SB234:v98#DOCUMENTBill Start
Amended
IN
Senate
March 21, 2017
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CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
Introduced by Senator Berryhill
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February 06, 2017 |
An act to add Section 5504 to the Fish and Game Code, relating to fishing.
LEGISLATIVE COUNSEL'S DIGEST
SB 234, as amended, Berryhill.
Fishing: local regulation: prohibition report.
The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety.
This bill would prohibit a local agency from adopting or enforcing an ordinance to regulate fishing and would provide that this
provision is declaratory of existing law. The bill would authorize any person to bring an action against a local agency for a violation of this prohibition. The bill would require the court to award attorney’s fees to a party who prevails in an action and would authorize a court to award damages, including punitive damages for a knowing violation, to an aggrieved party. require the Fish and Game Commission to undertake a survey and evaluation of local ordinances that regulate fishing and to submit the survey and evaluation to the Legislature in a report by December 31, 2018.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Fish and Game Commission shall undertake a survey and evaluation of local ordinances that regulate fishing. In the survey and evaluation, the commission shall identify and catalog these ordinances, evaluate whether these ordinances are within or outside of the scope of the holding of People v. Mueller (1970) 8 Cal.App.3d. 949 or within or outside the scope of local police powers generally, and recommend to the Legislature a course of action with regard to ordinances that the commission determines to be unlawful.(b) The commission shall submit the survey and evaluation to the Legislature
in a report by December 31, 2018.
(c) The report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.Section 5504 is added to the Fish and Game Code, to read:5504.(a)A local agency shall not adopt or enforce an ordinance to regulate fishing.
(b)Notwithstanding Section 818.2 of the Government Code, any person may bring an action, including for declaratory or injunctive relief, against a local agency for a violation of subdivision (a).
(c)The court shall award reasonable attorney’s fees to a party who prevails in an action brought pursuant to subdivision (b). In addition, the court may award damages and, notwithstanding Section 818 of the Government Code, punitive damages for a knowing violation of subdivision (a), to an aggrieved party.
(d)For purposes
of this section, “local agency” means a county, city, whether general law or chartered, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.
(e)Subdivision (a) is declaratory of existing law.