BILL NUMBER: AB 2284 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN SENATE JUNE 19, 2012
AMENDED IN ASSEMBLY MAY 30, 2012
AMENDED IN ASSEMBLY MAY 14, 2012
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 and Huffman)
FEBRUARY 24, 2012
An act to add Section 12025 to the Fish and Game Code, and to add
Section 2810.2 to the Vehicle Code, relating to irrigation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2284, as amended, Chesbro. Irrigation.
(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 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 timberland production zone as
prescribed.
(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 authorize a peace officer, as described, to stop a
vehicle transporting agricultural irrigation supplies, as defined,
that are in plain view on a rock or unpaved road that is located
in a county that elects to implement these provisions, and
within the jurisdiction of specified state or federal agencies or
within the ownership of a timberland production zone and to
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. The bill would,
except as specified, 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 the 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.
The bill would authorize the board of supervisors of a county to
adopt a resolution to elect to implement these provisions.
Because the sheriff and deputy sheriff would be required to
receive and provide for the care and safekeeping of the seized
agricultural irrigation supplies and to take certain actions
regarding a vehicle driven by a person without a valid driver's
license that is stopped as provided above, 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 and the Medical
Marijuana Program.
(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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) 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.
(2) The illegal marijuana growing sites create a hazard for those
who recreate on these public resource lands. One of the most recent
events that showed the relative danger was the murder of Fort Bragg
City Council Member Jere Melo who surveyed the forest for illegal
marijuana growth in connection with local law enforcement and was
killed in the course of his job.
(3) The marijuana growsites often are constructed without regard
for the environment or wildlife.
(4) 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.
(5) 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.
(6) Illegal water diversion for the purpose of cultivating
marijuana poses a direct threat to California's endangered coho
salmon. To prevent their extinction from northern California waters,
it is imperative that habitat restoration occurs.
(b) It is the intent of the Legislature to have local
jurisdictions, where applicable, utilize a portion of the funds from
the cleanup and abatement funds collected pursuant to this act to
address coho salmon habitat and recovery.
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 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 State Lands
Commission, a regional park district, the United States Forest
Service, or the Bureau of Land Management, or within the respective
ownership of a timberland production zone, as defined in Chapter 6.7
(commencing with Section 51100) of Division 1 of Title 5 of the
Government Code, of more than 50,000 acres, shall be liable for a
civil penalty in the following amounts:
(1) A person who violates Section 1602 in connection with the
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
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
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 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 agency performing
the cleanup or abatement of the cultivation or production site for
the reimbursement for all reasonable costs associated with the
cleanup or abatement.
(d) For the purposes of this section, "controlled substance" has
the same meaning as defined in Section 11007 of the Health and Safety
Code.
SEC. 3. Section 2810.2 is added to the Vehicle Code, to read:
2810.2. (a) (1) A peace officer, as described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may stop any vehicle transporting agricultural irrigation supplies
that are in plain view to inspect the bills of lading, shipping, or
delivery papers, or other evidence to determine whether the driver is
in legal possession of the load, if the vehicle is on a rock road or
unpaved road that is located in a county that has elected to
implement this section and the road is located as follows:
(A) Located 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 State Lands
Commission, a regional park district, the United States Forest
Service, or the Bureau of Land Management.
(B) Located within the respective ownership of a timberland
production zone, as defined in Chapter 6.7 (commencing with Section
51100) of Division 1 of Title 5 of the Government Code, either that
is larger than 50,000 acres or for which the owner of more than 2,500
acres has given express written permission for a vehicle to be
stopped within that zone pursuant to this section.
(2) Upon reasonable belief that the driver of the vehicle is not
in legal possession, the law enforcement officer specified in
paragraph (1) shall take custody of the vehicle and load and turn
them over to the custody of the sheriff of the county that has
elected to implement this section 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 public lands under the
jurisdiction of the entities listed in subparagraph (A) of
paragraph (1) of subdivision (a) or on a timberland production
zone as specified in subparagraph (B) of paragraph (1) of
subdivision (a), 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) Except as provided in subdivision (e), 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, "agricultural irrigation
supplies" include agricultural irrigation water bladder and one-half
inch diameter or greater irrigation line.
(g) This section shall be implemented only in a county where the
board of supervisors adopts a resolution authorizing the enforcement
of this section.
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) and Article 2.5 (commencing with Section 11362.7) of
Chapter 6 of Division 10 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. 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.