Existing law reserves the use of a distinctive blue light to law enforcement vessels. Existing law authorizes the blue light to be displayed during the day or night when the vessel is engaged in direct law enforcement activities as specified. Existing law prohibits the display of this blue light on vessels for other purposes. Existing law requires vessels approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light to immediately slow to a speed sufficient to maintain steerage, alter course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed unless directed otherwise. Existing law requires the operator of a cable ferry to take whatever reasonable action is necessary to provide a clear course for a law enforcement vessel operating with a siren or an illuminated blue light. Existing law makes the violation of these provisions an infraction, punishable by a fine.

This bill would reserve the use of this distinctive blue light to public safety vessels, defined to include law enforcement, fire department, or fire protection district vessels, that are engaged in direct law enforcement activities, or public safety activities conducted by a fire department or fire protection district, as provided. By expanding the law to cover fire department and fire protection district vessels, the bill would expand the scope of a crime, thereby creating 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law reserves the use of a distinctive blue light to law enforcement vessels. Existing law authorizes the blue light to be displayed during the day or night when the vessel is engaged in direct law enforcement activities as specified. Existing law prohibits the display of this blue light on vessels for other purposes. Existing law requires vessels approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light to immediately slow to a speed sufficient to maintain steerage, alter course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed unless directed otherwise. Existing law requires the operator of a cable ferry to take whatever reasonable action is necessary to provide a clear course for a law enforcement vessel operating with a siren or an illuminated blue light. Existing law makes the violation of these provisions an infraction, punishable by a fine.

This bill would reserve the use of this distinctive blue light to public safety vessels, defined to include law enforcement, fire department, or fire protection district vessels, that are engaged in direct law enforcement activities, or public safety activities conducted by a fire department or fire protection district, as provided. By expanding the law to cover fire department and fire protection district vessels, the bill would expand the scope of a crime, thereby creating 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law reserves the use of a distinctive blue light to law enforcement vessels. Existing law authorizes the blue light to be displayed during the day or night when the vessel is engaged in direct law enforcement activities as specified. Existing law prohibits the display of this blue light on vessels for other purposes. Existing law requires vessels approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light to immediately slow to a speed sufficient to maintain steerage, alter course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed unless directed otherwise. Existing law requires the operator of a cable ferry to take whatever reasonable action is necessary to provide a clear course for a law enforcement vessel operating with a siren or an illuminated blue light. Existing law makes the violation of these provisions an infraction, punishable by a fine.

This bill would reserve the use of this distinctive blue light to public safety vessels, defined to include law enforcement vessels or fire department enforcement, fire department, or fire protection district vessels, that are engaged in direct law enforcement activities, or public safety activities conducted by a fire department, department or fire protection district, as provided. By expanding the law to cover fire department and fire protection district vessels, the bill would expand the scope of a crime, thereby creating 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law reserves the use of a distinctive blue light to law enforcement vessels. Existing law authorizes the blue light to be displayed during the day or night when the vessel is engaged in direct law enforcement activities as specified. Existing law prohibits the display of this blue light on vessels for other purposes. Existing law requires vessels approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light to immediately slow to a speed sufficient to maintain steerage, alter course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed unless directed otherwise. Existing law requires the operator of a cable ferry to take whatever reasonable action is necessary to provide a clear course for a law enforcement vessel operating with a siren or an illuminated blue light. Existing law makes the violation of these provisions an infraction, punishable by a fine.

This bill would reserve the use of this distinctive blue light to public safety vessels, defined to include law enforcement vessels or fire department vessels, that are engaged in direct law enforcement activities, or public safety activities conducted by a fire department, as provided. By expanding the law to cover fire department vessels, the bill would expand the scope of a crime, thereby creating 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

 CONSENT  

Bill No: AB 78

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/13/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/20/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill expands the definition of vessels that are eligible to use distinctive blue lights to include vessels from a fire department or a fire protection district while engaged in public safety actives.

