Denise Moreno Ducheny
- Democratic
Author
(1) Existing law prohibits a person from knowingly and willfully excavating upon, or removing, destroying, injuring, or defacing, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological, or historical feature, situated on public lands, as defined. A violation of this prohibition is a misdemeanor, punishable by up to 6 months in county jail. This bill would, instead, make that violation punishable by a fine not exceeding $10,000, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment, thereby imposing a state-mandated local program by increasing the term of imprisonment for such a violation. The bill would require a court to order restitution to the state agency, conservancy, or other instrumentality of the state that has primary management authority over the public lands where the violation occurred or to the city, county, district, or other local agency owning or having jurisdiction over the public lands where the violation occurred. The bill would establish procedures for determining the commercial and archaeological value of those resources and the cost of restoration and repair. The bill would continuously appropriate the restitution funds received under these provisions by a state agency for expenditure only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. The bill would require the restitution funds received by a local agency to be expended by that local agency only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. The bill would also require the forfeiture of the archaeological resources that were the subject of the violation and authorize the forfeiture of the vehicles and equipment used in connection with the violation. (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.
Chaptered by Secretary of State. Chapter 635, Statutes of 2010.
Approved by Governor.
To Governor at 11:30 a.m.
Correctly enrolled. Held at Desk pursuant to Joint Rule 57.
Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4648.) To enrollment.
Read third time. Passed. (Ayes 78. Noes 0. Page 6178.) To Senate.
In Senate. To unfinished business.
Read second time. To Consent Calendar.
(Heard in committee on August 4.)
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
Hearing postponed by committee.
From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) Re-referred to Com. on APPR.
(Heard in committee on June 22.)
To Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 0. Page 3475.) To Assembly.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Set for hearing May 3.
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 3308.) Re-referred to Com. on APPR.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.
Set for hearing April 20.
From committee: Do pass, but first be re-referred to Com. on PUB. S. (Ayes 6. Noes 3. Page 3001.) Re-referred to Com. on PUB. S.
Set for hearing March 23.
To Coms. on N.R. & W. and PUB. S.
From print. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1034 | HTML |
| 02/12/10 - Introduced | |
| 04/14/10 - Amended Senate | |
| 08/02/10 - Amended Assembly | |
| 08/23/10 - Enrolled | |
| 09/30/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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