BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 896


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          896 (Wagner)


          As Amended  August 18, 2015


          Majority vote


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          |ASSEMBLY:  | 73-1 | (May 28,      |SENATE: | 40-0 |(August 31,      |
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          Original Committee Reference:  L. GOV.




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


          The Senate amendments: 


          1)Remove a provision that would have allowed counties to seek  
            reimbursement if the need for a search or rescue was caused by  
            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)Specify that, in order for a county to seek reimbursement, the  








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            need for a search or rescue must have been caused by an  
            intentional act in knowing violation of any federal or state  
            law or local ordinance that resulted in a criminal conviction  
            of the person searched for or rescued.


          3)Specify that a county shall not bill a resident more than  
            $12,000 unless the search or rescue was caused by an act  
            described in 2) above, that resulted in a felony conviction of  
            that resident under any federal or state law.




          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  








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            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 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.


            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 an act described above that resulted  
            in a felony conviction of that resident under any federal or  
            state law.  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  








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            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) 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 an intentional act in  
               knowing violation of any federal or state law that results  
               in a felony conviction.


             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.


          5)Previous Legislation.  AB 2151 (Wagner) of 2014 was similar 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  








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               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:  
          0001401