Bill Text: CA AB226 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: County employees retirement: compensation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB226 Detail]

Download: California-2009-AB226-Amended.html

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BILL NUMBER: AB 226	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 4, 2009

   An act to amend Section 30823 of, and to add Section 30821 to, the
Public Resources Code, relating to coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 226, as amended, Ruskin. Coastal resources: California Coastal
Act of 1976: enforcement.
   (1) The California Coastal Act of 1976 requires  any
  a  person undertaking development in the coastal
zone to obtain a coastal development permit in accordance with
prescribed procedures. Existing law authorizes the superior court to
impose civil liability on  any   a  person
who performs or undertakes development that is in violation of the
act or that is inconsistent with  any   a 
previously issued coastal development permit, and on  any
  a  person who violates the act in any other
manner and authorizes  any   a  person to
maintain an action for recovery of these civil penalties.
   This bill would provide that a person who violates the act is
subject to an administrative civil penalty that may be imposed by the
California Coastal Commission by a majority vote of the
commissioners, upon consideration of various factors, in a public
hearing in an amount no less than $5,000 and no more than $50,000 for
each violation.
   This bill would provide that a person shall not be subject to both
monetary civil liability imposed by the commission and monetary
civil liability imposed by the superior court for the same act or
failure to act  unless the person fails to pay the
administrative penalty or fails to comply with an order issued by the
commission in connection with the penalty action or if the person
elects to challenge the commission's action in a court of law
 .  In the event that a person who is assessed a penalty
by the commission fails to pay the penalty, fails to comply with a
restoration or cease and desist order, or challenges any of these
actions in a court of law, the commission may maintain an action or
otherwise engage in judicial proceedings   to enforce those
requirements and the court may impose any additional civil penalties
the court deems appropriate.  This bill would also allow the
commission to file a lien on the property of a violator in the amount
of the penalty assessed by the commission if the violator fails to
pay the fine.
   (2) The act also requires that all funds derived from the payment
of a penalty are to be deposited into the Violation Remediation
Account of the Coastal Conservancy Fund, until appropriated by the
Legislature, for purposes of carrying out the act.
   This bill would instead require that all penalties derived from
the payment of a penalty be deposited into the Coastal Act Services
Fund, until appropriated by the Legislature, for the purposes of
carrying out the act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 30821 is added to the Public Resources Code, to
read:
   30821.  (a) In addition to any other penalties imposed pursuant to
this division, a person, including a landowner, who is in violation
of a provision of this division is subject to an administrative civil
penalty that may be imposed by the commission in an amount not less
than five thousand dollars ($5,000) and not to exceed fifty thousand
dollars ($50,000) for each violation.
   (b) All penalties imposed pursuant to  this subdivision
  subdivision (a)  shall be imposed by majority
vote of the commissioners present in a duly noticed public hearing.
   (c) In determining the amount of civil liability, the commission
shall take into account the factors set forth in subdivision (c) of
Section 30820.
   (d) A person shall not be subject to both monetary civil liability
imposed under this section and monetary civil liability imposed by
the superior court for the same act or failure to  act,
unless the person fails to pay the administrative penalty or fails to
comply with an order issued by the commission in connection with the
penalty action, or if the person elects to challenge the commission'
s action in a court of law.   act. In the event that a
person who is assessed a penalty under this section fails to pay the
administrative penalty, otherwise fails   to comply with a
restoration or cease and desist order issued by the commission in
connection with the penalty action, or challenges any of these
actions by the commission in a court of law, the commission may
maintain an action or otherwise engage in judicial proceedings to
enforce those requirements and the court may impose any additional
civil penalties the court deems appropriate. 
   (e) Failure to pay the fine imposed by the commission shall allow
the commission to file a lien on the property in the amount of the
penalty assessed by the commission.
  SEC. 2.  Section 30823 of the Public Resources Code is amended to
read:
   30823.   All funds derived under this article shall be deposited
in the Coastal Act Services Fund, established pursuant to subdivision
(a) of Section 30620.1, until appropriated by the Legislature, for
the purpose of carrying out this division.