BILL NUMBER: AB 2284 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Chesbro
( Coauthors: Assembly Members
Fong, Halderman, and Huffman )
FEBRUARY 24, 2012
An act to add Section 12025 to the Fish and Game Code, and to
amend add Section 2810 of
2810.2 to the Vehicle Code, relating to
irrigation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2284, as amended, Chesbro. Irrigation.
Existing
(1) Existing law establishes
fines and penalties for a violation of the Fish and Game Code.
This bill would impose additional civil penalties for a violation
of specified provisions of the Fish and Game Code connected
to marijuana cultivation on a unit of the state park system, state
forest, and timberland, as defined, in connection with
the production or cultivation of a controlled substance, as defined,
on land within the jurisdiction of specified state and federal
agencies or within the ownership of a timber preserve zone, at
an amount determined by the Fish and Game Commission, as prescribed.
Existing
(2) Existing law authorizes a
member of the California Highway Patrol to stop any vehicle
transporting any timber products, livestock, poultry, farm products,
crude oil, petroleum products, or inedible kitchen grease, and
inspect the bills of lading, shipping, or delivery papers, or other
evidence to determine whether the driver is in legal possession of
the load, and, upon reasonable belief that the driver of the vehicle
is not in legal possession, to take custody of the vehicle and load
and turn them over to the custody of the sheriff of the county in
which any of those items are apprehended. Existing law also
generally prohibits a person from driving a motor vehicle upon a
highway, unless the person then holds a valid driver's license.
This bill would additionally authorize a member
of the California Highway Patrol or the sheriff or a deputy sheriff
to stop a vehicle transporting agricultural irrigation supplies, as
defined, that are in plain view within the boundaries of a
state park, state forest, or federal forest, or on timberland,
on a rock or unpaved road within the jurisdiction of
specified state or federal agencies or within the ownership of a
timber preserve zone and inspect the bills of lading, shipping,
or delivery papers, or other evidence to determine whether the
driver is in legal possession of the load, and, upon reasonable
belief that the driver of the vehicle is not in legal possession, to
take custody of the vehicle and load and turn them over to the
custody of the sheriff of the county in which any of those items are
apprehended. Because The bill would prohibit
a peace officer from impounding a vehicle at a traffic stop made
pursuant to this authorization if the driver's only offense is a
violation of the prohibition against driving a motor vehicle upon a
highway without holding a valid driver's license. The bill would
require a peace officer making such a stop who encounters
a driver in violation of this prohibition to take certain actions
with regard to obtaining from the registered owner of the vehicle
authorization to release the vehicle to a licensed driver.
Because the sheriff would be required to receive and
provide for the care and safekeeping of the seized agricultural
irrigation supplies, this bill would impose a state-mandated local
program.
(3) The bill would declare the intent of the Legislature that the
implementation of the bill's provisions not contradict the purposes
or application of the Compassionate Use Act of 1996.
The
(4) The California Constitution
requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) As a result of the closure and lack of staffing at numerous
state parks, those parks and other resource lands have become
infested with illegal marijuana cultivation.
(b) The illegal marijuana growing sites create a hazard for those
who recreate on these public resource lands. Some of the most recent
events that showed the relative danger were the murder of Matthew
Coleman and Fort Bragg City Council Member Jere Melo who surveyed the
forest for illegal marijuana growth in connection with local law
enforcement and were killed in the course of their jobs.
(c) The marijuana growsites often are constructed without regard
for the environment or wildlife.
(d) Because the illegal marijuana cultivation operations are set
up deep in resource land, all the equipment is brought in and
constructed without consideration for the environmental effects.
(e) Many illegal marijuana growsites include water diversion with
irrigation pipes, generators, and batteries to power the cultivation
equipment and camp, illegal damming and water diversion, and
pesticides and insecticides that are sometimes added directly to
streams and ponds.
SEC. 2. Section 12025 is added to the Fish and Game Code, to read:
12025. (a) In addition to any penalties imposed by any other law,
a person found to have violated Section 1602, 5650, or 5652 in
connection with marijuana cultivation on a unit of the state
park system or state forest, or on timberland the
production or cultivation of a controlled substance on land within
the respective jurisdiction of the Department of Parks and
Recreation, the Department of Fish and Game, the Department of
Forestry and Fire Protection, the United States Forest Service, or
the Bureau of Land Management, or within the respective ownership of
a timberland preserve zone, as defined in Section 51110 of the
Government Code, shall be liable for a civil penalty in the
following amounts:
(1) A person who violates Section 1602 in connection with the
cultivation of marijuana production or
cultivation of a controlled substance is subject to a civil
penalty of not more than ten thousand dollars ($10,000) for each
violation.
(2) A person who violates Section 5650 in connection with the
cultivation of marijuana production or
cultivation of a controlled substance is subject to a civil
penalty of not more than forty thousand dollars ($40,000) for each
violation.
(3) A person who violates Section 5652 in connection with the
cultivation of marijuana production or
cultivation of a controlled substance is subject to a civil
penalty of not more than forty thousand dollars ($40,000) for each
violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is in addition to any other civil penalty imposed
for another violation of this section, or any violation of any other
law.
