Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1767


Introduced by Assembly Member Holden

February 14, 2014


An act to amend Section 33211.6 of the Public Resources Code, relating to the Santa Monica Mountains Conservancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1767, as amended, Holden. Santa Monica Mountains Conservancy: property destruction: fines.

Existing law establishes the Santa Monica Mountains Conservancy in the Natural Resourcesbegin delete Agency,end deletebegin insert Agencyend insert and prescribes the membership, functions, and duties of the conservancy with regard to the preservation, protection, and management of specified lands in the Santa Monica Mountains. Existing law makes it a misdemeanor to dump any refuse matter, except pursuant to a specified permit, on property owned or managed by the conservancy, and posted against that dumping, or to injure, deface, or destroy any property owned or managed by the conservancy, and makes those crimes punishable by a fine of not more than $1,000, or imprisonment in the county jail for not more than 6 months, or both that fine and imprisonment.

This bill would increase the maximum fine for those crimes to $1,500begin insert, and would require that the revenues from those fines be deposited into the Santa Monica Mountains Conservancy Fund and, upon appropriation, be used to pay the costs of any necessary property repairs or cleanup related to those violations, with any remaining funds to be used by the conservancy to award specified resource conservation and park grantsend insert.

Existing law also makes a violation of the posted conditions of use on any property owned or managed by the conservancy a misdemeanor punishable by imprisonment in the county jail not exceeding 90 days, or by a fine of not more than $1,000, or by both that fine and imprisonment, but provides that the judge may reduce the charged offense to an infraction, punishable by a fine of not less than $100, nor more than $500.

This bill would increase the maximum fine for a misdemeanor violation to $1,500 and would increase the fine for an infraction to not less than $250, nor more than $750.

begin delete

The bill would also require that the revenues from all of those fines be deposited into the Santa Monica Mountains Conservancy Fund, and used, upon appropriation, to pay the costs of any necessary property repairs or clean up related to those violations, with any remaining funds to be used by the conservancy to award specified resource conservation and park grants.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 33211.6 of the Public Resources Code
2 is amended to read:

3

33211.6.  

(a) Dumping any refuse matter, except by permit
4signed by the executive director or the executive director’s
5authorized representative, on property owned or managed by the
6conservancy, and posted against that dumping, shall be a
7misdemeanor punishable by a fine of not more than one thousand
8five hundred dollars ($1,500), or imprisonment in the county jail
9for not more than six months, or both that fine and imprisonment.

10(b) Injuring, defacing, or destroying any property owned or
11managed by the conservancy or any of the natural features thereof,
12shall be a misdemeanor punishable by a fine of not more than one
13thousand five hundred dollars ($1,500), or imprisonment in the
14county jail for not more than six months, or both that fine and
15imprisonment.

16(c) Violation of the posted conditions of use on any property
17owned or managed by the conservancy is a misdemeanor
18punishable by imprisonment in the county jail not exceeding 90
19days, or by a fine not exceeding one thousand five hundred dollars
P3    1($1,500), or by both that fine and imprisonment, except that at the
2time a particular action is commenced, the judge may, considering
3the recommendation of the prosecuting attorney, reduce the charged
4offense from a misdemeanor to an infraction. Any person convicted
5of the offense after such a reduction shall be punished by a fine of
6not less than two hundred fifty dollars ($250), nor more than seven
7hundred fifty dollars ($750).

8(d) Any revenues from the fines imposed pursuant tobegin delete this sectionend delete
9begin insert subdivision (a) or (b)end insert shall be deposited into the fundbegin delete and used,end delete
10begin insert and,end insert upon appropriation by the Legislature,begin insert usedend insert to pay the costs
11of any necessary property repairs or cleanup related to a violation
12of this section, with any remaining funds to be used by the
13conservancy to award grants authorized by Section 33204.



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