BILL NUMBER: AB 2284 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 24, 2012
An act to add Section 12025 to the Fish and Game Code, and to
addand repeal Section 2429.7 amend Section
2810 of the Vehicle Code, relating to marijuana
cultivation irrigation .
LEGISLATIVE COUNSEL'S DIGEST
AB 2284, as amended, Chesbro. Marijuana cultivation.
Irrigation.
Existing law establishes fines and penalties for a violation of
the Fish and Game Code.
This bill would impose an additional civil penalty
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, at an amount determined by the Fish and Game
Commission sufficient to cover the costs associated with
cleaning up the marijuana site , as prescribed .
Existing law requires the Department of the California
Highway Patrol to enforce the requirements of the Government Code
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 i
s 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 .
This bill would , until January 1, 2023, require the
department to establish a pilot program authorizing a peace officer
of the department or a county sheriff's office to stop a vehicle
transporting agricultural irrigation supplies into a unit of the
state park system, state forest, national forest, or timberland, and
make specified inquiries 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, 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 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 .
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: no 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 1600
1602 , 5650, or 5652 , or 5937
in connection with marijuana cultivation on a unit of the state park
system , or state forest, or on
timberland shall be liable for a civil penalty in an
amount determined by the commission that is necessary to cover the
costs associated with cleaning up the marijuana site.
the following amounts:
(1) A person who violates Section 1602 in connection with the
cultivation of marijuana 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 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 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 site.
(b)
(d) For the purposes of this section, "timberland" has
the same meaning as that set forth in Section 51104 of the Government
Code.
SEC. 3. Section 2429.7 is added to the Vehicle
Code, to read:
2429.7. (a) The department shall establish a pilot
programauthorizing a peace officer of the department or a county
sheriff's office to stop a vehicle transporting agricultural
irrigation supplies into a unit of the state park system, state
forest, national forest, or timberland, upon reasonable belief that
those supplies will be used to cultivate marijuana on those lands,
and ask the driver of the vehicle about the purpose and destination
of the agricultural irrigation supplies.
(b) A county may participate in the pilot program by adopting a
resolution opting into the pilot program.
(c) The number of counties that may participate in the pilot
program shall not exceed six.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "Agricultural irrigation supplies" includes agricultural
irrigation water bladder and drip irrigation tubing.
(2) "Timberland" has the same meaning as that set forth in Section
51104 of the Government Code.
(e) This section shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.
SEC. 3. Section 2810 of the Vehicle
Code is amended to read:
2810. (a) (1) A member of the California
Highway Patrol may stop any 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, or inedible kitchen grease,
or any part thereof, is 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, or
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, or any
part thereof, 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. 4. 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.