BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 144 (Mathis) - Dumping
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|Version: June 1, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 22, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 144 would increase the penalty for illegal dumping of waste
matter in non-commercial quantities on private property for
fourth and subsequent convictions to a misdemeanor, as
specified, and would revise how fines are assessed during the
period the waste matter remains unabated.
Fiscal
Impact:
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.
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
AB 144 (Mathis) Page 1 of
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unabated and a higher assessed fine for the remainder of the
period.
*Proposition 30 (2012) provides that legislation enacted after
September 30, 2012, that has an overall effect of increasing the
costs already borne by a local agency for realigned programs, as
specified, apply to local agencies only to the extent the State
provides annual funding for the cost increase. Although
legislation creating a new crime or revising the definition of
an existing crime is exempt from Proposition 30 state funding
requirements, legislation that changes the penalty for an
existing crime is not similarly specifically exempt. Illegal
dumping is an existing crime. To the extent increasing fourth
and subsequent convictions to a misdemeanor is determined to
change the penalty for this crime, any increase in costs to
local agencies attributable to the provisions of this
legislation could potentially require annual funding from the
State.
Background: Existing law provides for the following penalties for dumping
waste matter in non-commercial quantities in or upon a public or
private highway or road, or in or upon public or private
property without the owner's consent, as follows:
A mandatory fine of not less than $250 nor more than
$1,000 upon a first conviction;
A mandatory fine of not less than $500 nor more than one
$1,500 upon a second conviction;
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 fines imposed above are doubled.
Under existing law, each day the waste matter remains is a
separate violation. (Penal Code (PC) § 374.3(a)-(e).)
Under existing law, dumping waste matter on public or private
property in commercial quantities, as defined, is a misdemeanor,
punishable by imprisonment in a county jail for up to six months
and a fine of $1,000 to $3,000 for a first conviction, a fine of
$3,000 to $6,000 for a second conviction, and a fine of $6,000
to $10,000 for a third or subsequent conviction. (PC §
374.3(h).)
Proposed Law:
AB 144 (Mathis) Page 2 of
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This bill would increase the penalty for a fourth and
subsequent convictions for illegal dumping in non-commercial
quantities on private property without the consent of the owner
from an infraction to a misdemeanor, punishable by up to 30 days
in a county jail and a fine of not less than $750 nor more than
$3,000.
Additionally, this bill provides that a separate fine in the
same amount as initially imposed shall accrue for each day that
waste placed, deposited, or dumped remains unabated, but no
additional conviction for the purposes of punishment shall arise
for the same act.
Staff
Comments: Under Proposition 30 (2012), legislation that has an
overall effect of increasing the costs already borne by a local
agency for realigned programs including managing local jails and
providing supervision of offenders, apply to local agencies only
to the extent the State provides annual funding for the cost
increase. Although legislation creating a new crime or revising
the definition of an existing crime is exempt from Proposition
30 state funding requirements, legislation that changes the
penalty for an existing crime is not similarly exempt. As
illegal dumping is an existing crime, to the extent increasing
the fourth and subsequent convictions to a misdemeanor is
determined to change the penalty for this crime, any increase in
costs to local agencies attributable to the provisions of this
legislation could potentially require annual funding from the
State.
Data from the Department of Justice reflects over 150 arrests
and 90 convictions for illegal dumping (non-commercial) in
calendar year 2014. However, it is unknown what percentage of
cases involved illegal dumping on private vs. public property,
and the length of time the waste matter was left unabated in
each case. As the misdemeanor penalty for fourth and subsequent
convictions is up to 30 days in county jail, the potential
increase in costs for local incarceration is estimated to be
minor.
This bill revises how fines are assessed during the period waste
matter remains unabated, which could result in a reduction of
fine and associated penalty revenues to the State and counties.
This bill requires the same fine as initially imposed to accrue
AB 144 (Mathis) Page 3 of
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each day waste matter remains unabated versus the imposition of
separate violations under existing law for each day waste matter
remains unabated, which would require cumulatively higher
assessed fines for the first three days, resulting in a higher
assessed fine for the remainder of the period the waste matter
remains. While the potential reduction in fine and penalty
revenues in any one year is unknown, for even one case involving
waste matter left unabated for 30 days, the potential loss of
state penalty revenues could range from $14,000 to $68,000
(General Fund).
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