• SB 49,  Tony Strickland

    California Senator Tony Strickland’s Bill SB 49 Would Prohibit Charging Out of Town Residents for Emergency Response

    Way to go California – tax us twice.

    In more than four dozen cities and counties across California, the question of how much being involved in a car accident will cost motorists depends on more than just the extent of the damages or whether anyone was injured. It also depends on where they live.

    Out-of-towners get billed for the cost of sending firefighters to the scene; for locals, that service is covered as part of the local taxes they pay.

    The fee is levied on out-of-town motorists regardless of who is at fault — even if an out-of-towner is involved in an accident in which a local driver is at fault.

    The trend is being fueled by private collection firms that offer to handle the billing and collection for a percentage of the emergency response fees, and is promoted as a means for cash-strapped local governments to recover some of the costs for services they have traditionally provided as a basic element of public safety.

    Critics call it a “crash tax” — and Sen. Tony Strickland, R-Moorpark, is out to put a stop to it.

    Strickland has introduced legislation, SB 49, that would prohibit local agencies from “charging a fee to any person, regardless of residence, for the expense of an emergency response,” unless drunken driving, gross negligence or intentionally illegal conduct is involved.

    “It’s nothing more than a double tax,” Strickland said, noting that local agencies are always eager to have out-of-towners visit or shop in their jurisdictions so that they can collect sales taxes and hotel bed taxes.

    This legislation needs to pass and pass as an emergency measure so it takes effect when the Governor signs the bill.

    Why?

    I’ll be driving through California on vacation and some truck or car hits me and causes an accident. They, however, live/work in the area and they go after me financially for the Fire Department response to the accident.

    Nice. I get to pay taxes like everyone else to pay into the state, my county, my city. Yet, when I travel outside my cocoon and someone else causes an accident I get stuck with the bill.

    No way.

    Here is the text of the bill:

    BILL NUMBER: SB 49 INTRODUCED BILL

    TEXT INTRODUCED BY Senator Strickland

    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 introduced, 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.

    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.

    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.

    Watch the legislative status and the history of the bill here.