California 2017 2017-2018 Regular Session

California Assembly Bill AB2054 Amended / Bill

Filed 08/06/2018

                    Amended IN  Senate  August 06, 2018 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 28, 2018 Amended IN  Senate  June 11, 2018 Amended IN  Assembly  March 06, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2054Introduced by Assembly Member Gonzalez FletcherFebruary 06, 2018 An act to add Section 5010.8 to the Public Resources Code, relating to state parks. parks, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 2054, as amended, Gonzalez Fletcher. State parks. Under(1) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.The(2) 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.(3) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect units of the state park system from disruptive uses as soon as possible, it is necessary for this act to take immediate effect.

 Amended IN  Senate  August 06, 2018 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 28, 2018 Amended IN  Senate  June 11, 2018 Amended IN  Assembly  March 06, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2054Introduced by Assembly Member Gonzalez FletcherFebruary 06, 2018 An act to add Section 5010.8 to the Public Resources Code, relating to state parks. parks, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 2054, as amended, Gonzalez Fletcher. State parks. Under(1) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.The(2) 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.(3) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  August 06, 2018 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 28, 2018 Amended IN  Senate  June 11, 2018 Amended IN  Assembly  March 06, 2018

Amended IN  Senate  August 06, 2018
Amended IN  Senate  July 05, 2018
Amended IN  Senate  June 28, 2018
Amended IN  Senate  June 11, 2018
Amended IN  Assembly  March 06, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2054

Introduced by Assembly Member Gonzalez FletcherFebruary 06, 2018

Introduced by Assembly Member Gonzalez Fletcher
February 06, 2018

 An act to add Section 5010.8 to the Public Resources Code, relating to state parks. parks, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2054, as amended, Gonzalez Fletcher. State parks.

 Under(1) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.The(2) 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.(3) This bill would declare that it is to take effect immediately as an urgency statute.

 Under



(1) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.

This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.

The



(2) 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.

(3) This bill would declare that it is to take effect immediately as an urgency statute.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect units of the state park system from disruptive uses as soon as possible, it is necessary for this act to take immediate effect.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.

SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:

### SECTION 1.

5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.

5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.

5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.



5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses facilities or property of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.

(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.

(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after notice of the prohibition has been posted on the departments Internet Web site.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 2.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect units of the state park system from disruptive uses as soon as possible, it is necessary for this act to take immediate effect.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect units of the state park system from disruptive uses as soon as possible, it is necessary for this act to take immediate effect.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

### SEC. 3.

 In order to protect units of the state park system from disruptive uses as soon as possible, it is necessary for this act to take immediate effect.