BILL ANALYSIS Ó
AB 1767
Page 1
ASSEMBLY THIRD READING
AB 1767 (Holden)
As Amended April 22, 2014
Majority Vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Garcia, |Ayes:|Gatto, Bocanegra, |
| |Muratsuchi, Skinner, | |Bradford, |
| |Stone, Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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SUMMARY : Increases the maximum fines imposed for specific
crimes conducted on lands owned or managed by the Santa Monica
Mountains Conservancy (Conservancy). Requires fine revenues for
certain crimes to pay the costs of repairs and clean up related
to the damage caused by those crimes, with the remaining funds
going to the Conservancy for resource conservation and park
grants. Specifically, this bill:
1)Increases the maximum fine for illegal dumping; injuring,
defacing, or destroying property; and a violation of posted
conditions from $1,000 to $1,500. For a violation of posted
conditions that is reduced from a misdemeanor to an
infraction, increases the $100 minimum fine to $250 and the
$500 maximum fine to $750.
2)Requires revenues from fines collected for illegal dumping and
injuring, defacing, or destroying property to be deposited
into the Santa Monica Mountains Conservancy Fund, upon
appropriation, to pay the costs of any necessary property
repairs or clean up related to violations, with any remaining
funds to be used by the Conservancy to award specified
resource conservation and park grants.
EXISTING LAW :
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1)Establishes the Conservancy within the Natural Resources
Agency to acquire and protect lands within the Santa Monica
Mountains Zone, which is an area of approximately 650,000
acres, generally encompassing the mountain areas of eastern
Ventura County, western Los Angeles County, and the mountain
areas surrounding the San Fernando, La Crescenta, and Santa
Clarita Valleys.
2)Creates a misdemeanor punishable by a fine of not more than
$1,000, or imprisonment in the county jail for not more than
six months, or both that fine and imprisonment for
unauthorized dumping on property owned or managed by the
Conservancy.
3)Creates a misdemeanor punishable by a fine of not more than
$1,000, or imprisonment in the county jail for not more than
six months, or both that fine and imprisonment for injuring,
defacing, or destroying any property owned or managed by the
Conservancy.
4)Creates a misdemeanor punishable by imprisonment in the county
jail not exceeding 90 days, or by a fine not exceeding $1,000,
or by both that fine and imprisonment for violation of the
posted conditions of use on any property owned or managed by
the Conservancy. Authorizes the judge, in considering the
recommendation of the prosecuting attorney, to reduce the
charged offense from a misdemeanor to an infraction. Requires
any person convicted of the offense after such a reduction to
be punished by a fine of not less $100, nor more than $500.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor penalty revenue increases, likely less than
$10,000, resulting from the imposition of higher minimum and
maximum fines (Santa Monica Mountains Conservancy Funds).
COMMENTS :
Author Statement. According to the author:
Fine levels for damage to property or the environment
have not increased at the Santa Monica Mountains
Conservancy in over a decade. In the intervening ten
years, state budget cuts required the Conservancy to
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increasingly rely upon Bond funds approved through
various state ballot measures. Many of these funds
contain strict limits on the use of their proceeds.
Because of these limits the Conservancy is limited in
the scope of funding for vital local projects.
AB 1767 seeks to provide the Conservancy increased
revenue and flexibility by increasing the fines and
using the new revenue to first pay for the repairs of
any damage to the Conservancy property and then to
help fund grants. The grant assistance is designed to
provide the Conservancy additional funding for
projects that do not fully meet the strict criteria
defined in a state ballot measure.
Background. The Conservancy was established by the California
State Legislature in 1980. Since that time, it has helped to
preserve over 69,000 acres of parkland in both wilderness and
urban settings, and improved more than 114 public recreational
facilities throughout Southern California. Additionally, it has
given grants to nonprofit organizations for educational and
interpretation programs that have served hundreds of thousands
of children and other park visitors.
In 1984, the Legislature established criminal penalties specific
to Conservancy property to address issues with dumping, property
damage, and violating posted rules. The maximum fine for each
penalty was $500. Eighteen years later, in 2002, the
Legislature increased the maximum fines to $1,000.
The Mountains Recreation and Conservation Authority (MRCA),
which is a local government public entity established in 1985
pursuant to the Joint Powers Act, manages and provides ranger
services on Conservancy property. The MRCA is who would
typically cite people for violations under the Conservancy's
statutes.
According to the author's office, the most common types of
violations are: a) dogs off leash and dogs in prohibited areas;
b) unauthorized barbeques; c) cigarette and marijuana smoking in
no-smoking areas; d) alcohol drinking; and, e) unauthorized
commercial uses, such as unpermitted filming, photography, and
dog walking services.
According to Conservancy staff, there are a number of cases that
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involve graffiti, property destruction, and dumping. In some of
these cases, the MRCA is able to identify the responsible party
and issue a citation.
Increasing the Maximum Fine Limits. As stated above, the
maximum fine for each penalty under the Conservancy's statutes
was $500 in 1984. Eighteen years later, in 2002, the
Legislature increased the maximum fine limits to $1,000, which
was a 100% increase. Now, 12 years later, this bill proposes to
increase these maximum fine limits to $1,500, which is only a
50% increase.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0003298