Bill Text

Bill Information


Add To My Favorites | print page

AB-1863 Mutual aid: reimbursement.(2011-2012)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB1863:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1863

Introduced  by  Assembly Member Chesbro

February 22, 2012

An act to amend Sections 8680.3 and 8685 of the Government Code, relating to mutual aid, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1863, as amended, Chesbro. Mutual aid: reimbursement.
The California Emergency Services Act provides for the rendering of mutual aid by the state government and by the political subdivisions of this state to mitigate the effects of natural, manmade, or war-caused emergencies. The act requires aid to be rendered in accordance with approved emergency plans during any state of war emergency or state of emergency when the need arises for outside aid in any county, city and county, or city. The act authorizes state agencies and political subdivisions to exercise mutual aid powers in accordance with the Master Mutual Aid Agreement and local ordinances, resolutions, agreements, or plans in periods other than a state of war emergency, a state of emergency, or a local emergency.
This bill would make certain findings and declarations regarding a 36-day manhunt that occurred in Mendocino County in 2011. This bill would appropriate $40,827.29 from the General Fund to Mendocino County to reimburse the county for the costs it incurred during the manhunt. This bill would state the intent of the Legislature to enact legislation that would establish reimbursement procedures for statewide law enforcement mutual aid.
The act defines the term “disaster” to mean a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.
This bill would additionally define the term “public calamity” for purposes of the definition of the term “disaster.”
The act additionally authorizes funds appropriated for purposes of the act to be used to provide financial assistance for, among other things, local agency personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities incurred as a result of a state of emergency proclaimed by the Governor, as specified.
This bill would additionally authorize funds appropriated for purposes of the act to be used for the costs of food and lodging for mutual aid responders.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) A 36-day manhunt occurred in Mendocino County from late August 2011 to October 1, 2011, for a suspect in the murders of community member Matthew Coleman and Fort Bragg City Council Member Jere Melo.
(b) Law enforcement agencies throughout California, assisted by fellow emergency responders, engaged in an unprecedented manhunt. The search for the suspect centered four miles east of Fort Bragg in remote and rugged terrain. The multiagency search operation, the parameters of which were focused along the Highway 20 corridor, between Willits and Fort Bragg into the Noyo Basin, depleted the scarce financial resources of the Mendocino County Sheriff’s Office.
(c) The Mendocino County Sheriff’s Office incurred special expenses for outside agencies that came at Mendocino County’s request for mutual aid, including lodging, food, and logistical expenditures in the amount of $40,827.29.

SEC. 2.

 The sum of forty thousand eight hundred twenty-seven dollars and twenty-nine cents ($40,827.29) is hereby appropriated from the General Fund to Mendocino County to reimburse the county for the costs it incurred for the food and lodging of outside agencies that offered mutual aid to the county in the 2011 manhunt for the suspected killer of Matthew Coleman and Fort Bragg City Council Member Jere Melo.

SEC. 3.

 Section 8680.3 of the Government Code is amended to read:

8680.3.
 “Disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. A public calamity includes, but is not limited to, an uncommon situation that requires law enforcement, that is or threatens to become of serious epidemic proportions, and for which local resources are inadequate to protect the lives and property of citizens or to enforce the law. A public calamity does not include the perceived need for planning or other activities related to crowd control for general public safety projects, or a situation requiring the enforcement of laws associated with scheduled public events, including, but not limited to, political conventions and sporting events.

SEC. 4.

 Section 8685 of the Government Code is amended to read:

8685.
 From any moneys appropriated for that purpose, and subject to the conditions specified in this article, the secretary shall allocate funds to meet the cost of any one or more projects as defined in Section 8680.4. Applications by school districts shall be submitted to the Superintendent of Public Instruction for review and approval, in accordance with instructions or regulations developed by the California Emergency Management Agency, prior to the allocation of funds by the secretary.
Moneys appropriated for the purposes of this chapter may be used to provide financial assistance for the following local agency and state costs:
(a) Local agency personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, and the costs of food and lodging for mutual aide responders incurred as a result of a state of emergency proclaimed by the Governor, excluding the normal hourly wage costs of employees engaged in emergency work activities.
(b) To repair, restore, reconstruct, or replace facilities belonging to local agencies damaged as a result of disasters as defined in Section 8680.3. Mitigation measures performed pursuant to subdivision (b) of Section 8686.4 shall qualify for funding pursuant to this chapter.
(c) Matching fund assistance for cost sharing required under federal disaster assistance programs, as otherwise eligible under this act.
(d) Indirect administrative costs and any other assistance deemed necessary by the director.
(e) Necessary and required site preparation costs for mobilehomes, travel trailers, and other manufactured housing units provided and operated by the Federal Emergency Management Agency.

SEC. 3.

It is the intent of the Legislature to enact legislation that would establish reimbursement procedures for statewide law enforcement mutual aid.