(c) All civil penalties collected for a separate violation
pursuant to this section shall not be considered to be fines or
forfeitures, as described in Section 13003, and shall be apportioned
in the following manner:
(1) Thirty percent shall be distributed to the county in which the
violation was committed pursuant to Section 13003. The county board
of supervisors shall first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or city
attorney in investigating and prosecuting the violation.
(2) Thirty percent shall be distributed to the lead investigating
agency to be used to reimburse the cost of any investigation directly
related to the violations described in this section.
(3) Forty percent shall be distributed to the primary
investigating agency for the reimbursement for all reasonable costs
associated with the clean up or abatement of the marijuana
cultivation or production site.
(d) For the purposes of this section, "timberland" has
the same meaning as that set forth in Section 51104 of the Government
Code "controlled substance" has the same meaning as
defined in Section 11007 of the Health and Safety Code .
SEC. 3. Section 2810 of the Vehicle Code is
amended to read:
2810. (a) (1) A member of the California Highway Patrol may stop
a vehicle transporting any timber products, livestock, poultry, farm
produce, crude oil, petroleum products, or inedible kitchen grease,
or any vehicle transporting agricultural irrigation supplies that are
in plain view within the boundaries of a state park, state forest,
or federal forest, or on timberland, and inspect the bills of lading,
shipping or delivery papers, or other evidence to determine whether
the driver is in legal possession of the load, and, upon reasonable
belief that the driver of the vehicle is not in legal possession,
shall take custody of the vehicle and load and turn them over to the
custody of the sheriff of the county in which the timber products,
livestock, poultry, farm produce, crude oil, petroleum products,
inedible kitchen grease, or agricultural irrigation supplies are
apprehended.
(2) The sheriff or a deputy sheriff may enforce paragraph (1) with
regard to a vehicle transporting agricultural irrigation supplies
that are in plain view within the boundaries of a state park, state
forest, or federal forest, or on timberland.
(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended timber products, livestock, poultry,
farm produce, crude oil, petroleum products, inedible kitchen grease,
or agricultural irrigation supplies that were in plain view within
the boundaries of a state park, state forest, or federal forest, or
on timberland, and immediately, in cooperation with the department,
proceed with an investigation and its legal disposition.
(c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
(d) For the purposes of this section, the following terms mean the
following:
(1) "Agricultural irrigation supplies" include agricultural
irrigation water bladder, drip irrigation tubing, and fertilizer.
(2) "Timberland" has the same meaning as set forth in Section
51104 of the Government Code.
SEC. 3. Section 2810.2 is added to the
Vehicle Code , to read:
2810.2. (a) A member of the California Highway Patrol, a sheriff,
or a deputy sheriff may stop any vehicle transporting agricultural
irrigation supplies that are in plain view on a rock road or unpaved
road within the respective jurisdiction of the Department of Parks
and Recreation, the Department of Fish and Game, the Department of
Forestry and Fire Protection, the United States Forest Service, or
the Bureau of Land Management, or within the respective ownership of
a timberland preserve zone, and inspect the bills of lading,
shipping, or delivery papers, or other evidence to determine whether
the driver is in legal possession of the load, and, upon reasonable
belief that the driver of the vehicle is not in legal possession,
shall take custody of the vehicle and load and turn them over to the
custody of the sheriff of the county where the agricultural
irrigation supplies are apprehended.
(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended agricultural irrigation supplies that
were in plain view within the boundaries of a state park, state
forest, or federal forest, or on timberland, and immediately, in
cooperation with the department, proceed with an investigation and
its legal disposition.
(c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
(d) A peace officer shall not cause the impoundment of a vehicle
at a traffic stop made pursuant to subdivision (a) if the driver's
only offense is a violation of Section 12500.
(e) During the conduct of pulling a driver over in accordance with
subdivision (a), if the peace officer encounters a driver who is in
violation of Section 12500, the peace officer shall make a reasonable
attempt to identify the registered owner of the vehicle. If the
registered owner is present, or the peace officer is able to identify
the registered owner and obtain the registered owner's authorization
to release the motor vehicle to a licensed driver during the vehicle
stop, the vehicle shall be released to either the registered owner
of the vehicle if he or she is a licensed driver or to the licensed
driver authorized by the registered owner of the vehicle. If a notice
to appear is issued, the name and the driver's license number of the
licensed driver to whom the vehicle was released pursuant to this
subdivision shall be listed on the officer's copy of the notice to
appear issued to the unlicensed driver. When a vehicle cannot be
released, the vehicle shall be removed pursuant to subdivision (p) of
Section 22651, whether a notice to appear has been issued or not.
(f) For the purposes of this section, the following terms have the
following meanings:
(1) "Agricultural irrigation supplies" include agricultural
irrigation water bladder, drip irrigation tubing, and fertilizer.
(2) "Timberland preserve zone" has the same meaning as set forth
in Section 51110 of the Government Code.
SEC. 4. It is the intent of the Legislature that
the implementation of Section 12025 of the Fish and Game Code and
Section 2810.2 of the Vehicle Code, as added by this act and
hereafter amended, not contradict the purposes or application of the
Compassionate Use Act of 1996 (Section 11362.5 of the Health and
Safety Code.
SEC. 5. The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SEC. 4. SEC. 6. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.