BILL ANALYSIS �
AB 2284
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2284 (Chesbro) - As Amended: May 14, 2012
Policy Committee: Public
SafetyVote: 6-0
Water, Parks, Wildlife 13-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
As proposed to be amended, this bill:
1)Provides, in addition to existing penalties, a person in
violation of provisions of the Fish and Game Code relating to
streambed alteration, water pollution, or refuse disposal in
waters, in connection with marijuana cultivation on a unit of
the state park system, state forest, or timberland shall be
liable for a civil penalty as follows:
a) For streambed alterations: $10,000.
b) For water pollution: $40,000.
c) For refuse disposal: $40,000.
2)Specifies civil penalties for these violations shall not be
considered fines or forfeitures, and shall be allocated as
follows:
a) 30% to the county in which the violation occurred to
reimburse the prosecutor for costs.
b) 30% to the investigating agency to reimburse for direct
costs of the investigation.
c) 40% to the investigating agency for reimbursement of
site cleanup costs.
3)Authorizes CHP or the Sheriff's Department to stop a vehicle
transporting agricultural irrigation supplies that are in
plain view on a rock or unpaved road within the jurisdiction
of a state park, state forest, federal forest, or on
timberland, and inspect bills of lading, shipping papers or
AB 2284
Page 2
other evidence to determine whether the driver is in legal
possession of the load, and upon reasonable belief that the
driver is not in legal possession, to take custody of the
vehicle and the load and turn them over to the sheriff's
Department, which shall safeguard the supplies and
investigate.
4)Specifies legislative intent that this bill does not
contradict purposes of the Compassionate Use Act of 1996
(medical marijuana).
FISCAL EFFECT
1)Unknown, potentially reimbursable local law enforcement costs
for the costs of storing confiscated materials. Though the
bill states that any expense incurred by the sheriff in the
performance of duties under this bill is the responsibility of
the county, this statement does not preclude mandate claims to
the commission on state mandates. Nevertheless, any claims
would likely be minor.
2)Unknown, likely minor local fine revenue.
COMMENTS
1)Rationale . The author is responding to ongoing problems with
marijuana cultivation on state lands. This bill increases
civil penalties for three commonly charged violations
associated with marijuana cultivation - streambed alteration,
water pollution and refuse disposal. Increasing the penalties
for these violations is meant to allow law enforcement
agencies responsible for investigation, enforcement and
clean-up to recover some portion of their costs.
According to the author, "Illegal marijuana cultivation on
resource land has become a significant problem in my district
and many other parts of the state. Growing marijuana on state
and private resource land presents a public safety and
environmental hazard. People can no longer rely on these
lands as a safe place to recreate and large scale damage is
being done to the immediate grow site and surrounding areas.
Law Enforcement Agencies have limited resources like so many
other services in this economic climate."
2)Vehicle Stops Are Seizures and Must Comport with the Fourth
AB 2284
Page 3
Amendment. The Assembly Public Safety Analysis includes a full
discussion of the issues related to the seizure provision of
this bill, noting the U.S. Supreme Court has stated, "The
Fourth Amendment guarantees 'the right of the people to be
secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures.' Temporary detention of
individuals during the stop of an automobile by the police,
even if only for a brief period and for a limited purpose,
constitutes a 'seizure' of 'persons' within the meaning of
this provision. An automobile stop is thus subject to the
constitutional imperative that it not be 'unreasonable' under
the circumstances." �Whren v. United States, 517 U.S. 806,
809-810 (U.S. 1996).]
The provision authorizing CHP or the Sheriffs' Department to
stop and search a vehicle carrying agricultural irrigation
supplies is modeled after current law, which allows CHP to
stop any vehicle transporting any timber products, livestock,
poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease, and inspect shipping 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, take custody
of the vehicle and load and turn it over to the sheriff.
3)Author's amendments are clarifying .
