Bills

AB 1041: Wildlife: white sage: taking and possession.

Session Year: 2023-2024
House: Assembly
Latest Version Date: 2023-02-15

Current Status:

Failed

(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

This bill makes it illegal to uproot, remove, harvest, cut, sell, transport, or buy white sage (Salvia apiana) taken from state or local land or from someone else’s property without the landowner’s written permission. It allows people with the proper state permits and allows Native American tribal members to harvest or use white sage on state or local land for traditional, cultural, or spiritual purposes, and violations are misdemeanors with heavy fines (starting at $5,000 for a qualifying first conviction), possible county jail up to six months, and forfeiture of seized plants.

Version:

Under existing law, it is unlawful to uproot, remove, harvest, or cut dudleya, as defined, from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession, except as provided, and to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of that provision. Existing law establishes specified criminal penalties for a violation of those provisions.

This bill would extend those same prohibitions to white sage and would subject a violation of those prohibitions to the same criminal penalties established for dudleya. The bill, with respect to state and local property, would exempt the harvest and use of white sage for traditional tribal, cultural, or spiritual purposes by a member of a Native American tribe, as specified.

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.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 2025 is added to the Fish and Game Code, to read:2025.

(a)For purposes of this section, white sage means the plant white sage (salvia apiana).

(b)Except as provided in subdivision (d), it is unlawful to uproot, remove, harvest, or cut white sage from land owned by the state or a local government or from property not ones own without written permission from the landowner in ones immediate possession.

(c)It is unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase white sage uprooted, removed, harvested, or cut in violation of subdivision (b).

(d)(1)A person or entity that holds a license or permit pursuant to Section 1002 may take white sage consistent with that license or permit.

(2)The prohibitions set forth in subdivisions (b) and (c), with respect to state or local property, do not apply to white sage harvested or used, or both, for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized Native American tribe or a nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.

(e)Notwithstanding Section 12000, for a violation of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:

(1)For a first conviction, where the total value is two hundred fifty dollars ($250) or more, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(2)For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) and not more than five hundred thousand dollars, ($500,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(f)In addition to, and separate from, any criminal penalty provided for under subdivision (e), where applicable, the cost of replanting any white sage forfeited pursuant to subdivision (g), may be imposed by the court.

(g)Upon conviction or other entry of judgment for a violation of this section, any seized white sage shall be forfeited to the department.

(h)Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

Date	Status
Feb 1, 2024	From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Jan 31, 2024	Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
Feb 23, 2023	Referred to Com. on W., P., & W.
Feb 16, 2023	From printer. May be heard in committee March 18.
Feb 15, 2023	Read first time. To print.

Authors shown for version:
Introduced (2/15/2023)