BILL NUMBER: SB 540	CHAPTERED  09/21/02

	CHAPTER  762
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	AMENDED IN ASSEMBLY  AUGUST 23, 2002
	AMENDED IN ASSEMBLY  AUGUST 30, 2001
	AMENDED IN ASSEMBLY  AUGUST 20, 2001
	AMENDED IN ASSEMBLY  JUNE 29, 2001
	AMENDED IN SENATE  MAY 7, 2001
	AMENDED IN SENATE  APRIL 17, 2001

INTRODUCED BY   Senator Sher

                        FEBRUARY 22, 2001

   An act to amend Section 4601.1 of the Public Resources Code,
relating to forestry.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 540, Sher.  Forest practices:  penalties.
   Existing law requires the Attorney General or a district attorney,
upon the request of the Director of Forestry and Fire Protection,
to, as part of a misdemeanor action brought for a violation of the Z'
berg-Nejedly Forest Practice Act of 1973 or any rules or regulations
of the State Board of Forestry and Fire Protection, petition the
superior court to impose, assess, and recover a civil penalty, as
specified.
   This bill would delete the requirement that the petition to the
superior court be made as part of a misdemeanor action.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4601.1 of the Public Resources Code is amended
to read:
   4601.1.  (a) (1) In addition to any other penalty, any person who
intentionally, knowingly, or negligently violates this chapter or a
rule or regulation adopted by the board pursuant to this chapter is
subject to a civil penalty imposed by a court in an amount not to
exceed ten thousand dollars ($10,000) for each violation.  For
purposes of this section, damage that occurs over multiple days that
results from a single action shall not be considered a continuing
violation.  For purposes of this section, each specific act that
results in a violation of this chapter or a rule or regulation
adopted pursuant to this chapter, including an act that is repeated
on separate days, shall be considered a separate violation.
   (2) The Attorney General or district attorney, upon request of the
director, shall petition the superior court to impose, assess, and
recover a civil penalty pursuant to this subdivision.  In determining
the appropriate amount, the court shall consider all relevant
circumstances, including, but not limited to, persistence,
circumstances, extent and gravity of the violation, the length of the
time over which the violation occurred, whether any substantial
damage caused by the violation is susceptible to corrective action,
whether the violation was willful or caused by negligence, and, with
respect to the violator, the ability of the violator to pay any fines
or penalties, the effect on the ability to continue in business, the
corrective action, if any, taken by the violator, whether the
violator has any prior history of violations, the degree of
culpability, economic savings, if any, resulting from the violation,
and such other matters as justice may require.
   (b) A civil penalty may also be administratively imposed by the
department in accordance with Section 4601.2 on any person who
intentionally, knowingly, or negligently violates this chapter or a
rule or regulation adopted by the board pursuant to this chapter in
an amount not to exceed ten thousand dollars ($10,000) for each
violation of a separate provision.  For purposes of this section,
damage that occurs over multiple days that results from a single
action shall not be considered a continuing violation.  For purposes
of this section, each specific act that results in a violation of
this chapter or a rule or regulation adopted pursuant to this
chapter, including an act that is repeated on separate days, shall be
considered a separate violation.
   (c) No person is subject to both a civil penalty imposed by the
superior court under subdivision (a) and a civil penalty
administratively imposed under subdivision (b) for the same act or
failure to act.
   (d) Any money recovered by the department pursuant to this section
shall be deposited in the General Fund.