BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 144|
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                                   THIRD READING 


          Bill No:  AB 144
          Author:   Mathis (R), et al.
          Amended:  6/1/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/9/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   DumpingDumping.


          SOURCE:    Author
          
          DIGEST:  This bill increases 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.

          ANALYSIS:   


          Existing law: 

          1)States that it is unlawful to dump or cause to be dumped waste  
            matter in or upon a public or private highway or road,  
            including any portion of the right-of-way thereof, or in or  








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            upon private property into or upon which the public is  
            admitted by easement or license, or upon private property  
            without the consent of the owner, or in or upon a public park  
            or other public property other than property designated or set  
            aside for that purpose by the governing board or body having  
            charge of that property.  (Penal Code, § 374.3 (a).)  

          2)Provides it is unlawful to place, deposit, or dump, or cause  
            to be placed, deposited, or dumped, rocks, concrete, asphalt,  
            or dirt in or upon a private highway or road, including any  
            portion of the right-of-way of the private highway or road, or  
            private property, without the consent of the owner or a  
            contractor under contract with the owner for the materials, or  
            in or upon a public park or other public property, without the  
            consent of the state or local agency having jurisdiction over  
            the highway, road, or property.  (Penal Code, § 374.3 (b).)  

          3)States that a person violating dumping provisions is guilty of  
            an infraction. Each day that waste placed, deposited, or  
            dumped in violation the law is a separate violation.  (Penal  
            Code § 374.3 (c).)  

          4)Provides these provisions do not restrict a private owner in  
            the use of his or her own private property, unless the  
            placing, depositing, or dumping of the waste matter on the  
            property creates a public health and safety hazard, a public  
            nuisance, or a fire hazard, as determined by a local health  
            department, local fire department or district providing fire  
            protection services, or the Department of Forestry and Fire  
            Protection, in which case this section applies.  (Penal Code,  
            § 374.3 (d).)  

          5)Specifies a person convicted of dumping shall be punished by a  
            mandatory fine of not less than two hundred fifty dollars  
            ($250) nor more than one thousand dollars ($1,000) upon a  
            first conviction, by a mandatory fine of not less than five  
            hundred dollars ($500) nor more than one thousand five hundred  
            dollars ($1,500) upon a second conviction, and by a mandatory  
            fine of not less than seven hundred fifty dollars ($750) nor  
            more than three thousand dollars ($3,000) upon a third or  
            subsequent conviction. If the court finds that the waste  
            matter placed, deposited, or dumped was used tires, the fine  
            prescribed in this subdivision shall be doubled.  (Penal Code  
            § 374.3 (e).)  







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          6)Provides that the court may require, in addition to any fine  
            imposed upon a conviction, that, as a condition of probation  
            and in addition to any other condition of probation, a person  
            convicted under this section remove, or pay the cost of  
            removing, any waste matter which the convicted person dumped  
            or caused to be dumped upon public or private property.   
            (Penal Code § 374.3(f).)  

          7)Except when the court requires the convicted person to remove  
            waste matter which he or she is responsible for dumping as a  
            condition of probation, the court may, in addition to the fine  
            imposed upon a conviction, require as a condition of  
            probation, in addition to any other condition of probation,  
            that a person convicted of a violation of this section pick up  
            waste matter at a time and place within the jurisdiction of  
            the court for not less than 12 hours.  (Penal Code § 374.3  
            (g).)  

          8)States that a person who places, deposits, or dumps, or causes  
            to be placed, deposited, or dumped, waste matter in violation  
            of this section in commercial quantities shall be guilty of a  
            misdemeanor punishable by imprisonment in a county jail for  
            not more than six months and by a fine. The fine is mandatory  
            and shall amount to not less than one thousand dollars  
            ($1,000) nor more than three thousand dollars ($3,000) upon a  
            first conviction, not less than three thousand dollars  
            ($3,000) nor more than six thousand dollars ($6,000) upon a  
            second conviction, and not less than six thousand dollars  
            ($6,000) nor more than ten thousand dollars ($10,000) upon a  
            third or subsequent conviction. (Penal Code § 374.3(h)(1))

          9)Defines "commercial quantities" means an amount of waste  
            matter generated in the course of a trade, business,  
            profession, or occupation, or an amount equal to or in excess  
            of one cubic yard. This subdivision does not apply to the  
            dumping of household waste at a person's residence. (Penal  
            Code § 374.3(h)(2))

          This bill:

             1)   Increases the penalty for a fourth and subsequent  
               convictions for illegal dumping in non-commercial  
               quantities on private property without the consent of the  







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               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. 

             2)   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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes




































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          According to the Senate Appropriations Committee:


                 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 unabated and a higher assessed  
               fine for the remainder of the period. 


          SUPPORT:   (Verified 8/28/15)


          None received


          OPPOSITION:   (Verified 8/28/15)


          None received

          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  







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                                                                    Page  6


            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Mary Kennedy / PUB. S. / 
          8/31/15 12:47:41


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