BILL NUMBER: AB 618	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 20, 2013

   An act to add Section 32527.5 to the Public Resources Code,
relating to the San Joaquin River Conservancy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 618, as introduced, Perea. San Joaquin River Conservancy:
adoption of regulations: violations: penalties.
   (1) Existing law establishes the San Joaquin River Conservancy in
the Natural Resources Agency, and prescribes the membership and
functions and duties of the conservancy. Existing law authorizes the
conservancy to adopt and enforce regulations governing the use of San
Joaquin Parkway lands and activities within the parkway, the
protection and management of native riparian vegetation, wildlife,
and other natural resources on parkway lands, and the protection of
archeological sites.
   This bill would make a person who violates any of the regulations
adopted by the conservancy governing lands owned or managed by the
conservancy guilty of a misdemeanor punishable by a maximum fine of
$1,000 or imprisonment in the county jail not exceeding 90 days, or
by both the fine and imprisonment. However, the bill would authorize
the judge, upon the recommendation of the prosecuting attorney, to
reduce the charged offense from a misdemeanor to an infraction. By
creating a new crime, the bill would impose a state-mandated local
program.
   (2) 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 no reimbursement is required by this
act for a specified reason.
   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.  Section 32527.5 is added to the Public Resources Code,
to read:
   32527.5.  (a) A person who violates any of the regulations adopted
by the conservancy governing lands owned or managed by the
conservancy is guilty of a misdemeanor punishable by a fine of up to
one thousand dollars ($1,000), or imprisonment in the county jail not
exceeding 90 days, or by both the fine and imprisonment, except that
the judge may, upon the recommendation of the prosecuting attorney,
reduce the charged offense from a misdemeanor to an infraction. A
person convicted of the offense after this reduction shall be
punished by a fine of not less than one hundred dollars ($100) nor
more than five hundred dollars ($500).
   (b) Any regulation adopted by the conservancy governing lands
owned or managed by the conservancy may be enforced by any duly
authorized California peace officer.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.