CSLSA Legislation

Legislation

CSLSA Legislative Committee update: (4/09)

The chair updated the BOD on recent legislation action. Because of the economic downturn this year, the California Legislature has been focused on budgetary issues more than passage of bills. Only one proposed bill, AB 166, affects lifeguards. The chair also stressed the importance of the Daily Lifeguard Patrol Log and Annual Lifeguard Statistics forms (provided by the Legislation committee for all agencies) for assisting our members in the collection of statistics. It can be found on the CSLSA website under the menu topic "Statistics".

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
Harbors and Navigation	A.B. 166	An act to amend Sections 525 and 526 of, and to add and repeal Section 526.1 of, the Harbors and Navigation Code, relating to abandoned vessels. This bill would increase the minimum fine to $1,000 for a person to abandon a vessel upon a public waterway or public or private property. This bill would prohibit the state from assuming liability for any injuries or damages to a person or entity, public or private, connected to or resulting from the processing or disposal of a surrendered vessel. This bill would require the Dept. of Boating/Waterways to track the number of surrendered vessels accepted by a public agency that uses grant funds and to track the total amount of expenditure from that fund. Requires the department to report the data to the Assembly and Senate Committees on Transportation with recommendations for revision or continuing as usual. Analysis of AB166 (click here) Last Historical Action Date: 6/11/2009(click here) Go to www.leginfo.ca.gov/ to see complete proposal. (AB 941) *Status: Referred to Coms on N.R. & W. and JUD. Committee Location: Senate Natural Resources and Water. .
Health and Safety	A.B. 2917	An act to amend Sections 1798.201, 1797.101, 1797.170, and 1798.200 and to add Sections 1797.61, 1797.117, 1797.118, and 1797.184 of the Health and Safety Code, relating to emergency medical services. This bill would require the Emergency Medical Services Authority (EMSA) to establish a statewide emergency medical technician (EMT) registry and develop standards, guidelines, and regulations for certification of specified EMTs. Establishes rules for EMT certification and discipline, and for investigation of conduct which threatens public health and safety, as defined. Contains an urgency clause, allowing this bill to take effect immediately upon enactment. Note: This bill supplants or amends previous legislation - AB 941, SB 583, SB 254, AB 1086, SB 1811, and AB 2554. Analysis of AB2917 (click here) Opinion article from Monterey County Herald (click here) Last amended date 08/13/2008 (click here) Go to www.leginfo.ca.gov/ to see complete proposal. (AB 2917). *Status: Amended, passed, approved by Governor, and Chaptered by Secretary of State (9/29/08), Chapter 274, Statutes of 2008.
Harbors and Navigation	A.B. 2110	An act to add and repeal Article 1.3 (commencing with Section 675) of Chapter 5 of Division 3 of the Harbors and Navigation Code, relating to vessels. This bill would require the operator of a vessel to obtain a vessel operator card from the Department of Boating and Waterways (DBW). Specifically, this bill: 1) Requires DBW, on or before December 31, 2010, to develop a vessel operator card and a rental vessel operator card and to issue a vessel operator card to any person who provides proof that he or she has passed a DWB-approved vessel operator examination or a vessel operator course that includes a DBW-approved test. Analysis of AB2110 (click here) Last amended date 4/22/08 (click here) Go to www.leginfo.ca.gov/ to see complete proposal. (AB 2110) *Status: In committee: Set, second hearing. Held under submission 5/22/08.
Business and Professions	A.B. 2426	An act to amend Section 25620 of the Business and Professions Code, relating to alcoholic beverages. This bill would also prohibit, as an infraction, the possession of an open container of an alcoholic beverage in an area or unit of a state park if the district superintendent of the state park system unit or area has posted an order, in accordance with state park regulations, that prohibits the consumption of alcoholic beverages in those areas, except as specified. Analysis of AB2426 (click here) Last amended date 7/02/2008 (click here) Go to www.leginfo.ca.gov/ to see complete proposal. (AB 2426) *Status: Amended, passed, enrolled (8/27), approved by Governor and Chaptered by Secretary of State (9/27/08), Chapter 461, Statutes of 2008.
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
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 53153.5.	False police reports causing emergency responses by public agencies. Liability and compensation are specific. NEW LAW !
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).
Health and Safety	Section 1797	Provision by state of emergency medical services, including the development of EMT-P, EMT-I, EMT-II. This section includes their definitions.
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	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.
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.
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.