Fire, or any other public agency that provides training from administering programs or prohibit personnel from providing services that were subject of these programs existed on Jan. 1, 2011. Last amended date 7/11/11. Last Action: 9/8/11. Go to www.leginfo.ca.gov/ to see complete proposal. (AB 1245) *Status: INACTIVE. Died at Desk 11/30/12

Proposed California legislation is listed by House number (starting with AB for Assembly or SB for Senate). While an effort is made to keep the site current with the latest version, interested parties are encouraged to review the actual legislation on-line by going to the official site for California legislative information at www.leginfo.ca.gov/. Click on the Bill Information button, enter the bill number and then press search. One can also enter keywords, such as lifeguards, lifesaving, and press search.
    CALIFORNIA LAWS
CODE NUMBER CONTENTS
Business and Professions Section
25620
Amends Section 25620 relating to alcoholic beverages. Prohibits the possession of an open container in an area or unit of a state park if park has posted an order.
Fish and Game Section
9002
(d) (1)
"...Publicly employed safety personnel, including, but not limited to, lifeguards, marine safety officers, harbor patrol officers, and peace officers, who, while engaged in the performance of their official duties, may remove a trap, buoy, or line located in or near breaking surf or adjacent to a public beach if they believe that the trap poses a public safety hazard. If any of those persons remove a trap, a buoy, or a trap or buoy line, any captured marine life shall be immediately returned to the ocean." (continues with attempt to notify person)
Government Section
831.7
Added self-contained underwater breathing apparatus (SCUBA) diving to hazardous activities. Public entities and public employees are generally not liable to any person who participates in various hazardous recreational activities, including kayaking, surfing, waterskiing, windsurfing, etc..
Government Section
53153.5.
False police reports causing emergency responses by public agencies. Liability and compensation are specific.
Government Section
830
Public property - employee liability, accidents and injury, public access, natural conditions, public easements and accesses, etc.
Government Section
831.21
(a)
Explains in detail, provisions of this section, including public beaches and natural conditions and the absence of lifeguards therein.
Government Section
831.7
(a)
Defines "hazardous recreational activity" and the liability thereof when lifeguards are not provided and warning has been given.
Government Section
20390
Defines "state peace officer/firefighter member", which includes lifeguards.
Government Section
20420
Defines "local safety member"...which includes lifeguards and lifesaving services.
Government Section
31450
References the "County Employees Retirement Law of 1937, including provisions for employees who become incapacitated by age or long service. Employees are entitled to retirement compensation, death benefit, pension, annuity, or allowance according to the limitations as so described in this section.
Government Section
31470.6
(a)
In a county with a population in excess of 500,000, its permanent employees as defined in this section (includes lifeguards) are hereby classified as employees whose principal duties consist in "active law enforcement", except for the director, asst. director, and deputy director of beaches (unless they previously were included within the classification).
Harbors and Navigation Section
523
This bill revises provisions regarding the authorization of the State Lands Commission to remove unattended vessels that obstruct traffic or create a hazard to other vessels or property by allowing the Commission to take immediate action, without notice, to remove vessels and expand the circumstances in which that authority may be exercised. (SB 595)
Harbors and Navigation Section
525/526
Amends code relating to abandoned vessels on public waterway or public/private property.
Harbors and Navigation Section
675
This bill would add an additional fee to the required registration fee for vessels. All funds from this fee will be used for eradicating the dreissenid mussel. (AB 2443) Adds Article 1.3 (commencing with Section 675) to Chapter 5 of Division 3.      NEW LAW !
Health and Safety Section
1797.117
Provision by state of an EMT centralized registry system, available to the public,with the authority required to submit electronic fingerprints to the Dept. of Justice. (AB 2917)
Health and Safety Section
1797.270
Each county in the state shall establish an emergency medical care committee, under the county board of supervisors, that will review operations, including emergency medical care and programs of lifesaving first aid techniques, and compile an annual report for the Board and the local EMS agency.
Health and Safety Section
1797.5
"...local governments, agencies and other organizations shall be encouraged to offer training to assist others at the scene of a medical emergency and to offer training in CPR and lifesaving first aid..."
Health and Safety Section
116025
Defines public swimming pools and the lifeguard services for public pools, along with requirements for personnel responsible for public safety for such pools, and posting of signs if lifeguard service is not provided.
Labor Section
3212.11
References compensation awarded for skin cancer injury, including full hospital, surgical, and medical treatment, disability indemnity, and death benefits to active lifeguards who are employed for more than three consecutive months in a calendar year.
Labor Section
4850
Provides the right to a "leave of absence" for PERS, LA City ERS, or County Employees Retirement Law of 1937....if disabled by injury or illness during performance of duties...without loss of salary in lieu of temporary disability payments or maintenance allowance payments for period not to exceed one year or until earlier date of retirement or permanent disability pension. Includes lifeguards employed year round on a regular, full-time basis by a county of first class.
Labor Section
4856
(a)
References death on duty and the employer's responsibility to provide health benefits to the surviving spouse or minor dependents.
Penal Sections
241, 243
This bill expands the scope of the crime of assault against specified public safety officers to include search and rescue members, as defined, while engaged in the performance of their duties, as specified. (SB 390)
Penal Section
409.3
References the scene of an accident and the management. Authority for patient care management shall be determined in accordance with Section 1798.6 of the Health and Safety code.
Penal Section
409.5
(a)
Provides that law and peace officers, including any publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of his/her official duties, may close an area where a menace (ex.-flood, storm, fire, earthquake, etc.) exists for the duration thereof and prevent persons not authorized by the lifeguard or officer to enter the area. The local health officer may close the area where the menace exists if the calamity creates an immediate menace to public health. Also includes the charge of misdemeanor to anyone, including news service reps, radio or tv networks, who knowlingly enters a closed area.
Public Resources Section
5001
Defines the Dept. of Parks and Recreation and its control of the state park system and includes definitions and operations of the parks and beaches in state areas.
Public Resources Section
5080.42
This bill authorizes the Department of Parks & Recreation (DPR) to enter into operating agreements with qualified nonprofit organizations to operate a state park unit. (AB 42)
Vehicle Section
30
References red lights and sirens on vehicles engaged in police, fire and lifesaving services.
Vehicle Section
165
Defines an emergency vehicle, including lifeguard or lifesaving equipment.
Vehicle Section
165.5
Provides that a rescue team, in resuscitating any person...no act or omission, when operating in conjunction with an emergency vehicle, shall impose any liability upon the rescue team.
Vehicle Section
2400
References the operation of emergency vehicles.
Vehicle Section
2416
(a)
Defines emergency vehicle permits for fire or law enforcement or for immediate preservation of life or property or for apprehension of law violators, including lifesaving equipment, and includes the requirement that such vehicles display a sign or lettering.
Vehicle Section
2418.5
..and such vehicles shall be equipped with a resuscitator.
Vehicle Section
9853, 9860, 9863
This bill would add an additional fee to the required registration fee for vessels. All funds from this fee will be used for eradicating the dreissenid mussel. ( AB 2443)     NEW LAW !

This is not a list of laws to be used for the purpose of law enforcement but rather for the operation of lifesaving entities. These excerpts from the various California Codes are placed here for ease of reference. While every effort is made to insure accuracy, the reader is directed to the web site www.leginfo.ca.gov/ for the actual text of the statutes. Click on the California Law button and then input the appropriate Code. One can also input keywords, such as lifeguards, lifesaving.