BILL NUMBER: AB 1767	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014

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 amended, 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, and would require that the revenues from those fines
be deposited into the Santa Monica Mountains Conservancy Fund and,
upon appropriation, be used to pay the costs of any necessary
property repairs or cleanup related to those violations, with any
remaining funds to be used by the conservancy to award specified
resource conservation and park grants.   $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
authorize a judge to reduce a charged offense, relati   ng
to dumping any refuse matter or injuring, defacing, or destroying
property, discussed above, to an infraction, as provided.  
   The bill would require that the revenues from these fines be
deposited into the Santa Monica Mountains Conservancy Fund and, upon
appropriation, be used to pay the costs of any necessary property
repairs or cleanup related to those violations, with any remaining
funds to be used by the conservancy to award specified resource
conservation and park grants. The bill would make related findings of
legislative intent. 
   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 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 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 five hundred dollars ($1,500), or by both
that fine and  imprisonment, except that at  
imprisonment. 
    (d)     At  the time a particular
action  pursuant to this section  is commenced, the judge
may, considering the recommendation of the prosecuting attorney,
reduce the charged offense from a misdemeanor to an infraction.
 Any   A  person convicted of the offense
after  such  a reduction shall be punished by a fine
of not less than two hundred fifty dollars ($250), nor more than
seven hundred fifty dollars ($750). 
   (d) 
    (e)  Any revenues from the fines imposed pursuant to
 subdivision (a) or (b)   this section 
shall be deposited into the fund and, upon appropriation by the
Legislature, used to pay the costs of any necessary property repairs
or cleanup related to a violation of this section, with any remaining
funds to be used by the conservancy to award grants authorized by
Section 33204.
   SEC. 2.    The Legislature finds and declares that
paragraph (3) of subdivision (a) of Section 33211.5 of the Public
Resources Code is not intended to be used by the conservancy for stop
sign photoenforcement.