BILL NUMBER: AB 1443 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Committee on Water, Parks and Wildlife (Huffman
(Chair), Fuller (Vice Chair), Arambula, Tom Berryhill, Blumenfield,
Caballero, Fletcher, Bonnie Lowenthal, John A. Perez, Salas, and
Yamada)
FEBRUARY 27, 2009
An act to add Sections 392, 393, 2020, 12014, and 12022
and 12014 to the Fish and Game Code, relating to
fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1443, as amended, Committee on Water, Parks and Wildlife. Fish
and wildlife: enforcement
(1) Existing law provides for reciprocal agreements with adjoining
states with regard to fishing rights and law enforcement.
This bill would authorize the Director of Fish and Game, or a
designated representative, to enter into reciprocal operational
agreements with authorized representatives of any Oregon, Nevada, or
Arizona state law enforcement agency to promote expeditious and
effective law enforcement service to the public, and assistance
between the members of the department and those agencies, in areas
adjacent to the borders of this state and each of the adjoining
states. The bill would deem any regularly employed law enforcement
officer of an Oregon, Nevada, or Arizona state law enforcement agency
a peace officer in this state, if specified conditions are met.
(2) Under existing law, except as expressly provided otherwise,
any violation of the Fish and Game Code, or of any rule, regulation,
or order made or adopted under the code, is a misdemeanor.
This bill would provide that it is unlawful to violate specific
regulations adopted by the department and the commission, thereby
imposing a state-mandated local program by creating new crimes.
(3) Under existing law, the violation of certain provisions of the
code are subject to administrative penalties.
This bill would authorize the department, after the expiration of
the time period to appeal an administrative penalty, to apply to the
clerk of the appropriate court for a judgment to collect the
administrative civil penalty.
(4) Existing law prescribes fines and penalties for specific
violations of the code and regulations adopted pursuant to the code.
This bill would authorize certain presiding court officials to
assess investigation costs, as described, against any person who is
convicted of a violation relating to commercial activity or otherwise
of sufficient significance to warrant cost recovery.
(5)
(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 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 392 is added to the Fish and Game Code, to
read:
392. (a) The director, or a designated representative, may enter
into reciprocal operational agreements with authorized
representatives of any Oregon, Nevada, or Arizona state law
enforcement agency, including, but not limited to, the Oregon State
Police, the Nevada Department of Wildlife, and the Arizona Game and
Fish Department, to promote expeditious and effective law enforcement
service to the public, and assistance between the members of the
department and those agencies, in areas adjacent to the borders of
this state and each of the adjoining states pursuant to Section 393.
(b) The reciprocal operational agreement shall be in writing and
may cover the reciprocal exchange of law enforcement services,
resources, facilities, and any other necessary and proper matters
between the department and the respective agency.
(c) Any agreement shall specify all of the following:
(1) The involved departments, divisions, or units of the agencies.
(2) The duration and purpose of the agreement.
(3) Responsibility for damages.
(4) The method of financing any joint or cooperative undertaking.
(5) The methods to be employed to terminate an agreement.
(d) The director may establish operational procedures in
implementation of any reciprocal operational agreement that are
necessary to achieve the purposes of the agreement.
SEC. 2. Section 393 is added to the Fish and Game Code, to read:
393. (a) Any regularly employed law enforcement officer of an
Oregon, Nevada, or Arizona state law enforcement agency, including,
but not limited to, the Oregon State Police, the Nevada Department of
Wildlife, or the Arizona Game and Fish Department, is a peace
officer in this state if all of the following conditions are met:
(1) The officer is providing, or attempting to provide, law
enforcement services within this state, within a distance of up to 50
statute miles of the contiguous border of this state and the state
employing the officer, or within waters offshore of this state in the
Exclusive Economic Zone.
(2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
(A) In response to a request for services initiated by a member of
the department.
(B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a member of the Department of Fish and Game
is impractical to obtain under the circumstances. In those
situations, the officer shall obtain authorization as soon as
practical.
(3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member of the
Department of Fish and Game in response to misdemeanor or felony
criminal activity, pursuant to the authority of a peace officer as
provided in subdivision (e) of Section 830.2 of the Penal Code, or,
in the event of emergency incidents or other similar public safety
problems, whether or not a member of the department is present at the
scene of the event.
(4) An agreement pursuant to Section 392 is in effect between the
Department of Fish and Game and the agency of the adjoining state
employing the officer, the officer acts in accordance with that
agreement, and the agreement specifies that the officer and employing
agency of the adjoining state shall be subject to the same civil
immunities and liabilities as a peace officer and his or her
employing agency in this state.
(5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
(6) The adjoining state employing the officer confers similar
rights and authority upon a member of the department who renders
assistance within that state.
(b) Notwithstanding any other provision of law, any person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training if the
officer has completed the basic training required for peace officers
in his or her state.
(c) A peace officer of an adjoining state shall not provide
services within a California jurisdiction during any period in which
officers of the department are involved in a labor dispute that
results in a formal work slowdown or stoppage.
SEC. 3. Section 2020 is added to the Fish and Game Code, to read:
2020. It is unlawful to violate any provision of Division 1
(commencing with Section 1.04) of Title 14 of the California Code of
Regulations. Violation of such a provision may be charged as a
violation of this section or of the specific section of Title 14
provision, and shall be punishable as provided in Section 12000.
SEC. 4. Section 12014 is added to the Fish and Game Code, to read:
12014. After the expiration of the time period to appeal an
administrative penalty imposed pursuant to Sections 2301, 2302, 2582,
or 2583, or any other provision of this code, the department may
apply to the clerk of the appropriate court for a judgment to collect
the administrative civil penalty. The application, including a
certified copy of the order imposing the civil penalty, a hearing
officer's decision, if any, or a settlement agreement, if any, shall
constitute a sufficient showing to warrant issuance of the judgment.
The court clerk shall enter the judgment immediately in conformity
with the application. The judgment so entered has the same force and
effect as, and is subject to all the provisions of law relating to, a
judgment in a civil action, and may be enforced in the same manner
as any other judgment of the court in which it is entered.
SEC. 5. Section 12022 is added to the Fish and
Game Code, to read:
12022. A judge, court commissioner, hearing officer, or other
presiding court official may assess investigation costs, payable to
the department, against any person who is convicted of violating any
section within this code or any regulation adopted pursuant to this
code relating to commercial activity, or of a violation that the
presiding court official determines to be of sufficient significance
to warrant cost recovery. For purposes of this section,
"investigation costs" are those costs incurred by the department that
are in any way associated with the violation. Investigation costs
include, but are not limited to, sworn and nonsworn employee
salaries, travel expenses, vehicle mileage, aircraft time, vessel
time, laboratory expenses, storage, contracts, witness fees,
administrative overhead, equipment rentals, equipment purchases, and
any other expenses deemed to be reasonable by the judge or court
official. All revenues of assessments imposed pursuant to this
section shall be deposited in the Fish and Game Preservation Fund in
the State Treasury.
SEC. 6. SEC. 5. 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.