Bill Text: CA AB896 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Counties: search or rescue: costs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 436, Statutes of 2015. [AB896 Detail]

Download: California-2015-AB896-Introduced.html

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BILL NUMBER: AB 896	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 26, 2015

   An act to add Sections 26614.6 and 26614.7 to the Government Code,
relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 896, as introduced, Wagner. Counties: search or rescue: costs.
   Existing law provides that persons whose specified actions cause
an incident resulting in an appropriate emergency response are liable
for the expenses of an emergency response by a public agency to the
incident, up to $12,000 per incident.
   Existing law provides that the board of supervisors of a county
may authorize the sheriff to search for and rescue persons, and that
the expenses incurred by the sheriff in the performance of those
duties are a proper county charge. Existing law also requires the
county or city and county of residence of a person, searched for or
rescued by a sheriff, to pay to the county or city and county
conducting the search or rescue all of the reasonable search or
rescue expenses in excess of $100 within 30 days after the submission
of a reimbursement claim.
   This bill, notwithstanding the existing provisions relating to
liability for specified emergency response expenses, would provide
that whenever a county or city and county either receives a
reimbursement claim from another county or city and county for a
search or rescue, or conducts its own search or rescue, of one of its
residents who is 16 years of age or older, the county or city and
county may in turn seek reimbursement for the actual costs incurred
from that resident, if the need for the search or rescue necessitated
the use of extraordinary methods and was caused by specified acts or
omissions. The bill would require the resident to pay within 30 days
after being billed. This bill would prohibit the county or city and
county from collecting reimbursement from persons whom the county or
city and county determines are unable to pay the charges. The bill
would prohibit a county or city and county from billing a resident
more than $12,000, adjusted annually for inflation as determined by
the Department of Industrial Relations, for a search or rescue,
unless the search or rescue is the result of a criminal violation
punishable as a felony. This bill would provide that the county or
city and county may only seek reimbursement if the board of
supervisors of that county or city and county passes an ordinance
consistent with this bill.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 26614.6 is added to the Government Code, to
read:
   26614.6.  (a) Notwithstanding Article 8 (commencing with Section
53150) of Chapter 1 of Part 1 of Division 2 of Title 5, whenever a
county or city and county is billed for a search or rescue of one of
its residents who is 16 years of age or older by another county or
city and county, the county or city and county receiving the bill may
in turn seek reimbursement for the actual costs incurred, including,
but not limited to, the cost of operating vehicles or aircraft, the
salaries of employees, and the cost of providing emergency medical
services, from that resident if the need for the search or rescue
necessitated the use of extraordinary methods and was caused by any
of the following:
   (1) Any intentional act in knowing violation of any federal or
state law or local ordinance.
   (2) Any act or omission by the person searched for or rescued that
shows wanton and reckless misconduct in disregard for his or her
safety.
   (b) (1) The county or city and county shall not collect charges
from those persons whom the county or city and county determines are
unable to pay the charges.
   (2) A county or city and county shall not bill a resident under
this section more than twelve thousand dollars ($12,000), adjusted
annually for inflation as measured by the percentage change in the
California Consumer Price Index from January 1 of the prior year to
January 1 of the current year, as determined by the Department of
Industrial Relations, for a search or rescue unless the search or
rescue was caused by a criminal violation of any federal or state law
punishable as a felony.
   (c) The county or city and county may only seek reimbursement as
authorized by this section if the board of supervisors of that county
or city and county passes an ordinance consistent with this section.

  SEC. 2.  Section 26614.7 is added to the Government Code, to read:
   26614.7.  (a) Notwithstanding Article 8 (commencing with Section
53150) of Chapter 1 of Part 1 of Division 2 of Title 5, when a person
16 years of age or older who is a resident of a county or city and
county that conducts a search or rescue of that person, that person
shall pay the county or city and county conducting the search or
rescue for the actual cost incurred for the search or rescue,
including, but not limited to, the cost of operating vehicles or
aircraft, the salaries of employees, and the cost of providing
emergency medical services, within 30 days after being billed for
those charges if the need for the search or rescue necessitated the
use of extraordinary methods and was caused by any of the following:
   (1) Any intentional act in knowing violation of any federal or
state law or local ordinance.
   (2) Any act or omission by the person searched for or rescued that
shows wanton and reckless misconduct in disregard for his or her
safety.
   (b) (1) The county or city and county shall not collect charges
from those persons whom the county or city and county determines are
unable to pay the charges.
   (2) A county or city and county shall not bill a resident under
this section more than twelve thousand dollars ($12,000), adjusted
annually for inflation as measured by the percentage change in the
California Consumer Price Index from January 1 of the prior year to
January 1 of the current year, as determined by the Department of
Industrial Relations, for a search or rescue unless the search or
rescue was caused by a criminal violation of any federal or state law
punishable as a felony.
   (c) The county or city and county may only seek reimbursement as
authorized by this section if the board of supervisors of that county
or city and county passes an ordinance consistent with this section.