BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 896


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          Date of Hearing:  April 8, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 896  
          (Wagner) - As Introduced February 26, 2015


          SUBJECT:  Counties:  search or rescue:  costs.


          SUMMARY:  Allows counties to seek reimbursement from residents  
          age 16 or older for search or rescue costs under specified  
          conditions.  Specifically, this bill:  


          1)Provides that, 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:

             a)   Any intentional act in knowing violation of any federal  
               or state law or local ordinance; or,

             b)   Any act or omission by the person searched for or  
               rescued that shows wanton and reckless misconduct in  
               disregard for his or her safety.








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          2)Prohibits the county or city and county from collecting  
            charges from those persons whom the county or city and county  
            determines are unable to pay the charges.

          3)Prohibits a county or city and county from billing a resident  
            more than $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.

          4)Provides that, when a person 16 years of age or older living  
            within 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 pursuant to 1), above.

          5)Provides that a county or a city and county must adopt an  
            ordinance in order to exercise this bill's authority to seek  
            reimbursement for search or rescue costs, as specified above. 

          EXISTING LAW:  


          1)Provides that a county board of supervisors may authorize the  
            sheriff to search for and rescue persons who are lost or are  
            in danger of their lives within or in the immediate vicinity  
            of the county, and that the consequent expense incurred by the  
            sheriff is a proper county charge.











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          2)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, as specified.

          3)Provides that any person whose intentionally wrongful conduct  
            proximately causes an incident resulting in an appropriate  
            emergency response is liable for the expenses of an emergency  
            response by a public agency, up to $12,000 per incident.   
            "Intentionally wrongful conduct" means conduct intended to  
            injure another person or property.

          4)Provides that any person who is under the influence of an  
            alcoholic beverage or any drug, as specified, whose negligent  
            operation of a motor vehicle, boat or vessel, or civil  
            aircraft proximately causes any incident resulting in an  
            appropriate emergency response is liable for the expense of an  
            emergency response by a public agency to the incident, as  
            specified.

          FISCAL EFFECT:  None


          COMMENTS:  


          1)Bill Summary.  This bill allows counties to seek reimbursement  
            for costs incurred in search or rescue efforts by billing any  
            resident age 16 or older, who must pay within 30 days, if the  
            need for a search for, or rescue of, that person necessitated  
            the use of extraordinary methods and was caused by any of the  
            following:

             a)   Any intentional act in knowing violation of any federal  
               or state law or local ordinance; or,

             b)   Any act or omission by the person searched for or  
               rescued that shows wanton and reckless misconduct in  








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               disregard for his or her safety.

            A county is not allowed to collect charges from a person who  
            the county determines is unable to pay, nor is a county  
            allowed to bill a resident more than $12,000 unless the search  
            or rescue was caused by a criminal violation of any federal or  
            state law punishable as a felony.  A county must adopt an  
            ordinance in order to exercise this bill's authority to seek  
            reimbursement for search or rescue costs.  This bill is  
            sponsored by the author.


          2)Author's Statement.  According to the author, "California law  
            does not allow a county to recover the actual cost of search  
            or rescue of a resident who is 16 years of age or older if the  
            need for the search or rescue of that resident was  
            necessitated by the use of extraordinary methods and if any of  
            the following was a contributing factor to the need for the  
            search or rescue:  1) any act in violation of any federal or  
            state law or local ordinance; or 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."

          3)Background.  In March of 2013, Nicholas Cendoya and Kyndall  
            Jack became lost while hiking in Trabuco Canyon, resulting in  
            an extensive search that cost responding agencies more than  
            $160,000.  For the Orange County agencies, the Orange County  
            Sheriff's Department's costs were $32,273.23; the Orange  
            County Fire Authority's costs were $55,000; and, Orange County  
            Parks' costs were $6,421.  The hikers admitted to being under  
            the influence of drugs when they became disoriented and lost  
            their way.  Methamphetamine was recovered from Cendoya's  
            backpack in a car that the two hikers drove to the location.

            This bill is modeled after former Government Code Sections  
            26614.6 and 26614.7.  Under former Government Code Section  
            26614.6, whenever a county was billed for a search or rescue  
            of one of its residents 16 years of age or older by another  
            county, the county receiving the bill could in turn seek  








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            reimbursement for the actual cost incurred 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; or 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.  


            Under former Government Code Section 26614.7, a county could  
            bill the search and rescue costs, up to $5,000, to a resident  
            16 years of age or older if the need for that resident's  
            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; or 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.  The prior statutes sunset on  
            January 1, 1999.


          4)Policy Considerations.  This bill presents a number of policy  
            considerations:

             a)   Liability Cap.  Existing law limits liability for any  
               person whose intentionally wrongful conduct proximately  
               causes an incident resulting in an appropriate emergency  
               response to $12,000 per incident.  The provisions of prior  
               law this bill seeks to reinstate also contained a cap of  
               $5,000.  This bill contains a limited cap of $12,000, but  
               leaves unrestricted the amount a county can bill for a  
               search or rescue that is caused by a criminal violation of  
               any federal or state law punishable as a felony.

             b)   Age.  This bill would allow charges against anyone age  
               16 and above, with no explanation for this age limit aside  
               from referring to the now-sunsetted provisions of prior  
               law.









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             c)   County Determination.  This bill allows a county to  
               determine whether a person subject to its provisions is  
               able to pay for search or rescue costs, even though the  
               county would have a financial interest in that  
               determination.

             d)   Terminology and Definitions.  The use of the phrase  
               "extraordinary methods" is not defined in this bill or in  
               current law.  This bill also does not specify who would  
               determine: what "extraordinary methods" constitutes; what  
               "wanton and reckless misconduct" encompasses; or, whether a  
               federal or state law or local ordinance has been violated.

          5)Previous Legislation.  AB 2151 (Wagner) of 2014 was nearly  
            identical to this bill.  AB 2151 was vetoed with the following  
            message:

            "While I agree with the author's intent to discourage unlawful  
            actions that can place persons and rescue personnel in danger,  
            this bill contains vague language that may create an incentive  
            for counties to abuse the authority granted by this bill.   
            Current law already allows counties to recover costs for  
            search and rescue through a civil lawsuit if they can prove  
            'gross negligence' on behalf of the rescued individual.  This  
            bill would allow counties to bypass that due process  
            completely and serve an individual with a bill for up to  
            $12,000.  I encourage the author to craft a bill that strikes  
            the right balance between appropriate due process and cost  
            recovery for reckless misconduct."

          6)Arguments in Support.  The California State Sheriffs'  
            Association, in support, states, "Currently, California law  
            does not provide for a county to recover costs from  
            individuals for search and rescue operations that require the  
            use of extraordinary methods and/or extensive search efforts  
            and result in exorbitant costs to responding agencies.  When  
            these efforts are necessitated by a willful act of negligence,  
            misconduct, or disregard for personal safety by a resident,  
            the law should provide recourse for a public agency to collect  








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            on the resources expended."

          7)Arguments in Opposition.  None on file.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          California State Sheriffs' Association


          Rural County Representatives of California




          Opposition


          None on file




          Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958


















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