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ASSEMBLY BILL 1386 (CORTESE 1991)

CHAPTER 844, STATUTES OF 1991 AB 1386

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Fish and Game Code sections 1603.1 and 5650.1 were added with the passage of Assembly Bill 1386 of 1991.  (See Exhibit #1e)  Assembly member Dominic L. Cortese introduced the measure on March 7, 1991 at the request of the California District Attorneys Association.  (See Exhibits #1a and #13, document A-29)

 

Assembly Bill 1386 was assigned to the Assembly Committee on Water, Parks, and Wildlife for consideration of the policy issues raised by the bill.  (See Exhibit #3)  After approval by that Committee, the Assembly Committee on Ways and Means examined its fiscal ramifications.  (See Exhibit #4)  The Assembly amended the bill on May 13, 1991.  (See Exhibits #1b and #2)  Assembly Bill 1386 was approved by the Assembly and forwarded to the Senate on June 19, 1991.  (See Exhibit #2)

 

While in the Senate, the Committee on Judiciary heard the policy issues presented by the bill.  (See Exhibit #8)  Subsequent to approval by that Committee, Assembly Bill 1386 was assigned to the Senate Committee on Appropriations which examined its fiscal implications.  Two amendments were made to Assembly Bill 1386 by the Senate, on August 20 and August 30, 1991.  (See Exhibits #1c, #1d, and #2)  The Senate voted to pass the bill on September 4, 1991.  (See Exhibit #2)

 

The Assembly approved the Senate amendments and forwarded Assembly Bill 1386 to the Governor on September 25, 1991.  Governor Pete Wilson signed the bill on October 11, 1991, and it was recorded by the Secretary of State as Chapter 844 of the Statutes of 1991.  (See Exhibits #1e and #2)

 

A digest of Assembly Bill 1386 is provided in the Third Reading analysis of the bill as last amended prepared by the Office of Senate Floor Analyses as follows:

 

This bill provides that the obstruction, diversion, or pollution of a waterway subject the offender to a civil penalty of up to $25,000 for each violation.

 

This bill provides that a restraining order or injunction against such actions be issuable without initial proof of irreparable damage to fish and wildlife.

(See Exhibit #10, page 1)