BILL ANALYSIS                                                                                                                                                                                                    



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          GOVERNOR'S VETO


          AB  
          144 (Mathis)


          As Enrolled  September 11, 2015


          2/3 vote


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          |ASSEMBLY:  | 78-0 | (May 14,      |SENATE: |40-0  | (September 8,   |
          |           |      |2015)          |        |      |2015)            |
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          |ASSEMBLY:  | 78-0 | (September 9, |        |      |                 |
          |           |      |2015)          |        |      |                 |
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          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  








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          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 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.    








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          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  
            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.








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          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  
            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  








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          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."


          GOVERNOR'S VETO MESSAGE:


          I am returning the following nine bills without my signature:


          Assembly Bill 144


          Assembly Bill 849


          Senate Bill 168


          Senate Bill 170


          Senate Bill 271


          Senate Bill 333


          Senate Bill 347


          Senate Bill 716








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          Senate Bill 722


          Each of these bills creates a new crime - usually by finding a  
          novel way to characterize and criminalize conduct that is  
          already proscribed. This multiplication and particularization of  
          criminal behavior creates increasing complexity without  
          commensurate benefit.


          Over the last several decades, California's criminal code has  
          grown to more than 5,000 separate provisions, covering almost  
          every conceivable form of human misbehavior. During the same  
          period, our jail and prison populations have exploded.


          Before we keep going down this road, I think we should pause and  
          reflect on how our system of criminal justice could be made more  
          human, more just and more cost-effective.




          Analysis Prepared by:                                             
                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0002457



















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