AB 896: Counties: search or rescue: costs.

Existing law provides that persons whose specified actions cause an incident resulting in an appropriate emergency response are 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 expenses 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 reimbursement 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 either receives a reimbursement claim from another county or city and county for a search or rescue, or conducts its own 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 was caused by an intentional act in knowing violation of any federal or state law or local ordinance that resulted in a criminal conviction of that person for that act. The bill would require the resident to pay within 30 days after being billed. This bill would prohibit the county or city and county from collecting reimbursement from persons whom the county or city and county determines are unable to pay the charges. 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 was caused by an act that resulted in a felony conviction of that resident under federal or state law. 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.