Section 12025.1 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12025.1
. (a) In addition to any penalties imposed by any other law,
a person found to have violated Section 5901 shall be liable for a
civil penalty of not more than eight thousand dollars ($8,000) for
each violation. Each day that a violation of Section 5901 occurs or
continues without a good faith effort by the person to cure the
violation after receiving notice from the department shall constitute
a separate violation.
(b) All civil penalties imposed or collected by a court for a
separate violation pursuant to this section in connection with the
production or cultivation of a controlled substance shall not be
considered to be fines or forfeitures, as described in Section 13003,
and shall be apportioned in the manner described in subdivision (d)
of Section 12025.
(c) All civil penalties imposed or collected by a court for a
separate violation pursuant to this section not in connection with
the production or cultivation of a controlled substance shall not be
considered to be fines or forfeitures, as described in Section 13003,
and shall be apportioned in the following manner:
(1) Thirty percent shall be distributed to the county in which the
violation was committed pursuant to Section 13003. The county board
of supervisors shall first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or city
attorney in investigating and prosecuting the violation.
(2) (A) Thirty percent shall be distributed to the investigating
agency to be used to reimburse the cost of any investigation directly
related to the violations described in this section.
(B) If the department receives reimbursement pursuant to this
paragraph for activities funded pursuant to subdivision (f) of
Section 4629.6 of the Public Resources Code, the reimbursement funds
shall be deposited into the Timber Regulation and Forest Restoration
Fund, created by Section 4629.3 of the Public Resources Code, if
there is an unpaid balance for a loan authorized by subdivision (f)
of Section 4629.6 of the Public Resources Code.
(3) Forty percent shall be deposited into the Fish and Game
Preservation Fund.
(d) (1) Civil penalties authorized pursuant to subdivision (a) may
be imposed administratively by the department according to the
procedures described in paragraphs (1) through (4), inclusive, of
subdivision (e) of Section 12025.
(2) The department shall adopt emergency regulations to implement
this subdivision in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of these regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
(e) All administrative penalties imposed or collected by the
department for a separate violation pursuant to this section in
connection with the production or cultivation of a controlled
substance shall not be considered to be fines or forfeitures, as
described in Section 13003, and shall be deposited according the
provisions of subdivision (f) of Section 12025.
(f) All administrative penalties imposed or collected by the
department for a separate violation pursuant to this section not in
connection with the production or cultivation of a controlled
substance shall not be considered to be fines or forfeitures, as
described in Section 13003, and shall be deposited into the Timber
Regulation and Forest Restoration Fund, created by Section 4629.3 of
the Public Resources Code, to repay any unpaid balance of a loan
authorized by subdivision (f) of Section 4629.6 of the Public
Resources Code. Any remaining funds from administrative penalties
collected pursuant to this subdivision shall be apportioned in the
following manner:
(1) Fifty percent shall be deposited into the Fish and Game
Preservation Fund.
(2) Fifty percent shall be deposited into the Timber Regulation
and Forest Restoration Fund for grants authorized pursuant to
subdivision (h) of Section 4629.6 of the Public Resources Code.
(g) For purposes of this section, "controlled substance" has the
same meaning as defined in Section 11007 of the Health and Safety
Code.