Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-2054 State parks.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 08/15/2018 09:00 PM
AB2054:v93#DOCUMENT

Amended  IN  Senate  August 15, 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— 2017–2018 REGULAR SESSION

Assembly Bill No. 2054


Introduced by Assembly Member Gonzalez Fletcher
(Coauthors: Senators Allen, Hertzberg, Hueso, Jackson, McGuire, Monning, Stern, Stone, and Vidak)

February 06, 2018


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2054, as amended, Gonzalez Fletcher. State parks.
(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 or entity from engaging in any for-profit activity in connection with the use reservation of any overnight accommodation in any unit of the state park system system, including any sales activity to reserve an overnight accommodation on behalf of a 3rd party, without receiving prior approval of from the department or the governing body of the unit. The bill would make department. Under the bill, a violation of person or entity who violates the prohibition an infraction would be guilty of a misdemeanor or an infraction, punishable by a fine of not less than treble the amount of profit made directly from the violation. as specified. The bill would establish a state-mandated local program by creating a new infraction. crime. 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 department’s Internet Web site. The bill would express the intent of the Legislature that the department consult with experts in the public and private sectors, as specified, on the effective implementation of this provision, and annually update the State Park and Recreation Commission on the implementation of this provision.
(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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 or entity shall engage in any for-profit activity in connection with the use reservation of any overnight accommodation in any unit of the state park system without receiving prior approval from the department or the governing body of the unit. department. This prohibition includes, but is not limited to, any includes 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. to reserve an overnight accommodation on behalf of a third party.
(b) A person who or entity that 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. as provided in subdivision (d) of Section 5008 for each violation. It is the intent of the Legislature that the department consult with all appropriate experts in the public and private sectors, including experts on information technology, to determine how to effectively identify violations and enforce this section.
(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 department’s Internet Web site.
(d) It is the intent of the Legislature that the department provide to the State Park and Recreation Commission an annual update on the implementation of this section.
(e) This section does not prohibit a person or entity from transferring or reselling, at purchase price, or receiving a refund for, a reservation made by that person or entity in good faith, pursuant to applicable departmental guidelines.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B 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.