4)Related Legislation . AB 237 (Carter), 2009, allowed law
enforcement to stop a vehicle, without a warrant or probable
cause, while transporting metal products and inspect certain
documents 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. AB 237 failed in Senate
Public Safety.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
�
AB 2284
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2284 (Chesbro) - As Amended: May 14, 2012
Policy Committee: Public
SafetyVote: 6-0
Water, Parks, Wildlife 13-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
As proposed to be amended, this bill:
1)Provides, in addition to existing penalties, a person in
violation of provisions of the Fish and Game Code relating to
streambed alteration, water pollution, or refuse disposal in
waters, in connection with marijuana cultivation on a unit of
the state park system, state forest, or timberland shall be
liable for a civil penalty as follows:
a) For streambed alterations: $10,000.
b) For water pollution: $40,000.
c) For refuse disposal: $40,000.
2)Specifies civil penalties for these violations shall not be
considered fines or forfeitures, and shall be allocated as
follows:
a) 30% to the county in which the violation occurred to
reimburse the prosecutor for costs.
b) 30% to the investigating agency to reimburse for direct
costs of the investigation.
c) 40% to the investigating agency for reimbursement of
site cleanup costs.
3)Authorizes CHP or the Sheriff's Department to stop a vehicle
transporting agricultural irrigation supplies that are in
plain view on a rock or unpaved road within the jurisdiction
of a state park, state forest, federal forest, or on
timberland, and inspect bills of lading, shipping papers or
AB 2284
Page 2
other evidence to determine whether the driver is in legal
possession of the load, and upon reasonable belief that the
driver is not in legal possession, to take custody of the
vehicle and the load and turn them over to the sheriff's
Department, which shall safeguard the supplies and
investigate.
4)Specifies legislative intent that this bill does not
contradict purposes of the Compassionate Use Act of 1996
(medical marijuana).
FISCAL EFFECT
1)Unknown, potentially reimbursable local law enforcement costs
for the costs of storing confiscated materials. Though the
bill states that any expense incurred by the sheriff in the
performance of duties under this bill is the responsibility of
the county, this statement does not preclude mandate claims to
the commission on state mandates. Nevertheless, any claims
would likely be minor.
2)Unknown, likely minor local fine revenue.
COMMENTS
1)Rationale . The author is responding to ongoing problems with
marijuana cultivation on state lands. This bill increases
civil penalties for three commonly charged violations
associated with marijuana cultivation - streambed alteration,
water pollution and refuse disposal. Increasing the penalties
for these violations is meant to allow law enforcement
agencies responsible for investigation, enforcement and
clean-up to recover some portion of their costs.
According to the author, "Illegal marijuana cultivation on
resource land has become a significant problem in my district
and many other parts of the state. Growing marijuana on state
and private resource land presents a public safety and
environmental hazard. People can no longer rely on these
lands as a safe place to recreate and large scale damage is
being done to the immediate grow site and surrounding areas.
Law Enforcement Agencies have limited resources like so many
other services in this economic climate."
2)Vehicle Stops Are Seizures and Must Comport with the Fourth
AB 2284
Page 3
Amendment. The Assembly Public Safety Analysis includes a full
discussion of the issues related to the seizure provision of
this bill, noting the U.S. Supreme Court has stated, "The
Fourth Amendment guarantees 'the right of the people to be
secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures.' Temporary detention of
individuals during the stop of an automobile by the police,
even if only for a brief period and for a limited purpose,
constitutes a 'seizure' of 'persons' within the meaning of
this provision. An automobile stop is thus subject to the
constitutional imperative that it not be 'unreasonable' under
the circumstances." �Whren v. United States, 517 U.S. 806,
809-810 (U.S. 1996).]
The provision authorizing CHP or the Sheriffs' Department to
stop and search a vehicle carrying agricultural irrigation
supplies is modeled after current law, which allows CHP to
stop any vehicle transporting any timber products, livestock,
poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease, and inspect shipping 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, take custody
of the vehicle and load and turn it over to the sheriff.
3)Author's amendments are clarifying .
4)Related Legislation . AB 237 (Carter), 2009, allowed law
enforcement to stop a vehicle, without a warrant or probable
cause, while transporting metal products and inspect certain
documents 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. AB 237 failed in Senate
Public Safety.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081