Bill Text: CA SB1075 | 2013-2014 | Regular Session | Chaptered
Bill Title: Department of Forestry and Fire Protection: civil cost recovery.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 250, Statutes of 2014. [SB1075 Detail]
Download: California-2013-SB1075-Chaptered.html
BILL NUMBER: SB 1075 CHAPTERED
BILL TEXT
CHAPTER 250
FILED WITH SECRETARY OF STATE AUGUST 22, 2014
APPROVED BY GOVERNOR AUGUST 22, 2014
PASSED THE SENATE MAY 8, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Knight
(Coauthors: Senators Gaines, Huff, and Nielsen)
FEBRUARY 19, 2014
An act to add Section 707.1 to the Public Resources Code, relating
to the Department of Forestry and Fire Protection.
LEGISLATIVE COUNSEL'S DIGEST
SB 1075, Knight. Department of Forestry and Fire Protection: civil
cost recovery.
Existing law requires a person who, among other things,
negligently or in violation of the law sets a fire, allows a fire to
be set, or 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. Existing law
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, the Department of
Forestry and Fire Protection is responsible for providing fire
protection and prevention. Existing law provides that the General
Fund consists of moneys received into the Treasury and not required
by law to be credited to any other fund.
This bill would require any moneys recovered by the department in
a civil action described above to be deposited by the department into
the Treasury, as provided. The bill would require the department to
make an annual report to the Legislature regarding any moneys
recovered in a civil action. The bill would require all moneys in the
account in the Special Deposit Fund entitled "Civil Cost Recovery
Investigation Support Account" to be immediately be transferred to
the General Fund.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 707.1 is added to the Public Resources Code, to
read:
707.1. (a) Any moneys recovered by the department in a civil
action to recover state costs related to fire suppression, rescue, or
emergency medical services pursuant to Section 13009 of the Health
and Safety Code shall be deposited by the department into the
Treasury as provided in Section 16305.2 of the Government Code.
(b) (1) Notwithstanding Section 10231.5 of the Government Code,
the department shall, no later than January 10 of each year, submit a
report to the Legislature regarding any moneys recovered by the
department in a civil action, as described in subdivision (a), in the
prior year. The report shall 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 moneys 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 General
Fund 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.
(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(c) All moneys in the account in the Special Deposit Fund entitled
"Civil Cost Recovery Investigation Support Account" shall be
immediately transferred to the General Fund.
