BILL ANALYSIS �
AB 2151
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CONCURRENCE IN SENATE AMENDMENTS
AB 2151 (Wagner)
As Amended August 11, 2014
Majority vote
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|ASSEMBLY: |72-0 |(May 19, 2014) |SENATE: |36-0 |(August 13, |
| | | | | |2014) |
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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)Prohibit counties from billing a resident more than $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.
2)Clarify that the need for a search and rescue was caused by
any intentional act in knowing violation of any federal or
state law or local ordinance.
3)Make technical and clarifying changes.
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
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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
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that, 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 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.
2)Prohibited the county or city and county from collecting
charges from those persons who the county or city and county
determine are unable to pay.
3)Provided that, when a person 16 years of age or older living
within a county or city and county is searched for or rescued,
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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 the cost of operating vehicles or
aircraft, the salaries of employees, and the cost of providing
emergency medical services, within 30 days pursuant to 1)
above, as specified.
4)Provided that a county or a city and county must adopt an
ordinance in order to exercise this bill's authority to seek
reimbursement for search and rescue costs as specified above.
FISCAL EFFECT : None
COMMENTS :
1)Purpose of this bill. 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 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.
A county is not allowed to collect charges from a person who
the county determines is unable to pay. A county must adopt
an ordinance in order to exercise this bill's authority to
seek reimbursement for search and rescue costs. This bill
also prohibits a county from billing a resident more than
$12,000 unless the search or rescue was caused by a criminal
violation of any federal or state law punishable as a felony,
as specified. This bill is sponsored by Orange County.
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
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: 1) any act in violation of any federal or
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state law or local ordinance; or 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."
3)Background. According to Orange County, the sponsor of this
measure, "In March, 2013, Nicholas Cendoya and Kyndall Jack
became lost while hiking in Trabuco Canyon, resulting in an
extensive search that cost the responding agencies a total of
over $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.
"The bill is modeled after former Government Code Sections
26614.6 and 26614.7? Under former Government Code Section
26614.6, whenever a county or city and county was billed for a
search or rescue of one of its residents 16 years of age or
older by another county or city and county, the county or city
and 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: 1) Any
intentional act in knowing violation of any federal or state
law or local ordinance; or 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. Under former
Government Code Section 26614.7, a county or a city and 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:
1) Any intentional act in knowing violation of any federal or
state law or local ordinance; or 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. The prior
statutes sunset 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
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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. Recent amendments to this bill apply a limited cap
of $12,000, but leave unrestricted the amount a county can
bill for a search or rescue that is caused by a criminal
violation of any federal or state law punishable as a
felony.
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 doing so.
d) Terminology and definitions. The use of the phrase
"extraordinary methods" is not defined in this bill or in
current law. This bill also does not specify who would
determine: what "extraordinary methods" constitutes; what
"wanton and reckless misconduct" encompasses; or, whether a
federal or state law or local ordinance has been violated.
5)Arguments in support. Rural County Representatives of
California (RCRC), in support, write, "RCRC believes it is
good fiscal policy to provide a county with the option of
seeking reimbursement for conducting search and rescue
services when the individual is found to have violated federal
or state laws or local county ordinances and subsequently
needed these services."
6)Arguments in opposition. None on file.
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958
FN: 0004579
AB 2151
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