BILL ANALYSIS �
AB 2284
Page 1
ASSEMBLY THIRD READING
AB 2284 (Chesbro)
As Amended May 14, 2012
Majority vote
PUBLIC SAFETY 6-0 WATER, PARKS & WILDLIFE 13-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Huffman, Halderman, Bill |
| |Hagman, Mitchell, Skinner | |Berryhill, Blumenfield, |
| | | |Campos, Fong, |
| | | |Beth Gaines, Williams, |
| | | |Roger Hern�ndez, Hueso, |
| | | |Jones, Lara, Yamada |
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APPROPRIATIONS 12-1
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Imposes an additional civil penalty for cultivating
marijuana within a state park, and allows law enforcement to
stop any vehicle transporting agricultural irrigation supplies
into a specified area, if agricultural irrigation supplies are
in plain view. Specifically, this bill :
1)States that 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.
2)States that 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
was the murder of Fort Bragg City Council Member Jere Melo who
AB 2284
Page 2
surveyed the forest for illegal marijuana growth in connection
with local law enforcement and was killed in the course of his
job.
3)States that marijuana grow sites often are constructed without
regard for the environment or wildlife.
4)States that 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.
5)States that many illegal marijuana grow sites 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.
6)Requires that an individual who is found to have violated
specified sections of the Fish and Game Code in connection
with cultivation or production of a controlled substance
within the respective jurisdiction of the Department of Parks
and Recreation, the Department of Fish and Game, the
Department of Forestry and Fire Protection, the United States
Forest Service, or the Bureau of Land Management, or within
the respective ownership of specified timberland preserve
zones, shall be liable for a civil penalty in the following
amounts:
a) Not more than $10,000 for a person who violates Fish and
Game Code Section 1602 in connection with the cultivation
or production of a controlled substance;
b) Not more than $40,000 for a person who violates Fish and
Game Code Section 5650 in connection with the cultivation
or production of a controlled substance; or,
c) Not more than $40,000 for a person who violates Fish and
Game Code Section 5652 in connection with the cultivation
or production of a controlled substance.
7)States that a civil penalty imposed under this section is in
addition to any other penalty imposed.
AB 2284
Page 3
8)States that the civil penalties collected pursuant to this
section are not considered to be fines or forfeitures, and
shall be apportioned as follows:
a) 30% must be distributed to the county in which the
violation was committed. The county board of supervisors
must first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or
city attorney investigating and prosecuting the violation;
b) 30% must be distributed to the investigating agency to
be used to reimburse the cost of any investigation directly
related to the violations described in this section; and,
c) 40% must be distributed to the agency performing the
clean up or abatement of the cultivation or production site
for the reimbursement of all reasonable costs associated
with the clean up or abatement.
9)Allows the California Highway Patrol, sheriff or deputy
sheriff to stop any vehicle transporting agricultural
irrigation supplies that are in plain view to inspect the
bills of lading, shipping or delivery papers, or other
evidence to determine whether the driver is in legal
possession of the load, if the vehicle is on a rock road or
unpaved road as follows:
a) Located within the respective jurisdiction of the
Department of Parks and Recreation, the Department of Fish
and Game, the Department of Forestry and Fire Protection,
the United States Forest Service, or the Bureau of Land
Management; or,
b) Located within the respective ownership of a timberland
preserve zone, as specified, either that is larger than
50,000 acres or for which the owner has given express
written permission for a vehicle to be stopped within that
zone pursuant to this section.
10)Requires a law enforcement officer who has reasonable belief
that the driver of the vehicle is not in legal possession of
the agricultural irrigation supplies, to take custody of the
vehicle and load and turn them over to the custody of the
sheriff of the county where the supplies are apprehended.
AB 2284
Page 4
11)Requires the sheriff to receive and provide for the
safekeeping of any agricultural irrigation supplies seized,
and proceed, with the California Highway Patrol, with an
investigation and its legal disposition.
12)States that 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.
13)States that a peace officer shall not cause impoundment of
the vehicle stopped pursuant to this section if the only
offense is driving without a license, as specified. If an
officer does encounter a driver without a license, the peace
officer shall make a reasonable attempt to identify the
registered owner of the vehicle. If the owner is present, or
the officer is able to identify the registered owner and
secure his or her authorization to release the vehicle to a
licensed driver, the vehicle shall be released to either the
registered owner or to the licensed driver authorized by the
owner.
14)Defines "agricultural irrigation supplies" as including
agricultural irrigation water bladder and drip irrigation
tubing.
EXISTING LAW :
1)Allows a member of the California Highway Patrol to stop any
vehicle transporting any timber products, livestock, poultry,
farm produce, 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 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 apprehended.
