BILL NUMBER: SB 1582 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Simitian
FEBRUARY 22, 2008
An act to amend Section 830.3 of the Penal Code, and to add
Chapter 4.5 (commencing with Section 72435) to Division 38 of the
Public Resources Code, relating to ocean resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1582, as introduced, Simitian. Ocean resources: ocean rangers.
Existing law prohibits a large passenger vessel from releasing
specified waste streams into the marine waters of the state and
requires the owner or operator of the vessel to maintain specified
records.
This bill would require an owner or operator of a large passenger
vessel to have an ocean ranger employed by the Department of Justice
who is a licensed marine engineer, granted peace officer status under
this bill, and on board while the vessel is operating in the marine
waters of the state to monitor the vessel's compliance with the above
prohibition and other applicable federal laws and regulations on
waste discharge. The owner or operator would be required to provide
specified records for inspection by the ocean ranger, upon request.
The ocean ranger would also be required to observe maintenance and
operational procedures for onboard waste treatment systems and review
relevant records, assist the passenger and crew in reporting and
investigating potential criminal activities onboard while in the
marine waters of the state, and evaluate and respond to risks related
to homeland security. The bill would authorize the department to
assess on the owner or operator of a vessel a fee of $1 per berth per
day on which the vessel is operating in the marine waters of the
state. The Department of Justice would be required to revise the fee
to ensure that the fee generates sufficient revenues only to cover
the costs of implementing this act, plus a prudent reserve. The bill
would require that the fees collected be deposited into the Ocean
Ranger Program Fund, which the bill would establish in the State
Treasury to be used, upon appropriation by the Legislature, to
implement this act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) More cruise ships are calling upon California ports of call
every year. The cruise ship fleet is increasing in size and carrying
capacity and producing increasing volumes of solid and liquid waste.
(b) Improperly treated wastes released into the environment can
significantly impact California's aquatic ecosystems and the people
and industries that depend upon them.
(c) The cruise ship industry has a poor record on self-policing
environmental practices.
(d) California's zero-discharge law for cruise ships does not
provide independent oversight of the industry or verification of the
zero-discharge requirement.
(e) Millions of American citizens travel on cruise ships every
year and numerous documented cases exist of serious crimes against
passengers by other passengers and crew members.
(f) The cruise ship industry has failed to adopt adequate measures
to protect passengers from theft, rape, assaults, and suspected
homicides, or to provide the necessary assistance to United States
public safety officers investigating these crimes.
(g) Every cruise ship provides thousands of foreign citizens, both
passengers and crew, with transport and access to multiple ports of
call in the state with insufficient oversight from state and federal
authorities.
(h) It is the intent of the Legislature to place a licensed marine
engineer with peace officer status on all cruise ships traveling
through the marine waters of the state. These employees of the state,
to be known as ocean rangers, would help protect the state's coastal
resources, investigate crimes against passengers, and provide
support to state and federal homeland security agencies.
SEC. 2. Section 830.3 of the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 of the
Penal Code as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms only if
authorized and under those terms and conditions as specified by their
employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs , provided that
if the primary duty of these peace officers
shall be is the enforcement of the law
as that duty is set forth in Section 160 of the Business and
Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code , provided that if the primary
duty of these peace officers shall be is
the enforcement of the law as that duty is set forth in Section
4156 of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code , provided that
if the primary duty of these peace officers shall
be is the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board , provided that if the
primary duty of these peace officers shall be
is the enforcement of Chapter 4 (commencing with Section
19400) of Division 8 of the Business and Professions Code and Chapter
10 (commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code , provided that if the primary
duty of these peace officers shall be is
the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code , provided that if the
primary duty of these peace officers shall be
is the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators Investigators
of the Division of Labor Standards Enforcement designated
by the Labor Commissioner , provided that if
the primary duty of these peace officers shall be
is the enforcement of the law as prescribed in
Section 95 of the Labor Code.
(h) All investigators Investigators
of the State Departments of Health Care Services, Public Health,
Social Services, Mental Health, and Alcohol and Drug Programs, the
Department of Toxic Substances Control, the Office of Statewide
Health Planning and Development, and the Public Employees' Retirement
System , provided that if the primary
duty of these peace officers shall be is
the enforcement of the law relating to the duties of his or her
department or office. Notwithstanding any other provision of law,
investigators of the Public Employees' Retirement System shall not
carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief
, provided that if the primary duty of
those investigators shall be is the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code , provided that if the primary
duty of these peace officers shall be is
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller ,
provided that if the primary duty of these
investigators shall be is the
enforcement of the law relating to the duties of that office.
