BILL NUMBER: AB 149 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Jeffries
JANUARY 22, 2009
An act to add Section 720 to the Public Resources Code,
relating to An act to repeal and add Section 731 of
the Public Resources Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 149, as amended, Jeffries. State government: board of forestry
and fire protection : abolishment. :
membership.
Existing law requires the State Board of Forestry and Fire
Protection to represent the state's interest in the acquisition and
management of state forests as provided by law and in federal land
matters pertaining to forestry, and the protection of the state's
interests in forest resources on private lands. The board is required
to determine, establish, and maintain an adequate forest policy.
General policies for guidance of the Department of Forestry and Fire
Protection are determined by the board.
This bill would abolish the State Board of Forestry and Fire
Protection and transfer its duties, responsibilities, powers,
jurisdiction, liabilities, and functions to the Director of Forestry
and Fire Protection.
This bill would add 2 new members to the board. One member would
be a currently serving county supervisor from a rural county that has
entered into a cooperative agreement with the department to provide
fire prevention and suppression services on lands within that county.
In considering the appointment, the Governor would be required to
give reasonable consideration to nominations by the Regional Council
of Rural Counties. The other member would be a currently serving
county supervisor from any county that has entered into a cooperative
agreement with the department to provide fire prevention and
suppression services on lands within that county. In considering the
appointment, the Governor would be required to give reasonable
consideration to nominations by the California State Association of
Counties.
The bill would also make various technical, nonsubstantive
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 731 of the Public
Resources Code is repealed.
731. All members of the board shall be appointed and shall be
selected and approved for appointment on the basis of their
educational and professional qualifications and their general
knowledge of, interest in, and experience with, problems relating to
watershed management (including hydrology and soil science), forest
management practices, fish and wildlife, range management, forest
economics, or land use planning. Five members shall be selected from
the general public, three members shall be selected from the forest
products industry, and one member shall be selected from the range
livestock industry. At no time shall a majority of the members, nor
any of the members selected from the general public, be persons with
a direct personal financial interest, within the meaning of Section
1120 of the Government Code, in timberlands. All members of the board
shall represent the general public interest.
SEC. 2. Section 731 is added to the
Public Resources Code , to read:
731. (a) (1) All of the following members of the board shall be
appointed and shall be selected and approved for appointment on the
basis of their educational and professional qualifications and their
general knowledge of, interest in, and experience with, problems
relating to watershed management, including hydrology and soil
science, forest management practices, fish and wildlife, range
management, forest economics, or land use planning:
(A) Five members shall be selected from the general public.
(B) Three members shall be selected from the forest products
industry.
(C) One member shall be selected from the range livestock
industry.
(2) One member shall be a county supervisor, currently serving on
the county board of supervisors, from a rural county that has entered
into a cooperative agreement with the department to provide fire
prevention and suppression services on lands within that county
pursuant to Section 4142. When considering the appointment, the
Governor shall give reasonable consideration to nominations provided
by the Regional Council of Rural Counties.
(3) One member shall be a county supervisor, currently serving on
the county board of supervisors, from a county that has entered into
a cooperative agreement with the department to provide fire
prevention and suppression services on lands within that county
pursuant to Section 4142. When considering the appointment, the
Governor shall give reasonable consideration to nominations provided
by the California State Association of Counties.
(b) At no time shall a majority of the members, nor any of the
members selected from the general public, be persons with a direct
personal financial interest in timberlands.
(c) All members of the board shall represent the general public
interest.
SECTION 1. Section 720 is added to the Public
Resources Code, to read:
720. (a) The director succeeds to and is vested with all duties,
responsibilities, powers, jurisdiction, liabilities, and functions of
the board, which is hereby abolished. Any reference in any law to
the duties, responsibilities, powers, and functions of the board,
shall be considered a reference to the director unless the context
otherwise requires. The director shall have possession and control of
all records, books, papers, and other property, real, personal and
mixed, now or hereafter held for the benefit or use of the board.
(b) All employees of the board who are serving in the state civil
service, other than as temporary employees when this section becomes
effective, shall continue to be employees of the department pursuant
to Section 19050.9 of the Government Code. The status, position, and
rights of any employee of the board shall not be affected by the
transfer and shall be retained by the person as an employee of the
department, as the case may be, pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to a position that is exempt from
civil service.
(c) All money available, including money that becomes available
after the effective date of this section, for expenditure by the
board to be used in the administration of any function, the exercise
of any right, or performance of any duty, which function, right, or
duty is transferred by this section, shall be transferred to the
director who is to administer the function, exercise the right, or
perform the duty.