Bill Text: CA SB49 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: emergency response: fees.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB49 Detail]

Download: California-2011-SB49-Amended.html

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BILL NUMBER: SB 49	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Strickland
    (   Coauthors:   Senators  
Dutton,   Harman,   and Runner   ) 
    (   Coauthors:   Assembly Members 
 Gorell,   Grove,   Mansoor,  Silva,
  and Wagner   ) 

                        DECEMBER 15, 2010

   An act to add Section 53159.5 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST

F   SB 49, as amended, Strickland. Local government: emergency
response: fees.
   Existing law authorizes public agencies, as defined, to hold
liable any person who is under the influence of an alcoholic
beverage, any drug, or the combination of an alcoholic beverage and
any drug, whose negligent operation of a motor vehicle, a boat or
vessel, or a civil aircraft caused by that influence proximately
causes any incident resulting in an appropriate emergency response,
and any person whose intentionally wrongful conduct proximately
causes an incident resulting in an appropriate emergency response,
for the expense of that emergency response.
   This bill would prohibit a city, including a charter city, county,
district, municipal corporation, or public authority from charging a
fee to any person, regardless of residency, for the expense of an
emergency response, as specified, except where a fee is otherwise
authorized.  This bill would state that its provisions apply only
to a special district that receives revenue from transaction and use
Ftaxes, as specified.    The bill would also express a legislative finding and declaration
that the availability and use of emergency response resources
throughout the state is an issue of statewide concern and not a
municipal affair and that, therefore, all cities, including charter
cities, would be subject to the provisions of the bill.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F  SECTION 1.  Section 53159.5 is added to the Government Code, to
read:
   53159.5.  (a) A city, including a charter city, county, district,
municipal corporation, or public authority shall not, except as
otherwise authorized by law, charge a fee to any person, regardless
of residency, for the expense of an emergency response.
   (b) For purposes of this section, emergency response includes, but
Fis not limited to, fire, police, or medical response.    (c) This section shall only apply to a special district that
receives revenue from transaction and use taxes in accordance with
the Transaction and Use Tax Law (Part 1.6 (commencing with Section
7251) of Division 2 of the Revenue and Taxation Code). 
  SEC. 2.  The Legislature finds and declares that the availability
and use of emergency response resources throughout the state is an
issue of statewide concern and not a municipal affair, as that term
is used in Section 5 of Article XI of the California Constitution.
Therefore, this act shall apply to all cities, including charter
cities.