Notwithstanding any other law, except as authorized by the
Controller, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations , provided that
if the primary duty of these investigators shall
be is the enforcement of the provisions of law
administered by the Department of Corporations. Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
(m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code , provided that
if the primary duty of these persons
shall be is the enforcement of the law as that
duty is set forth in Section 7011.5, and in Chapter 9 (commencing
with Section 7000) of Division 3, of that code. The Director of
Consumer Affairs may designate as peace officers not more than three
persons who shall at the time of their designation be assigned to the
special investigations unit of the board. Notwithstanding any other
provision of law, the persons designated pursuant to this subdivision
shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Division of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State , provided that
if the primary duty of these peace officers
shall be is the enforcement of the law
as prescribed in Chapter 3 (commencing with Section 8200) of Division
1 of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code , and all lottery security
personnel assigned to the California State Lottery and designated by
the director , provided that if the
primary duty of any of those peace officers
shall be is the enforcement of the laws
related to assuring the integrity, honesty, and fairness of the
operation and administration of the California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department , provided that if the
primary duty of those peace officers shall be
is the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code
, provided that if the primary duty of
those peace officers shall be is the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board
, provided that if the primary duty of
these peace officers shall be is the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u)
(t) Investigators of the Department of Managed Health
Care designated by the Director of the Department of Managed Health
Care , provided that if the primary
duty of these investigators shall be is
the enforcement of the provisions of laws administered by the
Director of the Department of Managed Health Care. Notwithstanding
any other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
(v)
(u) The Chief, Deputy Chief, supervising investigators,
and investigators of the Office of Protective Services of the State
Department of Developmental Services , provided that
if the primary duty of each of those persons
shall be is the enforcement of the law
relating to the duties of his or her department or office.
(v) Ocean rangers employed by the Department of Justice when
carrying out their law enforcement duties pursuant to Chapter 4.5
(commencing with Section 72435) of Division 38 of the Public
Resources Code.
Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry a
firearm by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force. A peace officer
authorized pursuant to this section to carry a firearm by his or her
employing agency shall qualify in the use of the firearms at least
every six months.
SEC. 3. Chapter 4.5 (commencing with Section 72435) is added to
Division 38 of the Public Resources Code, to read:
CHAPTER 4.5. OCEAN RANGERS
72435. For the purposes of this chapter, "ocean ranger" means an
employee of the Department of Justice who is a marine engineer
licensed by the United States Coast Guard and certified to perform
environmental monitoring, has successfully completed all training
required pursuant to Section 832 of the Penal Code, and is a peace
officer as described in subdivision (v) of Section 830.3 of the Penal
Code.
72435.1. (a) An owner or operator of a large passenger vessel
entering and operating in the marine waters of the state shall have
an ocean ranger onboard the vessel to act as an independent observer
for the purposes of monitoring compliance with the requirements of
Chapter 3 (commencing with Section 72420) and applicable federal laws
and regulations regarding discharge of waste while operating in the
marine waters of the state.
(b) An owner or operator of a large passenger vessel entering and
operating in the marine waters shall provide, upon request, records
kept pursuant to Section 72425 for inspection by the ocean rangers.
72435.2. The ocean ranger shall do all of the following:
(a) Monitor a large passenger vessel's compliance with the
requirements of Chapter 3 (commencing with Section 72420) and
applicable federal laws and regulations regarding discharge of
wastewater while the vessel is operating in the marine waters of the
state.
(b) Observe maintenance and operational procedures for onboard
waste treatment systems and review records kept pursuant to Section
72425.
(c) Assist the passengers and crew, as needed, with the reporting
and investigation of potential criminal activities occurring onboard
while in the marine waters of the state.
(d) Evaluate and respond to risks related to homeland security.
72435.3. (a) (1) The Department of Justice may assess on the
owner or operator of a large passenger vessel a fee of one dollar
($1) per berth per day on which the vessel is operating in the marine
waters of the state.
(2) The Department of Justice shall revise the fee from time to
time to ensure that the fee is sufficient to generate sufficient
revenues only to cover the costs of implementing this chapter, plus a
prudent reserve.
(b) The moneys collected pursuant to subdivision (a) shall be
deposited into the Ocean Ranger Program Fund, which is hereby
established in the State Treasury. The moneys in the fund shall be
available, upon appropriation by the Legislature, for the training of
ocean rangers and the implementation of this chapter.
72435.4. The Department of Justice shall implement this chapter
in conformity with all applicable requirements of international and
federal law.