BILL NUMBER: SB 49	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2011
	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


   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   provide
 that its provisions  apply only   do not
apply  to a special district  that   unless
that special district  receives revenue from transaction and
use taxes, 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:

  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
is not limited to, fire, police, or medical response.
   (c) This section shall  only   not 
apply to a special district  that   unless that
special district  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.