BILL NUMBER: SB 1075	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Knight
   (Coauthors: Senators Gaines, Huff, and Nielsen)

                        FEBRUARY 19, 2014

   An act to add Section 707.1 to the Public Resources Code, relating
to the Department of Forestry and Fire Protection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1075, as amended, Knight. Department of Forestry and Fire
Protection: civil cost recovery.
   Existing law requires a person, who, among other things,
negligently, or in violation of the law, sets a fire, allows a fire
to be set, or allows a fire to escape onto any public or private
property, to be liable for fire suppression costs incurred in
fighting the fire and for rescue or emergency medical services.
Existing law authorizes public agencies participating in the fire
suppression, rescue, or emergency medical services to designate one
or more agencies to bring an action to recover the costs incurred by
all the participating agencies. Among other things, the Department of
Forestry and Fire Protection is responsible for providing fire
protection and prevention. Existing law provides that the General
Fund consists of moneys received into the Treasury and not required
by law to be credited to any other fund.
   This bill would require any moneys recovered by the department in
a civil action described above to be deposited by the department into
the Treasury  to the credit of the General Fund 
 , as provided  .  This provision would apply
retroactively to any moneys recovered and retained by the department
prior to January 1, 2015.   The bill would require the
department to make an annual report to the Legislature regarding any
moneys recovered in a ci   vil action. The bill would
require all moneys in the account in the Special Deposit Fund
entitled "Civil Cost Recovery Investigation Support Account" to be
immediately be transferred to the General Fund. 
   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 707.1 is added to the Public Resources Code, to
read:
   707.1.  (a) Any moneys recovered by the department in a civil
action to recover  state  costs related to fire suppression,
rescue, or emergency medical services pursuant to Section 13009 of
the Health and Safety Code shall be deposited by the department into
the Treasury  to the credit of the General Fund 
 as provided in Section 16305.2 of the Government Code  .

   (b) Subdivision (a) shall also apply to any moneys recovered in a
civil action pursuant to Section 13009 of the Health and Safety Code,
and retained by the department, prior to January 1, 2015. 

   (b) (1) Notwithstanding Section 10231.5 of the Government Code,
the department shall, no later than January 10 of each year, submit a
report to the Legislature regarding any moneys recovered by the
department in a civil action, as described in subdivision (a), in the
prior year. The report shall include, but not be limited to, all of
the following information:  
   (A) Name, date, location, and total costs of the fire, and the
amount of any federal moneys received.  
   (B) Settlement or judgment information including the date and
total value of the settlement or judgment.  
   (C) The amount of the settlement or judgment abated against
expenses whether state or federal, local remittance, or total General
Fund recovery including the abatement of expenses or miscellaneous
revenues.  
   (D) Information specifying whether the settlement, if applicable,
was approved at the unit, region, or headquarters level.  
   (2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
 
   (c) All moneys in the account in the Special Deposit Fund entitled
"Civil Cost Recovery Investigation Support Account" shall be
immediately transferred to the General Fund.