BILL ANALYSIS Ó AB 144 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 144 (Mathis) As Amended June 1, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 78-0 | (May 14, |SENATE: |40-0 | (September 8, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Specifies that the fourth violation of illegal dumping on private property shall be a misdemeanor punishable by up to 30 days in the county jail. The Senate amendments make non-substantive technical changes to the bill. 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 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 AB 144 Page 2 other than property designated or set aside for that purpose by the governing board or body having charge of that property. 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. 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. 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. 5)Specifies a person convicted of dumping shall be punished by a mandatory fine of not less than $250 nor more than $1,000 upon a first conviction, by a mandatory fine of not less than $500 nor more than $1,500 upon a second conviction, and by 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 fine prescribed in this subdivision shall be doubled. 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 AB 144 Page 3 removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. 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. 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 $1,000 nor more than $3,000 upon a first conviction, not less than $3,000 nor more than $6,000 upon a second conviction, and not less than $6,000 nor more than $10,000 upon a third or subsequent conviction. 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. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)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. 2)Accrued fines vs. separate violations: Unknown, potential AB 144 Page 4 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. COMMENTS: According to the author, "Under existing law, dumping in non-commercial quantities on private property is only an infraction and subject to a minor fine and no jail time. Illegal dumping on private property is a serious issue for property owners, law enforcement agencies, and communities as a whole. Dumpers impose significant clean-up costs upon the owners of the afflicted property. Dumping also poses a costly burden on law enforcement officials whom are called to respond when an incident occurs. Communities also suffer more than a nuisance as property values and revenues to local government suffer due to blight from dumping. While the costs and negative outcomes associated with illegal dumping on private property can be high, the penalties for offenders whom are apprehended are too minor to provide adequate deterrence from this behavior. This bill would increase the penalty for illegal dumping on private property in non-commercial quantities from an infraction to a misdemeanor, subject to stiffer fines and up to 30-days of jail time, to discourage illegal dumping." Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001813 AB 144 Page 5