Amended in Senate August 11, 2014

Amended in Senate June 24, 2014

Amended in Assembly May 13, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2151

Introduced by Assembly Member Wagner

February 20, 2014

An act to add Sections 26614.6 and 26614.7 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 2151, as amended, Wagner. Counties: search begin delete and end delete begin insert or end insert rescue: costs.

Existing law provides that persons whose begin delete intentional wrongful conduct proximately causes end delete begin insert specified actions cause end insert 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 begin delete expense end delete begin insert expenses end insert 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 begin insert reimbursement end insert 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 begin delete is billed by end delete begin insert either receives a reimbursement claim from end insert another county or city and county for begin delete , or conducts, end delete a search or rescue begin insert , or conducts its own search or rescue, end insert 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 was caused by specified acts or begin delete omissions, and end delete begin insert omissions. The bill end insert would require the begin delete person end delete begin insert resident end insert to pay within 30 days after being billed. This bill would prohibit the county or city and county from collecting begin delete charges end delete begin insert reimbursement end insert from begin delete those end delete persons begin delete who end delete begin insert whom end insert the county or city and county determines are unable to pay the charges. begin insert The bill would prohibit a county or city and county from billing a resident more than $12,000, adjusted annually for inflation as determined by the Department of Industrial Relations, for a search or rescue, unless the search or rescue is the result of a criminal violation punishable as a felony. end 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 26614.6 is added to the Government
Code, to read:

26614.6.  

(a) Notwithstanding Article 8 (commencing with
Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5,
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 caused by any of the begin delete following : end delete begin insert following: end insert

(1) Any intentional act in knowing violation of any federal or
state law or local ordinance.

(2) Any act or omission by the person searched for or rescued
that shows wanton and reckless misconduct in disregard for his or
her safety.

(b)  begin insert (1) end insert begin insert   end insert The county or city and county shall not collect charges
from those persons begin delete who end delete begin insert whom end insert the county or city and county
determines are unable to pay the charges.

begin insert

(2) A county or city and county shall not bill a resident under
this section more than twelve thousand dollars ($12,000), adjusted
annually for inflation as measured by the percentage change in
the California Consumer Price Index from January 1 of the prior
year to January 1 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.

end insert

(c) The county or city and county may only seek reimbursement
as authorized by this section if the board of supervisors of that
county or city and county passes an ordinance consistent with this
section.

SEC. 2.  

Section 26614.7 is added to the Government Code, to
read:

26614.7.  

(a) Notwithstanding Article 8 (commencing with
Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5,
when a person 16 years of age or older begin delete living within end delete begin insert who is a
resident of end insert a county or city and county begin delete is searched for or rescued end delete
begin insert that conducts a search or rescue of that person end insert , 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 if the
need for the search or rescue necessitated the use of extraordinary
methods and was caused by any of the following :

(1) Any intentional act in knowing violation of any federal or
state law or local ordinance.

(2) Any act or omission by the person searched for or rescued
that shows wanton and reckless misconduct in disregard for his or
her safety.

(b)  begin insert (1) end insert begin insert   end insert The county or city and county shall not collect charges
from those persons begin delete who end delete begin insert whom end insert the county or city and county
determines are unable to pay the charges.

begin insert

(2) A county or city and county shall not bill a resident under
this section more than twelve thousand dollars ($12,000), adjusted
annually for inflation as measured by the percentage change in
the California Consumer Price Index from January 1 of the prior
year to January 1 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.

end insert

(c) The county or city and county may only seek reimbursement
as authorized by this section if the board of supervisors of that
county or city and county passes an ordinance consistent with this
section.