AB 223 — Wildlife: dudleya: taking and possession.

Summary

The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, and based solely upon the best available scientific information, that the action is warranted. The commission has listed certain species of dudleya as threatened or endangered under the act. Existing law prohibits a person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state any endangered or threatened species, except as provided, and imposes specified penalties for a violation of this provision. This bill would make it unlawful to uproot, remove, harvest, or cut dudleya, as defined, from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession, except as provided, and would make it unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of that provision. The bill would require a violation of those provisions, or any rule, regulation, or order adopted pursuant to those provisions, to be a misdemeanor punishable by a specified fine, imprisonment in a county jail for not more than 6 months, or both the fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. Upon conviction or other entry of judgment for a violation of these provisions, the bill would require any seized dudleya to be forfeited to the Department of Fish and Wildlife, and would authorize the court to impose, in addition to, and separate from, any criminal penalty, the cost of replanting any dudleya forfeited to the department. The bill would require the prosecution of an offense punishable under these provisions to be commenced within 3 years after commission of the offense. The bill would also set forth legislative findings and declarations relating to dudleya poaching. 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.

Bill Text

• Chaptered 09/28/21 - Chaptered Current pdf September 28, 2021
• Enrolled 09/09/21 - Enrolled pdf September 09, 2021
• Amended 07/15/21 - Amended Senate pdf July 15, 2021
• Amended 05/24/21 - Amended Assembly pdf May 24, 2021
• Introduced 01/11/21 - Introduced pdf January 11, 2021
• AB223 View text html

Action History

1. September 28, 2021

   Chaptered by Secretary of State - Chapter 370, Statutes of 2021.

2. September 28, 2021

   Approved by the Governor.

3. September 13, 2021

   Enrolled and presented to the Governor at 3 p.m.

4. September 07, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2841.).

5. September 03, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

6. September 03, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2388.).

7. August 31, 2021

   Ordered to special consent calendar.

8. August 26, 2021

   Read second time. Ordered to third reading.

9. August 26, 2021

   From committee: Do pass. (Ayes 7. Noes 0.) (August 26).

10. August 16, 2021

    In committee: Referred to suspense file.

11. July 15, 2021

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

12. July 14, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 13).

13. June 29, 2021

    From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 0. Page 1719.) (June 29). Re-referred to Com. on PUB. S.

14. June 09, 2021

    Referred to Coms. on N.R. & W. and PUB. S.

15. June 02, 2021

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

16. June 01, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1751.)

17. May 25, 2021

    Read second time. Ordered to third reading.

18. May 24, 2021

    Read second time and amended. Ordered returned to second reading.

19. May 20, 2021

    From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 20).

20. April 28, 2021

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. April 12, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 8). Re-referred to Com. on APPR.

22. January 28, 2021

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

23. January 12, 2021

    From printer. May be heard in committee February 11.

24. January 11, 2021

    Read first time. To print.

Sponsors

• Christopher M. Ward · Primary

Votes

Subjects