BILL ANALYSIS Ó
AB 896
Page 1
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
AB 896
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