BILL NUMBER: AB 1004	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 27, 2009

   An act to add Section 53154.5 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1004, as amended, Portantino. Local government: emergency
response.
   Existing law specifically authorizes a public agency to charge any
person who is under the influence of an alcoholic beverage or drug,
whose negligent operation of a motor vehicle, boat or vessel, or
civil aircraft causes an incident that requires an emergency
response, who makes a false police report, or who intentionally,
knowingly, and willfully enters into an area that is closed to the
public or drives a vehicle on a street or highway that is temporarily
covered by a rise in water level, the reasonable expenses of an
emergency response to the incident.
   This bill would prohibit a public agency from  imposing a
fee or seeking reimbursement for any expense of an emergency response
for any other reason, if the fee or reimbursement is imposed absent
a finding or assessment of fault and is based upon the residence of
the persons involved   making residency a  
determining   factor in determining liability for purposes
of seeking reimbursement for the expenses of any emergency response
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 53154.5 is added to the Government Code, to
read: 
   53154.5.  Except as provided in Sections 53150, 53151, 53152,
53153.5, and 53159, a public agency shall not impose a fee or seek
reimbursement for any expenses of any emergency responseif the fee
imposed or reimbursement sought meets both of the following
conditions:
   (a) Is made absent a finding or assessment of fault.
   (b) Is conditioned upon the residence of the persons involved in
the incident or activity that prompted the emergency response.

    5   3154.5.   A public agency, in making a
determination of liability for purposes of seeking reimbursement for
the expenses of any emergency response, shall not make residency a
determining factor.