BILL ANALYSIS
AB 1004
Page 1
Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1004 (Portantino) - As Amended: May 4, 2009
Policy Committee: Local
GovernmentVote:4-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits a public agency from making residency a
determining factor when deciding whether to charge a person or
business for emergency response-related expenses.
FISCAL EFFECT
No direct state costs.
COMMENTS
1)Background . Existing state law specifically authorizes public
agencies to seek reimbursement for the expense of an emergency
response in specified circumstances, such as driving under the
influence and causing an incident that requires the response.
Local governments have passed ordinances authorizing more
expansive reimbursements.
2)Rationale . This bill is intended to require that if localities
decide to charge for such services, the charges apply to
residents and non residents equally and that any such charges
be imposed on the party responsible for the incident requiring
the response.
The author asserts that when an accident occurs, emergency
services dispatchers decide which services to send to the
accident scene and later bill nonresident drivers for the cost
of the emergency services, regardless of fault. City
residents, even those at fault for the accident, are generally
not assessed these fees. The author claims that, in many
cases, these costs are not covered by the driver's auto
AB 1004
Page 2
insurance, leaving the accident victim with a bill, perhaps in
the thousands of dollars.
Additionally, the auto insurance companies indicate that any
additional costs associated with the fees will be passed on to
all motorists.
3)Opponents (including the League of California Cities) claim
the bill is too constraining, and that when cities seek
reimbursement for the costs of emergency response services, it
is not done to boost revenue but rather to cover costs.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081