BILL ANALYSIS Ó
AB 896
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ASSEMBLY THIRD READING
AB
896 (Wagner)
As Introduced February 26, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+--------------------+--------------------|
|Local |7-1 |Maienschein, Chiu, |Gonzalez |
|Government | |Cooley, Gordon, | |
| | |Holden, Linder, | |
| | |Waldron | |
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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
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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.
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 1st of the prior year to January 1st 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.
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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.
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
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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 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: a)
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any act in 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."
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 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: 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.
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: 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. The prior statutes sunsetted
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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.
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.
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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 on the resources
expended."
7)Arguments in Opposition. None on file.
Analysis Prepared by:
Angela Mapp / L. GOV. / (916) 319-3958 FN:
0000122
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