BILL NUMBER: AB 1924	CHAPTERED  07/01/04

	CHAPTER  90
	FILED WITH SECRETARY OF STATE  JULY 1, 2004
	APPROVED BY GOVERNOR  JUNE 30, 2004
	PASSED THE SENATE  JUNE 21, 2004
	PASSED THE ASSEMBLY  MAY 3, 2004
	AMENDED IN ASSEMBLY  MARCH 18, 2004

INTRODUCED BY   Assembly Member Bogh
   (Principal coauthor: Senator Battin)

                        FEBRUARY 10, 2004

   An act to amend Sections 4299 and 4376 of the Public Resources
Code, relating to fire prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1924, Bogh.  Fire prevention:  penalties.
   (1) Existing law authorizes the Governor, through the Director of
Forestry and Fire Protection, by proclamation, upon a showing that
unrestricted use of any grass-covered land, grain-covered land,
brush-covered land, or forest-covered land is a menace to life or
property due to conditions tending to cause or allow the rapid spread
of fires, to require that the area be closed to hunting and fishing
and to entry by any person, except as specified.  Existing law
provides that a person who violates the closure proclamation shall be
punished by a fine of not less than $50 nor more than $1,000, or by
imprisonment in the county jail, as provided, or by both the fine and
the imprisonment.
   This bill would increase the fine to not less than $100 nor more
than $2,000.
   (2) Existing law provides that any person who maintains any solid
waste facility in violation of specified laws relating to flammable
solid waste shall be punished for a first conviction by a fine not to
exceed $250 and for a second or subsequent conviction within 5 years
of a prior conviction, by a fine not less than $250 or more than
$1,000, or by imprisonment in the county jail, as provided, or by
both the fine and imprisonment.
   This bill would increase the fines to not more than $500 for a
first conviction, and not less than $500 or more than $2,000 for a
second or subsequent conviction within 5 years of a prior conviction.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4299 of the Public Resources Code is amended to
read:
   4299.   A person who violates Section 4297 or 4298 is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) nor more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not less than 10 days nor
more than 90 days or both the fine and imprisonment.  All state and
county law enforcement officers shall enforce orders of closure.
  SEC. 2.  Section 4376 of the Public Resources Code is amended to
read:
   4376.  A person who maintains a solid waste facility in violation
of this chapter is guilty of a misdemeanor, and shall be punished for
a first conviction by a fine not to exceed five hundred dollars
($500), and, for a second or subsequent conviction within five years
of a prior conviction of a violation of this chapter, by a fine not
less than five hundred dollars ($500) or more than two thousand
dollars ($2,000) or imprisonment in the county jail for a period not
to exceed 30 days, or both that fine and imprisonment.  Each and
every day of violation is a separate and distinct offense.