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AB-1961 Ocean surf area lifesaving standards.(2003-2004)

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Amended  IN  Assembly  May 12, 2004
Amended  IN  Senate  June 15, 2004
Amended  IN  Senate  July 02, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 1961

Introduced  by  Assembly Member Harman

February 12, 2004

An act to add Article 4 (commencing with Section 116022) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to water public safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 1961, as amended, Harman. Ocean surf area lifesaving standards.
Existing law sets forth the requirements for swimming pool lifeguard services, including, but not limited to, meeting the minimum qualification of possession of a Red Cross advanced lifesaving certificate or a Y.M.C.A. senior lifesaving certificate.
This bill would require a state or local governmental agency that is a provider of lifeguard or marine safety protection intended to prevent the drowning or injury at an ocean surf area, as defined, to meet the standards recommended by the United States Lifesaving Association and would require the Department of Parks and Recreation to maintain a reference copy.
By requiring a local agency to comply with these new requirements, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.

This bill would provide that no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 4 (commencing with Section 116022) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:
Article  4. Ocean Surf Area Lifesaving Standards

116022.
 (a) This article shall be known as the Ocean Surf Area Lifesaving Standards Act.
(b) A state or local governmental agency that is a provider of lifeguard or marine safety protection intended to prevent the drowning or injury of swimmers, surfers, and similar water users at an ocean surf area, shall ensure that its standards, at a minimum, meet those currently recommended by the United States Lifesaving Association as of November 2003. The Department of Parks and Recreation shall maintain a copy of the November 2003, United States Lifesaving Association requirements for use and reference by state and local agencies.
(c) If the state or local governmental agency is currently certified by the United States Lifesaving Association as meeting its recommended ocean surf area lifesaving standards, then it shall be a rebuttable presumption that the agency meets or exceeds the requirements of this section.
(d) As used in this section, “ocean surf area” means the normal high water line of an ocean beach and extending waterward to the extent necessary to provide effective lifeguard services.

SEC. 2.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.