Bill Text: CA AB1863 | 2011-2012 | Regular Session | Amended
Bill Title: Mutual aid: reimbursement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1863 Detail]
Download: California-2011-AB1863-Amended.html
BILL NUMBER: AB 1863 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2012
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.
State-mandated 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.
