AB 2179 — Fish and game: enforcement and penalties.

Summary

Existing law authorizes the Fish and Game Commission, or any person appointed by the commission, to conduct a hearing, to cause the deposition of witnesses, as prescribed, and to compel the attendance of witnesses and the production of documents and papers, in accordance with certain requirements. This bill would, until January 1, 2018, eliminate the prohibition that the commission not revoke or suspend any license or permit until specified regulations have been adopted and approved, as specified. This bill would, until January 1, 2018, also eliminate the provision that any deliberation conducted by the commission, or conducted by any person appointed by the commission to conduct a hearing, is required to be conducted pursuant to the law governing administrative adjudication. Existing law requires the commission to adopt guidelines, by regulation, to assist the director and the department in ascertaining the amount of specified civil penalties, as prescribed. This bill would make these provisions inoperative until January 1, 2018. Existing law permits the Department of Fish and Game to impose civil liability upon any person for specified acts, with prescribed exceptions, done for profit or personal gain, for unlawfully exporting, importing, possessing, receiving, or transporting in interstate commerce any container or package containing any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish unless the container is marked as prescribed, and for any unlawful failure or refusal to maintain any records or paperwork as required. Under existing law, the department may assess a civil penalty of not more than $10,000 for each bird, mammal, amphibian, reptile, or fish, or for each endangered or threatened species, or each fully protected bird, mammal, or fish unlawfully taken, possessed, transported, imported, received, purchased, acquired, or sold, in addition to any other applicable penalty. Existing law also requires the department to consult with the district attorney in the jurisdiction where a violation is alleged to have occurred and, before proceeding with a civil action, to seek the concurrence of the Attorney General, as described. Existing law permits the Director of Fish and Game to issue a complaint to any person on whom a civil penalty may be imposed, in accordance with specified provisions, and requires a referee or hearing board, as provided for, to conduct any required hearing. This bill would make these provisions inoperative until January 1, 2018. This bill would instead permit the department to impose administrative civil penalties, determined as prescribed, upon any person who has violated any provision of the Fish and Game Code or regulations adopted pursuant to the code that are subject to prescribed civil penalties. This bill would require the department to adopt regulations to provide guidance in assessing these civil penalties. This bill would require, prior to the imposition of administrative penalties, a person to be given a written notice of the proposed action. This bill would require a person who receives notice of a proposed penalty to have the right to request a hearing before the department in accordance with specified procedures. This bill would permit the department to take the action proposed without a hearing if a hearing is not requested. This bill would permit a person to appeal to the director if administrative penalties are imposed upon that person, as prescribed. This bill would permit a person served with a copy of an order setting the amount of a civil penalty to file with the superior court a petition for a writ of mandate for review of the order, as specified. This bill would permit the department to file a certified copy of the final decision that directs payment of an administrative penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus with the clerk of the superior court of any county, would require the clerk to enter judgment, and would prohibit the clerk from charging fees for the performance of any official service required in connection with this entry of judgment. This bill would require any administrative penalties received pursuant to these provisions to be deposited into the Fish and Game Preservation Fund. This bill would repeal these provisions as of January 1, 2018. Existing law, the California Public Records Act, requires any public record of a state or local agency to be open to inspection at all times during office hours of the agency and, upon request, a copy be made promptly available to any person upon payment of copying costs. The act makes certain records exempt from disclosure. This bill would, until January 1, 2018, and after all appeals are final, provide that records of the appeal to the director are public records, as defined by the act.

Bill Text

• Amended 08/21/12 - Amended Senate Current pdf August 21, 2012
• Amended 08/08/12 - Amended Senate pdf August 08, 2012
• Amended 07/03/12 - Amended Senate pdf July 03, 2012
• Amended 05/25/12 - Amended Assembly pdf May 25, 2012
• Amended 04/26/12 - Amended Assembly pdf April 26, 2012
• Amended 04/18/12 - Amended Assembly pdf April 18, 2012
• Introduced 02/23/12 - Introduced pdf February 23, 2012
• AB2179 View text html

Action History

1. August 31, 2012

   Ordered to inactive file at the request of Senator Kehoe.

2. August 30, 2012

   Reconsideration granted. (Ayes 38. Noes 0. Page 5035.)

3. August 30, 2012

   Motion to reconsider made by Senator Kehoe.

4. August 30, 2012

   Read third time. Refused passage. (Ayes 11. Noes 23. Page 5035.).

5. August 21, 2012

   Read second time and amended. Ordered to third reading.

6. August 20, 2012

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

7. August 08, 2012

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

8. August 06, 2012

   In committee: Set, first hearing. Hearing canceled at the request of author.

9. July 03, 2012

   Read second time and amended. Re-referred to Com. on APPR.

10. July 02, 2012

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 26).

11. June 14, 2012

    Referred to Com. on N.R. & W.

12. May 31, 2012

    In Senate. Read first time. To Com. on RLS. for assignment.

13. May 30, 2012

    Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 28. Page 5143.)

14. May 29, 2012

    Read second time. Ordered to third reading.

15. May 25, 2012

    Read second time and amended. Ordered to second reading.

16. May 24, 2012

    From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 16).

17. April 30, 2012

    Re-referred to Com. on APPR.

18. April 26, 2012

    Read second time and amended.

19. April 25, 2012

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (April 24).

20. April 19, 2012

    Re-referred to Com. on W., P. & W.

21. April 18, 2012

    From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P. & W. Read second time and amended.

22. March 12, 2012

    Referred to Com. on W., P. & W.

23. February 24, 2012

    From printer. May be heard in committee March 25.

24. February 23, 2012

    Read first time. To print.

Sponsors

• Travis Allen · Primary

Votes

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