ANALYSIS:

Existing law:

1. Provides that the use of a distinctive blue light, as prescribed by the department, is reserved for law enforcement vessels and may be displayed during the day or night when the vessel is engaged in direct law enforcement activities, as specified. (Harb. & Nav. Code, § 652.5 subd. (a).)
2. Prohibits the display of such lights on vessels for other purposes. (Harb. & Nav. Code, § 652.5 subd. (c).)
3. Requires that any vessel approaching, overtaking, being approach, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light, or any vessel approaching a stationary law enforcement vessel displaying an illuminated blue light, to immediately slow to a speed sufficient to maintain steerage only, alter its course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed until beyond the area of operation of the law enforcement vessel, unless otherwise directed by the operator of the law enforcement vessel. (Harb. & Nav. Code,§652.5 subd. (d).)
4. Requires the operator of every cable ferry to take whatever reasonable action necessary to provide a clear course for any law enforcement vessel operating with a siren or an illuminated blue light, or both. (Harb. & Nav. Code, § 652.5 subd. (e).)
5. Provides that a person found guilty of a misdemeanor violation of any regulation adopted by the department pursuant to this section, shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail no to exceed six months, or both fine and imprisonment. (Harb. & Nav. Code, § 652 subd. (e).)

This bill expands the definition of vessels eligible to use distinctive blue to include vessels from a fire department and a fire protection district while engaged in public safety activities.

Background

According to the author:

Currently the Harbors and Navigation Code (section 652.2) authorizes the use of “blue” lights on law enforcement vessels only. The use of blue lights on emergency vessels indicates to civilian boaters to yield the right-of-way and/or to slow down as to not create a hazard or unnecessary wakes. They do not mean by themselves to stop and succumb to police actions. Fire Departments also work the California waterways and are responsible for public safety responses to include extinguishing boat, structure and bank fires, emergency response and rescue, dead body recovery, medical response and staffing public waterway events.

Current law does not allow fire to equip or use blue lights while they are engaged in a public safety capacity or response. This continues to cause difficulties in that fire department vessels cannot respond in the most expedient manner to water way emergencies. Furthermore, when their vessels are stationary at incidents such as fires, search or rescue operations or body recoveries boaters do not use caution when passing or approaching fire vessels. Many fire departments call for mutual aid from law enforcement vessels merely to “standby” with blue lights activated while fire department personnel provide emergency public safety services. This costs time for fire department vessels to wait for law enforcement response and also creates an unnecessary manpower drain because it requires the services of two public safety entities when one would suffice.

AB 78 would fix this problem by allowing fire departments to equip their vessels with blue lights and to use them only for public safety responses on the waterways.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/26/17)

California Fire Chiefs Association

California Special Districts Association

California State Firefighters Association

California State Sheriffs’ Association

Fire District Associations of California

Recreational Boaters Association of California

OPPOSITION: (Verified 6/27/17)

None received

ARGUMENTS IN SUPPORT: According to the California State Firefighters’ Association:

The California State Firefighters’ Association (CSFA), the oldest and largest firefighter association in the state, representing over 17,000 firefighters and EMS personnel is proud to support your AB 78…

This is a simple bill that would provide consistency in law enforcement by allowing fire departments to have blue warning lights on their department vehicles, much the way that other law enforcement vehicles have. This bill would help clear the confusion among law enforcement units because the fact of the matter is that many fire departments have maintained blue lights on their law enforcement vehicles for many years.

ASSEMBLY FLOOR: 74-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Choi, Gallagher, Mathis, Patterson, Ridley-Thomas

Prepared by:

6/28/17 14:37:27

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 78 Hearing Date: June 13, 2017

Subject: Vessels: Operation and Equipment: Blue Lights

HISTORY

Source: Author

Prior Legislation: AB 2224 (Achadjian) Held in Assembly Public Safety 2015

AB 1385 (Miller) Voted by Governor 2010

AB 2215 (Nakanishi) Held in Assembly Public Safety 2003

Support: California Special Districts Association; California State Firefighters Association; California Fire Chiefs Association; California State Sheriffs’ Association; Fire District Associations of California; Recreational Boaters Association of California

Opposition: None known

Assembly Floor Vote: 74 - 0

PURPOSE

The purpose of this bill is to expand the definition of vessels that are eligible to use distinctive blue lights include vessels from a fire department or a fire protection district.

Existing law provides that the use of a distinctive blue light, as prescribed by the department, is reserved for law enforcement vessels and may be displayed during the day or night when the vessel is engaged in direct law enforcement activities, as specified. (Harb. & Nav. Cdoe, § 652.5 subd. (a).)

