BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 144|
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THIRD READING
Bill No: AB 144
Author: Mathis (R), et al.
Amended: 6/1/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for
vote
SUBJECT: DumpingDumping.
SOURCE: Author
DIGEST: This bill increases 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.
ANALYSIS:
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
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Page 2
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. (Penal Code, § 374.3 (a).)
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. (Penal Code, § 374.3 (b).)
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. (Penal
Code § 374.3 (c).)
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. (Penal Code,
§ 374.3 (d).)
5)Specifies a person convicted of dumping shall be punished by a
mandatory fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five
hundred dollars ($500) nor more than one thousand five hundred
dollars ($1,500) upon a second conviction, and by a mandatory
fine of not less than seven hundred fifty dollars ($750) nor
more than three thousand dollars ($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. (Penal Code
§ 374.3 (e).)
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Page 3
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.
(Penal Code § 374.3(f).)
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. (Penal Code § 374.3
(g).)
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 one thousand dollars
($1,000) nor more than three thousand dollars ($3,000) upon a
first conviction, not less than three thousand dollars
($3,000) nor more than six thousand dollars ($6,000) upon a
second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a
third or subsequent conviction. (Penal Code § 374.3(h)(1))
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. (Penal
Code § 374.3(h)(2))
This bill:
1) Increases the penalty for a fourth and subsequent
convictions for illegal dumping in non-commercial
quantities on private property without the consent of the
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Page 4
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.
2) 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
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According to the Senate Appropriations Committee:
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 unabated and a higher assessed
fine for the remainder of the period.
SUPPORT: (Verified 8/28/15)
None received
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
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Page 6
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by:Mary Kennedy / PUB. S. /
8/31/15 12:47:41
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