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 andbegin insert was caused byend insert specified acts or omissionsbegin delete were a contributing factor to the need for the search or rescueend delete, 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. 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.
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 1 of Division 2 of Title 5,
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 andbegin insert was caused byend insert
any of the followingbegin delete was a contributing :
14factor to the need for the search or rescueend delete
15(1) Anybegin insert intentionalend insert act inbegin insert knowingend insert violation of any federal or
16state law or local ordinance.
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
P3 1county or city and county passes an ordinance consistent with this
2section.
Section 26614.7 is added to the Government Code, to
4read:
(a) Notwithstanding Article 8 (commencing with
6Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5,
7when a person 16 years of age or older living within a county or
8city and county is searched for or rescued, that person shall pay
9the county or city and county conducting the search or rescue for
10the actual cost incurred for the search or rescue, including, but not
11limited to, the cost of operating vehicles or aircraft, the salaries of
12employees, and the cost of providing emergency medical services,
13within 30 days after being billed for those charges if the need for
14the search or rescue necessitated the use of extraordinary methods
15andbegin insert was caused
byend insert any of the followingbegin delete was a contributing factor :
16to the need for the search or rescueend delete
17(1) Anybegin insert intentionalend insert act inbegin insert knowingend insert violation of any federal or
18state law or local ordinance.
19(2) Any act or omission by the person searched for or rescued
20that shows wanton and reckless misconduct in disregard for his or
21her safety.
22(b) The county or city and county shall not collect charges from
23those persons who the county or city and county
determines are
24unable to pay the charges.
25(c) The county or city and county may only seek reimbursement
26as authorized by this section if the board of supervisors of that
27
county or city and county passes an ordinance consistent with this
28section.
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