BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 144 (Mathis) - Dumping ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 1, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 22, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 144 would increase the penalty for illegal dumping of waste matter in non-commercial quantities on private property for fourth and subsequent convictions to a misdemeanor, as specified, and would revise how fines are assessed during the period the waste matter remains unabated. Fiscal Impact: Local jails : Potential minor future increase in non-reimbursable local costs (General Fund*) for enforcement and incarceration to the extent the new misdemeanor results in additional short-term jail sentences. Accrued fines vs. separate violations : Unknown, potential decrease in fine and state penalty revenues, potentially in excess of $50,000 (General Fund), to the extent the same fine as initially imposed accrues each day the waste matter remains unabated versus the imposition of separate violations under existing law, which would require cumulatively higher assessed fines for the first three days the waste matter remains AB 144 (Mathis) Page 1 of ? unabated and a higher assessed fine for the remainder of the period. *Proposition 30 (2012) provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs, as specified, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly specifically exempt. Illegal dumping is an existing crime. To the extent increasing fourth and subsequent convictions to a misdemeanor is determined to change the penalty for this crime, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State. Background: Existing law provides for the following penalties for dumping waste matter in non-commercial quantities in or upon a public or private highway or road, or in or upon public or private property without the owner's consent, as follows: A mandatory fine of not less than $250 nor more than $1,000 upon a first conviction; A mandatory fine of not less than $500 nor more than one $1,500 upon a second conviction; A mandatory fine of not less than $750 nor more than $3,000 upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fines imposed above are doubled. Under existing law, each day the waste matter remains is a separate violation. (Penal Code (PC) § 374.3(a)-(e).) Under existing law, dumping waste matter on public or private property in commercial quantities, as defined, is a misdemeanor, punishable by imprisonment in a county jail for up to six months and a fine of $1,000 to $3,000 for a first conviction, a fine of $3,000 to $6,000 for a second conviction, and a fine of $6,000 to $10,000 for a third or subsequent conviction. (PC § 374.3(h).) Proposed Law: AB 144 (Mathis) Page 2 of ? This bill would increase the penalty for a fourth and subsequent convictions for illegal dumping in non-commercial quantities on private property without the consent of the owner from an infraction to a misdemeanor, punishable by up to 30 days in a county jail and a fine of not less than $750 nor more than $3,000. Additionally, this bill provides that a separate fine in the same amount as initially imposed shall accrue for each day that waste placed, deposited, or dumped remains unabated, but no additional conviction for the purposes of punishment shall arise for the same act. Staff Comments: Under Proposition 30 (2012), legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including managing local jails and providing supervision of offenders, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly exempt. As illegal dumping is an existing crime, to the extent increasing the fourth and subsequent convictions to a misdemeanor is determined to change the penalty for this crime, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State. Data from the Department of Justice reflects over 150 arrests and 90 convictions for illegal dumping (non-commercial) in calendar year 2014. However, it is unknown what percentage of cases involved illegal dumping on private vs. public property, and the length of time the waste matter was left unabated in each case. As the misdemeanor penalty for fourth and subsequent convictions is up to 30 days in county jail, the potential increase in costs for local incarceration is estimated to be minor. This bill revises how fines are assessed during the period waste matter remains unabated, which could result in a reduction of fine and associated penalty revenues to the State and counties. This bill requires the same fine as initially imposed to accrue AB 144 (Mathis) Page 3 of ? each day waste matter remains unabated versus the imposition of separate violations under existing law for each day waste matter remains unabated, which would require cumulatively higher assessed fines for the first three days, resulting in a higher assessed fine for the remainder of the period the waste matter remains. While the potential reduction in fine and penalty revenues in any one year is unknown, for even one case involving waste matter left unabated for 30 days, the potential loss of state penalty revenues could range from $14,000 to $68,000 (General Fund). -- END --