AB 896, as amended, 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 bybegin delete specified acts or omissions.end deletebegin insert an intentional act in knowing violation of any federal or state law or local ordinance that resulted in a criminal conviction of that person for that act.end insert 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 rescuebegin delete is the result of a criminal violation punishable as a felony.end deletebegin insert was caused by an act that resulted in a felony conviction of that resident under federal or state law.end insert 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 bybegin delete any of the following:end delete
14begin delete(1)end deletebegin delete end deletebegin deleteAny end deletebegin insertan end insertintentional act in knowing violation of any federal
15or state law or localbegin delete ordinance.end deletebegin insert ordinance that resulted in a
16criminal conviction of that person for that act.end insert
17(2) Any act or omission by the person searched for or rescued
18that shows wanton and reckless misconduct in disregard for his or
19her safety.
P3 1(b) (1) The county or city and county shall not collect charges
2from those persons whom the county or city and county determines
3are unable to pay the charges.
4(2) A county or city and county shall not bill a resident under
5this section more than twelve thousand dollars ($12,000), adjusted
6annually for inflation as measured by the percentage change in the
7California Consumer Price Index from January 1 of the prior year
8to January 1 of the current year, as determined by the Department
9of Industrial Relations, for a search or rescue unless the search or
10rescue was caused bybegin delete a criminal violation
ofend delete
11subdivision (a) that resulted in a felony conviction of that resident
12underend insert any federal or statebegin delete law punishable as a felony.end deletebegin insert law.end insert
13(c) The county or city and county may only seek reimbursement
14as authorized by this section if the board of supervisors of that
15county or city and county passes an ordinance consistent with this
16section.
Section 26614.7 is added to the Government Code, to
18read:
(a) Notwithstanding Article 8 (commencing with
20Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5,
21when a person 16 years of age or olderbegin delete whoend delete is a resident of a county
22or city and county that conducts a search or rescue of that person,
23that person shall pay the county or city and county conducting the
24search or rescue for the actual cost incurred for the search or rescue,
25including, but not limited to, the cost of operating vehicles or
26aircraft, the salaries of employees, and the cost of providing
27emergency medical services, within 30 days after being billed for
28those charges if the need for the search
or rescue necessitated the
29use of extraordinary methods and was caused bybegin delete any of the
30following:end delete
31begin delete(1)end deletebegin delete end deletebegin deleteAny end deletebegin insertan end insertintentional act in knowing violation of any federal
32or state law or localbegin delete ordinance.end deletebegin insert ordinance that resulted in a
33criminal conviction of that person for that act.end insert
34(2) Any act or omission by the person searched for or rescued
35that shows wanton and reckless misconduct in disregard for his or
36her safety.
37(b) (1) The county or city and county shall not collect charges
38from those persons whom the county or city and county determines
39are unable to pay the charges.
P4 1(2) A county or city and county shall not bill a resident under
2this section more than twelve thousand dollars ($12,000), adjusted
3annually for inflation as measured by the percentage change in the
4California Consumer Price Index from January 1 of the prior year
5to January 1 of the current year, as determined by the Department
6of Industrial Relations, for a search or rescue unless the search or
7
rescue was caused bybegin delete a criminal violation ofend deletebegin insert an act described in
8subdivision (a) that resulted in a felony conviction of that resident
9underend insert any federal or statebegin delete law punishable as a felony.end deletebegin insert law.end insert
10(c) The county or city and county may only seek reimbursement
11as authorized by this section if the board of supervisors of that
12county or city and county passes an ordinance consistent with this
13section.
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