Existing law prohibits the display of such lights on vessels for other purposes. (Harb. & Nav. Cdoe, § 652.5 subd. (c).)

Existing law requires that any vessel approaching, overtaking, being approach, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light, or any vessel approaching a stationary law enforcement vessel displaying an illuminated blue light, to immediately slow to a speed sufficient to maintain steerage only, alter its course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed until beyond the area of operation of the law enforcement vessel, unless otherwise directed by the operator of the law enforcement vessel. (Harb. & Nav. Cdoe,§652.5 subd. (d).)

Existing law requires the operator of every cable ferry to take whatever reasonable action necessary to provide a clear course for any law enforcement vessel operating with a siren or an illuminated blue light, or both. (Harb. & Nav. Code, § 652.5 subd. (e).)

Existing law provides that a person found guilty of a misdemeanor violation of any regulation adopted by the department pursuant to this section, shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail no to exceed six months, or both fine and imprisonment. (Harb. & Nav. Code, § 652 subd. (e).)

This bill expands the definition of vessels eligible to use distinctive blue to include vessels from a fire department and a fire protection district while engaged in public safety activities.

This bill states that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution.

COMMENTS

1. Need for This Bill

According to the author:

Currently the Harbors and Navigation Code (section 652.2) authorizes the use of “blue” lights on law enforcement vessels only. The use of blue lights on emergency vessels indicates to civilian boaters to yield the right-of-way and/or to slow down as to not create a hazard or unnecessary wakes. They do not mean by themselves to stop and succumb to police actions. Fire Departments also work the California waterways and are responsible for public safety responses to include extinguishing boat, structure and bank fires, emergency response and rescue, dead body recovery, medical response and staffing public waterway events.

Current law does not allow fire to equip or use blue lights while they are engaged in a public safety capacity or response. This continues to cause difficulties in that fire department vessels cannot respond in the most expedient manner to water way emergencies. Furthermore, when their vessels are stationary at incidents such as fires, search or rescue operations or body recoveries boaters do not use caution when passing or approaching fire vessels. Many fire departments call for mutual aid from law enforcement vessels merely to “standby” with blue lights activated while fire department personnel provide emergency public safety services. This costs time for fire department vessels to wait for law enforcement response and also creates an unnecessary manpower drain because it requires the services of two public safety entities when one would suffice.

AB 78 would fix this problem by allowing fire departments to equip their vessels with blue lights and to use them only for public safety responses on the waterways.

2. Effect of This Bill

Distinctive blue lights from an incoming vessel prompt individuals operating a vessel to slow down and yield to the incoming vessel. Existing law limits the use of these blue lights to law enforcement vessels.

This bill would allow vessels from fire departments or fire protection districts to use distinctive blue lights while engaged in public safety activities.

3. Argument in Support

According to the California State Firefighters’ Association:

The California State Firefighters’ Association (CSFA), the oldest and largest firefighter association in the state, representing over 17,000 firefighters and EMS personnel is proud to support your AB 78…

This is a simple bill that would provide consistency in law enforcement by allowing fire departments to have blue warning lights on their department vehicles, much the way that other law enforcement vehicles have. This bill would help clear the confusion among law enforcement units because the fact of the matter is that many fire departments have maintained blue lights on their law enforcement vehicles for many years.

– END –

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 78

Author:(Cooper) – As Amended Ver:March 13, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill expands the allowed use of a distinctive blue light on public safety vessels to include vessels owned by fire departments or fire protection districts whenever the vessel may be engaged in law enforcement activities.

FISCAL EFFECT:

Any cost to local agencies that opt to retrofit their vessels with blue lights would not be reimbursable costs because this bill does not require the retrofit.

This bill may result in additional revenue from fines and penalties on boaters who do not yield to fire department or fire protection district safety vessels flashing blue lights.

COMMENTS:

Purpose/Background. The California State Sheriffs’ Association states, “Existing statute authorizes the use of blue emergency lights by law enforcement to patrol lakes and inland waterways for the purpose of maintaining public safety and responding to emergencies. However, existing law does not allow local or state fire agencies to equip their vessels with emergency blue lights, even though, as first responders, fire departments are required to respond to emergencies such as search and rescue and medical calls for service.”

