BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1075|
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CONSENT
Bill No: SB 1075
Author: Knight (R), et al.
Amended: 4/21/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/22/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Department of Forestry and Fire Protection: civil
cost recovery
SOURCE : Author
DIGEST : This bill codifies the recommendation of the State
Auditor and imposes annual reporting requirements on the
California Department of Forestry and Fire Protection (CDF).
The reporting requirements include information on the settled
cases for the prior year including the name, date, location, and
total costs of the fire, the value of the settlement, and
related information.
ANALYSIS :
Existing law:
1.Requires a person, who, among other things, negligently, or in
violation of the law, sets a fire, allows a fire to be set, or
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allows a fire to escape onto any public or private property,
to be liable for fire suppression costs incurred in fighting
the fire and for rescue or emergency medical services.
2.Authorizes public agencies participating in the fire
suppression, rescue, or emergency medical services to
designate one or more agencies to bring an action to recover
the costs incurred by all the participating agencies. Among
other things, CDF is responsible for providing fire protection
and prevention.
3.Provides that the General Fund (GF) consists of monies
received into the Treasury and not required by law to be
credited to any other fund.
This bill:
1.Requires any monies recovered by CDF in a civil action
described in existing law to be deposited by CDF into the
Treasury, as provided.
2.Requires CDF to make an annual report to the Legislature
regarding any monies recovered in a civil action.
3.Requires the report to include, but not be limited to, all of
the following information:
A. Name, date, location, and total costs of the fire, and
the amount of any federal monies received.
B. Settlement or judgment information including the date
and total value of the settlement or judgment.
C. The amount of the settlement or judgment abated against
expenses whether state or federal, local remittance, or
total GF recovery including the abatement of expenses or
miscellaneous revenues.
D. Information specifying whether the settlement, if
applicable, was approved at the unit, region, or
headquarters level.
1.Requires all monies in the account in the Special Deposit Fund
entitled "Civil Cost Recovery Investigation Support Account"
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to be immediately be transferred to the GF.
Background
In January, 2013, news outlets reported that CDF had placed
perhaps $3.7 million obtained from civil liability settlements
related to the intentional or negligent ignition of a fire into
an off-budget account. The California District Attorneys
Association managed the account. Most of the funds were spent
on various activities and equipment purchased by CDF. $807,000
was moved to a special account where it remains. As part of an
October, 2013, audit of CDF, the state auditor recommended that
the Legislature make explicit in statute a requirement that all
civil cost recovery funds must be deposited in the GF.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/5/14)
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : According to the Howard Jarvis
Taxpayers Association, this bill "is in response to the 2013
State Auditor Report that found that the California Board of
Forestry and Fire Protection [CDF] had diverted $3.7 million in
payments over seven years relating to wildfire costs to an
off-budget account they had established called the Wildland Fire
and Investigation Training and Equipment Fund. In response to
civil litigation, the fund was shut down and the remaining
$807,000 was moved to a special account, where it remains
today."
This bill will "move this money, and any future settlement
funds, into the General Fund. Taxpayers deserve better than to
see taxpayer funded slush funds created with their hard-earned
dollars."
RM:e 5/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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