BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1767
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1767 (Holden)
          As Amended  July 2, 2014
          Majority vote
           
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          |ASSEMBLY:  |55-18|(May 5, 2014)   |SENATE: |25-6 |(August 13,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    NAT. RES.  

           SUMMARY  :  Increases the maximum fines imposed for illegal  
          dumping or injuring, defacing, or destroying property on lands  
          owned or managed by the Santa Monica Mountains Conservancy  
          (Conservancy) from $1,000 to $1,500.  

           The Senate amendments  :  

          1)Delete language that would have increased the fines for  
            violating posted conditions of use on any property owned or  
            managed by the Conservancy.

          2)Delete language that would have allowed the Conservancy to use  
            fine revenues for grants and property repairs and cleanup.  
             
           EXISTING LAW  :

          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,  








                                                                  AB 1767
                                                                  Page  2

            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 Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  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.  


           Analysis Prepared by  :    Mario DeBernardo / NAT. RES. / (916)  
          319-2092


                                                               FN: 0004453