AB 2151, as amended, Wagner. Counties: search and rescue: costs.
Existing law provides that persons whose intentional 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 to the incident, up to $12,000 per incident.
Existing law provides that the board of supervisors of a county may authorize the sheriff to search for and rescue persons, and that the expense incurred by the sheriff in the performance of those duties are a proper county charge. Existing law also 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 after the submission of a claim.
This bill, notwithstanding the existing provisions relating to liability for specified emergency response expenses, would provide that whenever a county or city and county is billed by another county or city and county for, or conducts, a search or rescue of one of its residents who is 16 years of age or older, the county or city and county may in turn seek reimbursement for the actual costs incurred from that resident, if the need for the search or rescue necessitated the use of extraordinary methods and specified acts or omissions were a contributing factor to the need for the search or rescue, and would require the person to pay within 30 days after being billed. This bill would prohibit the county or city and county from collecting charges from those persons who the county or city and county determines are unable to pay the charges.begin insert This bill would provide that the county or city and county may only seek reimbursement if the board of supervisors of that county or city and county passes an ordinance consistent with this bill.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 26614.6 is added to the Government
2Code, to read:
(a) Notwithstanding Article 8 (commencing with
4Section 53150) of Chapter 1 of Part 1begin insert of Division 2 of Title 5end insert,
5whenever a county or city and county is billed for a search or
6rescue of one of its residents who is 16 years of age or older by
7another county or city and county, the county or city and county
8receiving the bill may in turn seek reimbursement for the actual
9costs incurred, including, but not limited to, the cost of operating
10vehicles or aircraft, the salaries of employees, and the cost of
11providing emergency medical services, from that resident if the
12need for the search or rescue necessitated the use of extraordinary
13methods and
any of the following was a contributing factor to the
14need for the search or rescue:
15(1) Any act in violation of any federal or state law or local
16ordinance.
17(2) Any act or omission by the person searched for or rescued
18that shows wanton and reckless misconduct in disregard for his or
19her safety.
20(b) The county or city and county shall not collect charges from
21those persons who the county or city and county determines are
22unable to pay the charges.
23(c) The county or city and county may only seek reimbursement
24as authorized by this section if the board of supervisors of that
25county or city and
county passes an ordinance consistent with this
26section.
Section 26614.7 is added to the Government Code, to
2read:
(a) Notwithstanding Article 8 (commencing with
4Section 53150) of Chapter 1 of Part 1begin insert of Division 2 of Title 5end insert, when
5a person 16 years of age or older living within a county or city and
6county is searched for or rescued, that person shall pay the county
7or city and county conducting the search or rescue for the actual
8cost incurred for the search or rescue, including, but not limited
9to, the cost of operating vehicles or aircraft, the salaries of
10employees, and the cost of providing emergency medical services,
11within 30 days after being billed for those charges if the need for
12the search or rescue necessitated the use of
extraordinary methods
13and any of the following was a contributing factor to the need for
14the search or rescue:
15(1) Any act in violation of any federal or state law or local
16ordinance.
17(2) Any act or omission by the person searched for or rescued
18that shows wanton and reckless misconduct in disregard for his or
19her safety.
20(b) The county or city and county shall not collect charges from
21those persons who the county or city and county determines are
22unable to pay the charges.
23(c) The county or city and county may only seek reimbursement
24as authorized by this section if the board of supervisors of that
25
county or city and county passes an ordinance consistent with this
26section.
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