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AB-2054 State parks.(2017-2018)

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Date Published: 09/06/2018 04:00 AM
AB2054:v91#DOCUMENT

Enrolled  September 05, 2018
Passed  IN  Senate  August 31, 2018
Passed  IN  Assembly  August 31, 2018
Amended  IN  Senate  August 24, 2018
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
(Coauthor: Assembly Member Eduardo Garcia)
(Coauthors: Senators Allen, Hertzberg, Hueso, Jackson, McGuire, Monning, Stern, Stone, and Vidak)

February 06, 2018


An act to amend Section 5010.1 of the Public Resources Code, relating to state parks, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2054, 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.
Under this bill, a person or entity that engages in any for-profit activity in connection with the reservation of any overnight accommodation in any unit of the state park system, including sales activity to reserve an overnight accommodation on behalf of a 3rd party, without permission of the department or the operator of that state park system unit, would be guilty of a misdemeanor or an infraction, punishable as specified. The bill would establish a state-mandated local program by creating a new crime. 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 provide an annual update to the Legislature 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 5010.1 of the Public Resources Code is amended to read:

5010.1.
 (a) All fees, rents, and other returns for the use of any state park system area are the property of the state or the public agency operating a state park system area pursuant to an agreement entered into pursuant to Article 2 (commencing with Section 5080.30) of Chapter 1.2. However, whenever significant savings can be achieved by the department or the operating public agency, the department or the public agency may enter into a contract with a concessionaire, lessee, or other natural person, corporation, partnership, or association for the collection of fees, rents, or other returns on behalf of the state or the public agency. The contract may provide for the retention of a portion of any fee, rent, or other return as reimbursement for the cost of collection.
(b) Whenever significant savings can be achieved, the department may enter into a contract with any natural person, corporation, partnership, or association for the operation of a reservation system for the state park system and for the collection of state park fees in connection therewith. The contract may provide for the retention of a portion of every fee or the imposition of a surcharge as reimbursement for the cost of providing that service.
(c) (1) Any person or entity that engages in any for-profit activity in connection with the reservation of any overnight accommodation in any unit of the state park system, including sales activity to reserve an overnight accommodation on behalf of a third party, without permission of the department or the operator of that state park system unit, is guilty of either a misdemeanor or an infraction, punishable as follows:
(A) For a misdemeanor, by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for each violation.
(B) For an infraction, by a fine not exceeding one thousand dollars ($1,000) for each violation.
(2) 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 of this subdivision and enforce this subdivision.
(3) It is the intent of the Legislature that the department provide an annual update on the implementation of this subdivision to the Legislature.
(4) This subdivision 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.