According to the author, “AB 78 will greatly improve department vessels response time and fire department personnel safety when they are stationary and engaged in a variety of public safety activities.”

Analysis Prepared by: Pedro Reyes / APPR. / 916-319-2081

Date of Hearing: February 28, 2017

Consultant: Adam Smith

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:January 4, 2017

SUMMARY: Expands the allowed use of a distinctive blue light on vessels to include fire department vessels. Specifically, this bill:

1. Reserves the use of a distinctive blue light for public safety vessels whenever the vessel is engaged in law enforcement or public safety activities, as specified.
2. Defines “public safety vessel” as “either a law enforcement vessel or a fire department vessel.”

EXISTING LAW:

1. Reserves the use of a distinctive blue light, as prescribed by the department, for law enforcement vessels engaged in direct law enforcement activities, as specified. (Harb. & Nav. Code, § 652.5, subd. (a).)
   
2. Prohibits the display of such lights on vessels for other purposes. (Harb. & Nav. Code, § 652.5, subd. (c).)
   
3. Requires that a vessel approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated blue light, or any vessel approaching a stationary law enforcement vessel displaying an illuminated blue light, to immediately slow to a speed sufficient to maintain steerage only, alter its course so as not to inhibit or interfere with the operation of the law enforcement vessel, and proceed at the reduced speed unless otherwise directed. (Harb. & Nav. Code, § 652.5, subd. (d).)
   
4. Requires the operator of every cable ferry to take whatever reasonable action is necessary to provide a clear course for any law enforcement vessel operating with a siren or an illuminated blue light, or both. (Harb. & Nav. Code, § 652.5, subd. (e).)
   
5. Provides that a person found guilty of a misdemeanor violation of any regulation adopted by the department pursuant to this section, shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail not to exceed six months, or both that fine and imprisonment. (Harb. & Nav. Code, § 652, subd. (e).)
   

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, “Under current law fire department vessels are not authorized to equip or use blue lights during an emergency response or operation. Blue lights on vessels simply indicate to civilian boaters to yield the right of way or slow down while passing. Fire departments have a wide range of public safety responsibilities on the water, including fighting boat, structure and bank fires; search and rescue; body recovery and other dive operations; and medical response. AB 78 will greatly improve department vessels response time and fire department personnel safety when they are stationary and engaged in a variety of public safety activities.”
2. Significance of Lights on Land and Water: Expansion of the permitted use of blue warning lights has been limited in the vehicle code due to the availability of alternative lights and the lack of a legal requirement to comply with blue warning lights. (Assem. Com. on Transportation, Off. of Assem. Floor Analysis, Rep. on Assem. Bill No. 1385 (2009-2010 Reg. Sess.) September 17, 2010.) However, the Harbor and Navigation code has distinct requirements for compliance with blue warning lights and the code provides a different significance for blue lights. (Harb. & Nav. Code, §652.5, subd. (d).) Therefore, expansion of the permitted use of blue warning lights in the Harbor and Navigation Code should be distinguished from the concerns related to expansion of blue lights on land-based emergency vehicles.
3. Argument in Support: The California State Sheriffs’ Association states, “Existing statute authorizes the use of blue emergency lights by law enforcement to patrol lakes and inland waterways for the purpose of maintaining public safety and responding to emergencies. However, existing law does not allow local or state fire agencies to equip their vessels with emergency blue lights, even though, as first responders, fire departments are required to respond to emergencies such as search and rescue and medical calls for service.”
4. Prior Legislation:
   1. AB 2224 (Achadijan), of the 2015-2016 Legislative Session, would have allowed probation officers to use a blue warning light on their emergency vehicles, as specified. AB 2224 died in the Assembly Public Safety Committee.
   2. AB 1385 (Miller), of the 2009-2010 Legislative Session, would have allowed certain peace officers within fire departments to operate a blue warning light on their emergency vehicles. AB 1385 was vetoed by the Governor.
   3. AB 2215 (Nakanishi), of the 2003-2004 Legislative Session, would have permitted additional peace officers to operate a vehicle using blue warning lights. AB 2215 was held in the Assembly Public Safety Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs’ Association

Opposition

None

Analysis Prepared by: