Bill Text: CA SB234 | 2017-2018 | Regular Session | Amended
Bill Title: Fishing: local regulation: report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-09-01 - September 1 hearing: Held in committee and under submission. [SB234 Detail]
Download: California-2017-SB234-Amended.html
Amended
IN
Senate
March 21, 2017 |
Senate Bill | No. 234 |
Introduced by Senator Berryhill |
February 06, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: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.(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.