2)States that 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
AB 2284
Page 5
inedible kitchen grease, or any part thereof, and immediately,
in cooperation with the department, proceed with an
investigation and its legal disposition.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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 : 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. The focus of many
agencies finite resources have shift to marijuana enforcement
from their original mission. This bill would give law
enforcement agencies the tools to prevent the establishment of
illegal marijuana grow sites on resource land and to recuperate
some of the resources spent to investigate, eradicate and clean
up grow sites."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0003758
AB 2284
Page 6
�
AB 2284
Page 1
ASSEMBLY THIRD READING
AB 2284 (Chesbro)
As Amended May 14, 2012
Majority vote
PUBLIC SAFETY 6-0 WATER, PARKS & WILDLIFE 13-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Huffman, Halderman, Bill |
| |Hagman, Mitchell, Skinner | |Berryhill, Blumenfield, |
| | | |Campos, Fong, |
| | | |Beth Gaines, Williams, |
| | | |Roger Hern�ndez, Hueso, |
| | | |Jones, Lara, Yamada |
-----------------------------------------------------------------
APPROPRIATIONS 12-1
-----------------------------------------------------------------
|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Imposes an additional civil penalty for cultivating
marijuana within a state park, and allows law enforcement to
stop any vehicle transporting agricultural irrigation supplies
into a specified area, if agricultural irrigation supplies are
in plain view. Specifically, this bill :
1)States that 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.
2)States that 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
was the murder of Fort Bragg City Council Member Jere Melo who
AB 2284
Page 2
surveyed the forest for illegal marijuana growth in connection
with local law enforcement and was killed in the course of his
job.
3)States that marijuana grow sites often are constructed without
regard for the environment or wildlife.
4)States that 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.
5)States that many illegal marijuana grow sites 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.
6)Requires that an individual who is found to have violated
specified sections of the Fish and Game Code in connection
with cultivation or production of a controlled substance
within the respective jurisdiction of the Department of Parks
and Recreation, the Department of Fish and Game, the
Department of Forestry and Fire Protection, the United States
Forest Service, or the Bureau of Land Management, or within
the respective ownership of specified timberland preserve
zones, shall be liable for a civil penalty in the following
amounts:
a) Not more than $10,000 for a person who violates Fish and
Game Code Section 1602 in connection with the cultivation
or production of a controlled substance;
b) Not more than $40,000 for a person who violates Fish and
Game Code Section 5650 in connection with the cultivation
or production of a controlled substance; or,
c) Not more than $40,000 for a person who violates Fish and
Game Code Section 5652 in connection with the cultivation
or production of a controlled substance.
7)States that a civil penalty imposed under this section is in
addition to any other penalty imposed.
AB 2284
Page 3
8)States that the civil penalties collected pursuant to this
section are not considered to be fines or forfeitures, and
shall be apportioned as follows:
a) 30% must be distributed to the county in which the
violation was committed. The county board of supervisors
must first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or
city attorney investigating and prosecuting the violation;
b) 30% must be distributed to the investigating agency to
be used to reimburse the cost of any investigation directly
related to the violations described in this section; and,
c) 40% must be distributed to the agency performing the
clean up or abatement of the cultivation or production site
for the reimbursement of all reasonable costs associated
with the clean up or abatement.
9)Allows the California Highway Patrol, sheriff or deputy
sheriff to stop any vehicle transporting agricultural
irrigation supplies that are in plain view to inspect the
bills of lading, shipping or delivery papers, or other
evidence to determine whether the driver is in legal
possession of the load, if the vehicle is on a rock road or
unpaved road as follows:
a) Located within the respective jurisdiction of the
Department of Parks and Recreation, the Department of Fish
and Game, the Department of Forestry and Fire Protection,
the United States Forest Service, or the Bureau of Land
Management; or,
b) Located within the respective ownership of a timberland
preserve zone, as specified, either that is larger than
50,000 acres or for which the owner has given express
written permission for a vehicle to be stopped within that
zone pursuant to this section.
10)Requires a law enforcement officer who has reasonable belief
that the driver of the vehicle is not in legal possession of
the agricultural irrigation supplies, to take custody of the
vehicle and load and turn them over to the custody of the
sheriff of the county where the supplies are apprehended.
AB 2284
Page 4
11)Requires the sheriff to receive and provide for the
safekeeping of any agricultural irrigation supplies seized,
and proceed, with the California Highway Patrol, with an
investigation and its legal disposition.
12)States that 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.
13)States that a peace officer shall not cause impoundment of
the vehicle stopped pursuant to this section if the only
offense is driving without a license, as specified. If an
officer does encounter a driver without a license, the peace
officer shall make a reasonable attempt to identify the
registered owner of the vehicle. If the owner is present, or
the officer is able to identify the registered owner and
secure his or her authorization to release the vehicle to a
licensed driver, the vehicle shall be released to either the
registered owner or to the licensed driver authorized by the
owner.
14)Defines "agricultural irrigation supplies" as including
agricultural irrigation water bladder and drip irrigation
tubing.
EXISTING LAW :
1)Allows a member of the California Highway Patrol to stop any
vehicle transporting any timber products, livestock, poultry,
farm produce, 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 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 apprehended.
2)States that 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
AB 2284
Page 5
inedible kitchen grease, or any part thereof, and immediately,
in cooperation with the department, proceed with an
investigation and its legal disposition.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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 : 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. The focus of many
agencies finite resources have shift to marijuana enforcement
from their original mission. This bill would give law
enforcement agencies the tools to prevent the establishment of
illegal marijuana grow sites on resource land and to recuperate
some of the resources spent to investigate, eradicate and clean
up grow sites."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0003758
AB 2284
Page 6