BILL NUMBER: SB 394	CHAPTERED  07/26/99

	CHAPTER   185
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 26, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	PASSED THE SENATE   MAY 24, 1999
	AMENDED IN SENATE   APRIL 26, 1999

INTRODUCED BY   Senator McPherson

                        FEBRUARY 12, 1999

   An act to amend Section 6439 of the Fish and Game Code, relating
to aquatic species, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 394, McPherson.  Aquatic nuisance species.
   (1) Existing law contains provisions designed to prevent the
introduction and spread of aquatic nuisance species, as defined, into
any river, estuary, bay, or coastal area through the exchange of
ballast water of vessels prior to entering those waters.  Existing
law requires the Department of Fish and Game to adopt a ballast water
control report form consistent with the form developed by the United
States Coast Guard.  Existing law requires operators of all vessels
that have the capacity to take on or discharge ballast water to
complete and return the form as a condition of using the waters of
this state.  These provisions are to be repealed on January 1, 2000.

   This bill would extend these provisions until January 1, 2004.
Since a violation of these provisions is an infraction under existing
law, the bill would impose a state-mandated local program by
continuing in existence a crime that would otherwise be repealed.
   (2) Existing law continuously appropriates the money in the Fish
and Game Preservation Fund to the department to carry out the Fish
and Game Code.  Because this bill would continue existing duties
imposed on the department until January 1, 2004, the bill would make
an appropriation.
  (3) 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.
   Appropriation:  yes.


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


  SECTION 1.  Section 6439 of the Fish and Game Code is amended to
read:
   6439.  This article shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2004, deletes or extends that
date.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.