Bill Text: CA SB1032 | 2019-2020 | Regular Session | Introduced

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Bill Title: State parks: Off-Highway Motor Vehicle Recreation Commission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-18 - March 24 hearing postponed by committee. [SB1032 Detail]

Download: California-2019-SB1032-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1032

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Introduced by Senator Allen

February 14, 2020

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An act to amend Section 5090.15 of, and to repeal Section 5090.16 of, the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL'S DIGEST

SB 1032, as introduced, Allen. State parks: Off-Highway Motor Vehicle Recreation Commission.

The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Off-Highway Motor Vehicle Recreation Commission within the Department of Parks and Recreation until January 1, 2023. Under existing law, the commission comprises 9 appointed members who represent off-highway vehicle recreation interests, biological or soil scientists, groups or associations of predominantly rural landowners, law enforcement, environmental protection organizations, or nonmotorized recreation interests, as specified. Existing law requires the department, by December 31, 2018, to convene a stakeholder process to make recommendations to the Governor and the Legislature regarding ways to implement these provisions and to submit these recommendations to the Governor and the Legislature on or before January 1, 2020.

This bill would make the creation of the commission permanent by deleting the January 1, 2023, repeal date. The bill would require the commission members to instead have expertise in and represent off-highway vehicle recreation, environmental protection, motorized access to nonmotorized recreation, law enforcement, environmental restoration, public health and safety, rural landowners and residents, biological or soil specialization, or the public at-large. The bill would require the appointing entities to make every effort to appoint individuals who have expertise in and represent each of those interests, and to consider the diversity, including race, color, religion, sex, ancestry, national origin, disability, and other protected classifications, of the commissioners to ensure the commission represents all Californians. The bill would delete the requirements relating to the stakeholder process and the submission of the associated recommendations.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 5090.15 of the Public Resources Code is amended to read:

5090.15.

 (a) There is in the department the Off-Highway Motor Vehicle Recreation Commission, consisting of nine members, five of whom shall be appointed by the Governor and subject to Senate confirmation, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly.

(b) In order to be appointed to the commission, a nominee shall have expertise in and represent one or more of the following groups: interests:

(1) Off-highway vehicle recreation interests. recreation.

(2) Biological or soil scientists. Environmental protection.

(3) Groups or associations of predominantly rural landowners. Motorized access to nonmotorized recreation.

(4) Law enforcement.

(5) Environmental protection organizations. restoration.

(6) Nonmotorized recreation interests. Public health and safety.

(7) Rural landowners or residents.

(8) Biological or soil specialization.

(9) The public at-large.

(c)It is the intent of the Legislature that appointees to the commission represent all of the groups delineated in paragraphs (1) to (6) of subdivision (b), inclusive, to the extent possible.

(d)

(c) In making an appointment to the commission, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall do all of the following:

(1) Make every effort to appoint an individual who has expertise in and represents one of the interests described in subdivision (b) that is otherwise unrepresented on the commission.

(2) If multiple interests described in subdivision (b) are unrepresented on the commission, prioritize the appointment of an individual who represents the interest with the lowest paragraph number.

(3) Consider the places of residence and diversity, including race, color, religion, sex, ancestry, national origin, disability, and other protected classifications under the Unruh Civil Rights Act (Section 51 of the Civil Code), of the commissioners to ensure statewide representation and that the commission represents all Californians.

(d) Whenever a reference is made to the State Park and Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park and Recreation Commission with respect to the state vehicular recreation areas, as established by this chapter, it is a reference to, and means, the Off-Highway Motor Vehicle Recreation Commission.

(e)By December 31, 2018, the department shall convene a stakeholder process to make recommendations to the Governor and the Legislature regarding ways to implement this section. The stakeholder process may consider a variety of recommendations, including, but not limited to, ways to achieve a diverse commission, including the geographic diversity of California, as well as the diversity of all Californians, including, but not limited to, the special needs of all who participate in off-highway vehicular recreation, and ways to achieve diverse public participation in the commission process. The department shall submit these recommendations to the Governor and the Legislature on or before January 1, 2020.

(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 2.

 Section 5090.16 of the Public Resources Code is repealed.

5090.16.

In making appointments to the commission, the Governor, Senate Committee on Rules, and Speaker of the Assembly shall consider the places of residence of the members of the commission in order to ensure statewide representation.