BILL NUMBER: AB 1767	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2014

   An act to amend Section 33211.6 of the Public Resources Code,
relating to the Santa Monica Mountains Conservancy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1767, as introduced, Holden. Santa Monica Mountains
Conservancy: property destruction: fines.
   Existing law establishes the Santa Monica Mountains Conservancy in
the Natural Resources Agency, and prescribes the membership,
functions, and duties of the conservancy with regard to the
preservation, protection, and management of specified lands in the
Santa Monica Mountains. Existing law makes it a misdemeanor to dump
any refuse matter, except pursuant to a specified permit, on property
owned or managed by the conservancy, and posted against that
dumping, or to injure, deface, or destroy any property owned or
managed by the conservancy, and makes those crimes punishable by a
fine of not more than $1,000, or imprisonment in the county jail for
not more than 6 months, or both that fine and imprisonment.
   This bill would increase the maximum fine for those crimes to
$1,500.
   Existing law also makes a violation of the posted conditions of
use on any property owned or managed by the conservancy a misdemeanor
punishable by imprisonment in the county jail not exceeding 90 days,
or by a fine of not more than $1,000, or by both that fine and
imprisonment, but provides that the judge may reduce the charged
offense to an infraction, punishable by a fine of not less than $100,
nor more than $500.
   This bill would increase the maximum fine for a misdemeanor
violation to $1,500 and would increase the fine for an infraction to
not less than $250, nor more than $750.
   The bill would also require that the revenues from all of those
fines be deposited into the Santa Monica Mountains Conservancy Fund,
and used, upon appropriation, to pay the costs of any necessary
property repairs or clean up related to those violations, with any
remaining funds to be used by the conservancy to award specified
resource conservation and park grants.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 33211.6 of the Public Resources Code is amended
to read:
   33211.6.  (a) Dumping any refuse matter, except by permit signed
by the executive director or the executive director's authorized
representative, on property owned or managed by the conservancy, and
posted against that dumping, shall be a misdemeanor punishable by a
fine of not more than one thousand  dollars ($1,000)
  five hundred dollars ($1,500)  , or imprisonment
in the county jail for not more than six months, or both that fine
and imprisonment.
   (b) Injuring, defacing, or destroying any property owned or
managed by the conservancy or any of the natural features thereof,
shall be a misdemeanor punishable by a fine of not more than one
thousand  dollars ($1,000)   five hundred
dollars ($1,500)  , or imprisonment in the county jail for not
more than six months, or both that fine and imprisonment.
   (c) Violation of the posted conditions of use on any property
owned or managed by the conservancy is a misdemeanor punishable by
imprisonment in the county jail not exceeding 90 days, or by a fine
not exceeding one thousand  dollars ($1,000)  
five hundred dollars ($1,500)  , or by both that fine and
imprisonment, except that at the time a particular action is
commenced, the judge may, considering the recommendation of the
prosecuting attorney, reduce the charged offense from a misdemeanor
to an infraction. Any person convicted of the offense after such a
reduction shall be punished by a fine of not less than  one
hundred dollars ($100)   two hundred fifty dollars
($250)  , nor more than  five hundred dollars ($500)
  seven hundred fifty dollars ($750)  . 
   (d) Any revenues from the fines imposed pursuant to this section
shall be deposited into the fund and used, upon appropriation by the
Legislature, to pay the costs of any necessary property repairs or
clean up related to a violation of this section, with any remaining
funds to be used by the conservancy to award grants authorized by
Section 33204.