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 26614.6 is added to the Government
2Code, to read:
(a) Notwithstanding Article 8 (commencing with
4Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5,
5whenever a county or city and county is billed for a search or
6rescue of one of its residents who is 16 years of age or older by
7another county or city and county, the county or city and county
8receiving the bill may in turn seek reimbursement for the actual
9costs incurred, including, but not limited to, the cost of operating
10vehicles or aircraft, the salaries of employees, and the cost of
11providing emergency medical services, from that resident if the
12need for the search or rescue necessitated the use of extraordinary
13methods and was caused by any of the following:
14(1) Any intentional act in
knowing violation of any federal or
15state law or local ordinance.
16(2) Any act or omission by the person searched for or rescued
17that shows wanton and reckless misconduct in disregard for his or
18her safety.
19(b) (1) The county or city and county shall not collect charges
20from those persons whom the county or city and county determines
21are unable to pay the charges.
22(2) A county or city and county shall not bill a resident under
23this section more than twelve thousand dollars ($12,000), adjusted
P3 1annually for inflation as measured by the percentage change in the
2California Consumer Price Index from January 1 of the prior year
3to January 1 of the current year, as determined by the Department
4of Industrial Relations, for a search or rescue unless the search or
5rescue was caused by a criminal violation
of any federal or state
6law punishable as a felony.
7(c) The county or city and county may only seek reimbursement
8as authorized by this section if the board of supervisors of that
9county or city and county passes an ordinance consistent with this
10section.
Section 26614.7 is added to the Government Code, to
12read:
(a) Notwithstanding Article 8 (commencing with
14Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5,
15when a person 16 years of age or older who is a resident of a county
16or city and county that conducts a search or rescue of that person,
17that person shall pay the county or city and county conducting the
18search or rescue for the actual cost incurred for the search or rescue,
19including, but not limited to, the cost of operating vehicles or
20aircraft, the salaries of employees, and the cost of providing
21emergency medical services, within 30 days after being billed for
22those charges if the need for the search or rescue necessitated the
23use of extraordinary methods and was caused by any of the
24following:
25(1) Any intentional act in knowing violation of any federal or
26state law or local ordinance.
27(2) Any act or omission by the person searched for or rescued
28that shows wanton and reckless misconduct in disregard for his or
29her safety.
30(b) (1) The county or city and county shall not collect charges
31from those persons whom the county or city and county determines
32are unable to pay the charges.
33(2) A county or city and county shall not bill a resident under
34this section more than twelve thousand dollars ($12,000), adjusted
35annually for inflation as measured by the percentage change in the
36California Consumer Price Index from January 1 of the prior year
37to January 1 of the current year, as determined by the Department
38of Industrial Relations, for a search or rescue unless the search or
39
rescue was caused by a criminal violation of any federal or state
40law punishable as a felony.
P4 1(c) The county or city and county may only seek reimbursement
2as authorized by this section if the board of supervisors of that
3county or city and county passes an ordinance consistent with this
4section.
O
99